The boundaries of the zoning districts set forth in this article are hereby established as shown on the official zoning map which accompanies this chapter and which, with all notations, references, and other information shown thereon, shall be as much a part of this chapter as if fully described herein.

(Ord. of 7-10-2006(2), § 308)

(a)

The boundaries of the districts are shown upon the map accompanying this chapter and made part hereof, entitled "Zoning Map, Town of Wilson's Mills, North Carolina." The zoning map and all the notation, references and all amendments thereto, and other information shown thereon, is hereby made part of this chapter the same as if such information set forth on the map were all fully described and set out herein. The zoning map properly attested is on file in the office of the town clerk and is available for inspection by the public.

(b)

In the creation by this chapter, of the respective districts, the town council have given careful consideration to the peculiar suitability of each and every district for the particular regulations applied thereto, and the necessary, proper and comprehensive groupings and arrangements of various uses and densities of population in accordance with a well considered comprehensive plan for physical development of the community.

(c)

The boundaries of such districts as are shown upon the map adopted by this chapter are hereby adopted and provisions of this chapter governing the use of land and buildings, the height of buildings, building site areas, the size of yards about buildings, and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all and included within the boundaries of each and every district shown upon said map.

(Ord. of 7-10-2006(2), § 310)

The following general use districts are hereby established for the town and its extraterritorial jurisdiction, and land within said areas shall be designated on the official zoning map by the following symbols:

(Ord. of 7-10-2006(2), § 300.1)

The following conditional use districts are hereby established for the town and its extraterritorial jurisdiction. A conditional use district corresponds to each of the general use districts authorized in this chapter and land within said areas shall be designated on the official zoning map by the following symbols:

(Ord. of 7-10-2006(2), § 300.2)

(a)

The following overlay districts, which shall overlay the general use and conditional use zoning districts enumerated in sections 30-44 and 30-45, and which shall provide for special review of development within such overlay districts in accordance with the intent, procedures, and standards established for the underlying zoning district, are hereby established:

(b)

The boundaries of the such overlay zoning districts are hereby established as shown on the official zoning map which accompanies this chapter and which, with all notations, references and other information shown thereon, shall be as much a part of this chapter as if fully described herein.

(Ord. of 7-10-2006(2), § 300.3; Ord. of 9-17-2012)

(a)

The Residential-Agricultural District (RA-40) is intended to provide for areas of low-density residential development, to encourage the continuance of agricultural use of the land and to encourage the continued use for farming in harmony with the suitability of the land accessibility to major activity centers and transportation systems.

(b)

Dimensional requirements.

(1) Dimensional requirements in PUDs shall be in accordance with sections 30-357—30-359.

(Ord. of 7-10-2006(2), § 302.1)

(a)

The Low-Density Residential District (R-30) is intended to ensure the proper use of land and that residential areas are developed and maintained and any development that will occur is with appropriate density to provide a healthful environment with accessibility to major activity centers and transportation systems.

(b)

Dimensional requirements.

Note:

(1) 30,000 square feet for three units, plus 5,000 square feet for each additional unit.

(2) Dimensional requirements in PUDs shall be in accordance with sections 30-357—30-359.

(Ord. of 7-10-2006(2), § 302.2)

(a)

The Medium-Low Density Residential District (R-20) is intended to ensure the proper use of land and that residential areas are developed and maintained and any development that will occur is with appropriate density to provide a healthful environment with accessibility to major activity centers and transportation systems.

(b)

Dimensional requirements.

Note:

(1) 20,000 square feet for three units, plus 5,000 square feet for each additional unit.

(2) Dimensional requirements in PUDs shall be in accordance with sections 30-357—30-359.

(Ord. of 7-10-2006(2), § 302.3)

(a)

The Medium-Density Residential District (R-10) is intended to ensure the proper use of land and that residential areas are developed and maintained and any development that will occur is with appropriate density to provide a healthful environment with accessibility to major activity centers and transportation systems.

(b)

Dimensional requirements.

Note:

(1) 30,000 square feet for three units, plus 5,000 square feet for each additional unit.

(2) Dimensional requirements in PUDs shall be in accordance with sections 30-357—30-359.

(Ord. of 7-10-2006(2), § 302.4)

(a)

The Residential Manufactured Home Park District (RMH) is intended to provide affordable residential development that addresses specific residential needs, as well as to ensure that specific residential development of appropriate intensities in harmony with the suitability of land and transportation systems, and that are compatible with surrounding development, will occur at sufficiently density to provide a healthful environment.

(b)

Dimensional requirements for the MHP district shall be in accordance with section 30-347

(Ord. of 7-10-2006(2), § 302.5)

(a)

The Office and Institutional District (O&I) is intended to provide for office, institutional, educational, research, public service uses and their necessary support functions, while minimizing conflicts with adjoining land uses.

(b)

Dimensional requirements.

(Ord. of 7-10-2006(2), § 302.6)

(a)

A business district intended for the use of general businesses and other related uses.

(1)

Predominate exterior building materials on a façade visible from a public street shall be of high quality, including brick, wood, or textured masonry units. The applicant shall provide the town with a visual rendition of the proposed development showing the building façade, parking areas, and all applicable landscaping for the development.

(2)

No portion of any building shall be farther than 500 feet or closer than 40 feet to a fire hydrant.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Offices, including but not limited to:

a.

General business.

b.

Banking and financial.

c.

Health clinic(s) and medical.

d.

Professional.

(2)

General business and retail uses, including but not limited to:

a.

ABC stores.

b.

Antiques.

c.

Appliance and gift store(s).

d.

Automobile and boat sales.

e.

Boat sales and service.

f.

Flowers, greenhouses, plant nurseries.

g.

Food stores.

h.

General retail merchandise store(s).

i.

Sales.

(3)

Service establishments, including:

a.

Aerobic class/dance school/karate school.

b.

Auction house.

c.

Barber and beauty shops.

d.

Dry cleaning and laundry pickup stations, including laundromats.

e.

Funeral homes.

f.

Indoor recreational activities, including billiard rooms, bowling alleys, and skating rinks.

g.

Outdoor recreational activities, including golf driving range and outdoor baseball batting cages.

h.

Parking lots.

i.

Radio and television broadcasting studios.

j.

Restaurants.

k.

Shoe repair.

l.

Storage facilities.

m.

Theaters.

n.

Motor vehicle and recreation vehicle (RV) repairs.

(c)

Conditional uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the board of commissioners:

(1)

Bed and breakfast, subject to other requirements of this chapter and provided the following conditions are met:

a.

Bed and breakfasts shall provide improved parking spaces for guests and required by this section.

b.

All parking areas shall be buffered from abutting residential districts or uses in accordance with this section.

c.

No independent sleeping, cooking, or bathing facilities shall be located on the property. All activities associated with a bed and breakfast shall be conducted out of the principal building.

(2)

Cabinet and woodworking facility, subject to other requirements of this chapter and provided the following conditions are met:

a.

No outside storage of materials shall be allowed.

(3)

Cellular towers subject to other requirements of this chapter and provided the following conditions are met:

a.

All proposed cell towers shall be developed in accordance with the rules and regulations outlined within the pertinent section governing said use in this section.

(4)

Child day care center subject to other requirements of this chapter and provided the following conditions are met:

a.

The facility shall adhere to the minimum requirements of and be licensed by the North Carolina Department of Human Resources, Division of Facility Services, Child Day Care Section.

b.

Pick-up and drop-off areas shall be provided separate from the drive-aisle. The pick-up and drop-off areas shall be designed so that no child is required to cross the parking lot or any other traffic areas.

c.

All outdoor recreational areas shall be buffered from adjacent residential uses and districts. The buffer shall be placed on the exterior side of any required fencing.

(5)

Family day care center subject to other requirements of this chapter and provided the following conditions are met:

a.

The facility shall adhere to the minimum requirements of and be licensed by the North Carolina Department of Human Resources, Division of Facility Services.

b.

All principal and accessory buildings shall be located at least 25 feet from all property lines.

c.

A mandatory buffer yard shall be installed to a minimum of ten feet in width that will contain local indigenous plant life that shall achieve a minimum height of five feet within three years.

(6)

Funeral home including, but not limited to: Mortuary and crematorium subject to other requirements of this chapter and provided the following conditions are met:

a.

All principal and accessory buildings shall be located at least 30 feet from all property lines.

b.

A mandatory buffer yard shall be installed to a minimum of ten feet in width that will contain local indigenous plant life that shall achieve a minimum height of five feet within three years.

(7)

Golf course including all related customary accessory uses including, but not limited to, club house, driving range, and snack bars subject to other requirements of this chapter and provided the following conditions are met:

a.

All principal and accessory building shall be located at least 40 feet from all property lines.

b.

A detailed soil erosion and sedimentation control plan shall be reviewed and approved by the State of North Carolina Department of Water Quality prior to the review of the special use application by the Town of Wilson's Mills.

c.

All proposed golf course holes shall be located al least 20 feet from all property lines.

d.

The minimum lot area for an 18-hole golf course shall be 170 acres. The minimum lot area for a nine-hole golf course shall be 80 acres.

(8)

Group care facility subject to other requirements of this chapter and provided the following conditions are met:

a.

The facility shall adhere to the minimum requirements of and be licensed by the North Carolina Department of Human Resources, Division of Facility Services.

b.

All principal and accessory buildings shall be located at least 25 feet from all property lines.

c.

A mandatory buffer yard shall be installed to a minimum of ten feet in width that will contain local indigenous plant life that shall achieve a minimum height of five feet within three years.

(9)

Hotel and/or motel, subject to other requirements of this chapter and provided the following conditions are met:

a.

Customary accessory commercial uses may be located on premises provided they are within the principal structure with a minimum of 50 units. Entry to any and all commercial accessory uses shall be from the interior of the structure and no outdoor display of merchandise shall be allowed.

b.

All principal and accessory structures shall be setback a minimum 40 feet from all property lines.

c.

All required parking areas shall be buffered and screened in accordance with the regulations within this section.

d.

All dumpster areas shall be screened.

(10)

Kennel(s) subject to other requirements of this chapter and provided the following conditions are met:

a.

All pens and kennels shall be in an enclosed, air-conditioned building.

b.

All unenclosed runs shall be set back not less than 50 feet from any existing residential use or district.

(11)

Local municipal offices and facilities, including fire and police stations, subject to other requirements of this chapter and provided the following conditions are met:

a.

All such uses shall be located on a lot that is at a minimum one acre in area.

b.

All proposed uses and required parking areas shall be buffered and screened in accordance with the buffering requirements of this section.

c.

All principal and accessory buildings shall be located at a minimum of 30 feet from all property lines.

d.

No open storage is allowed.

(12)

Planned Unit Developments (PUD) subject to other requirements of this chapter and provided the following conditions are met:

a.

All Planned Unit Developments (PUD) shall adhere to the development requirements outlined in this section.

(13)

Public Utility Facilities subject to other requirements of this chapter and provided the following conditions are met:

a.

No open storage is allowed.

b.

The boundaries of the entire site shall be buffered in accordance with this section.

c.

Lighting shall be prohibited except for minimum lighting that may be required for security purposes.

(14)

Private parks and playgrounds subject to other requirements of this chapter and provided that the following conditions are met:

a.

Lighting shall be prohibited except for minimum lighting that may be required for security purposes.

(15)

Public and or private schools subject to other requirements of this chapter and provided the following conditions are met:

a.

All such uses shall be located on a lot that is at a minimum one acre in area.

b.

All proposed uses and required parking areas shall be buffered and screened in accordance with the buffering requirements of this section.

c.

All principal and accessory buildings shall be located at a minimum of 30 feet from all property lines.

(16)

Religious complexes, subject to other requirements of this chapter and provided the following conditions are met:

a.

All structures within the religious complex shall be separated by a minimum of 20 feet.

b.

No structure shall be located closer than 25 feet to a common property line, nor closer than 30 feet to an abutting street or highway right-of-way.

c.

All parking areas shall be buffered from abutting residential districts or uses in accordance with this section.

(17)

Sexually oriented businesses, only those businesses.

a.

Sexually oriented businesses shall not be located in a building or on a premises where alcohol or alcoholic beverages are sold or in a building or on a premises that allows alcohol or alcoholic beverages to be consumed.

b.

No sexually oriented businesses shall be permitted in any building which is:

1.

Locate within 500 feet in any direction from a residential zoning district.

2.

Locate within 500 feet in any direction from a building in which a sexually oriented business is located.

3.

Locate within 1,000 feet in any direction from a building in which a church is located.

4.

Locate within 1,000 feet in any direction from a building in which a library, school, or a state licensed child day care center is located.

5.

Locate within 1,000 feet in any direction from any lot or parcel on which a public playground, public swimming pool, public estuarine access, or public park is located.

c.

Measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest portion of a building or structure of a use listed above.

d.

Signs are allowed, as permitted by the ordinance, but may not include promotional displays, flashing lights, or photographs, silhouettes, drawings, or pictorial representations of any manner depicting sexual activity, themes or nudity.

e.

That the applicant(s) obtain a license in accordance with the Town of Wilson's Mills Code of Ordinances.

(18)

Sign sales and manufacturing center subject to other requirements of this chapter and provided the following conditions are met:

a.

No outside storage of materials shall be allowed.

(19)

Business residences subject to other requirements of this chapter and provided that the following conditions are met:

a.

The residential portion of the business residence shall not exceed 75 percent of the gross floor area of the business operation;

b.

The residence must be occupied by the operator of the commercial operation;

c.

The residence and the business shall be attached either by a common wall or a breeze way or located in one central building;

d.

Parking for the residence must be separate from the business use;

e.

The structure shall adhere to all applicable development regulations associated with commercial development within this district; and

f.

Accessory buildings shall be allowed in accordance with all applicable setback regulations associated with this zoning district.

(d)

Dimensional requirements. Unless otherwise specified, the following dimensional requirements shall apply:

(1)

A minimum lot area of 15,000 square feet shall be required if public water or sewer is available, 20,000 square feet shall be required if no public water or sewer is available. If both services are available then a minimum lot area of 10,000 square feet shall be required.

(2)

Minimum lot width shall be 80 feet.

(3)

Minimum depth of the front yard shall be 40 feet.

(4)

Minimum depth of the side yard shall be ten feet. In case of a corner lot, to ensure adequate sight clearance, the minimum width of the side yard adjacent to the right-of-way shall be no less than 15 feet.

(5)

Minimum depth of the rear yard shall be 20 feet.

(6)

Maximum height of structures shall be 35 feet.

(7)

If a B-1 district adjoins a residential district, the minimum setback or yard requirement for the lot line located adjacent to the residential district shall equal the minimum setback or yard requirement plus one-half. (Example: Minimum side yard in a B-1 district adjoining a residential district would equal 15 feet.)

(8)

Maximum square footage:

a.

Any single commercial building construction, excluding schools, churches or government buildings, shall not exceed 25,000 square feet of total structural building area, whether on one floor or multiple floors, including all attached portions, on any single parcel of land.

b.

Connected commercial buildings on a single parcel of land shall be limited to a maximum total square footage of 25,000.

(9)

A Traffic Impact Analysis (TIA) shall be required for commercial type developments proposed within Town of Wilson's Mills with an estimated trip generation of 3,000 vehicles per day or greater during an average weekday based on a five day national average as defined in the Institute of Transportation Engineers (ITE) Trip Generation Manual.

(e)

Signs. Signs are permitted in this district in accordance with the provisions of this section.

(f)

Off-street parking. Development of any use in this district must conform to the parking and loading standards within this section.

(g)

Screening/buffering. Screening and buffering shall be required in accordance with the provisions of this section.

(Ord. of 7-10-2006(2), § 302.7; Ord. of 11-18-2013(1))

(a)

The B-2 Planned Business District has been established to create a district exclusively for retail shopping center complexes.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Community shopping center. The following uses enclosed within a building, including office, institutional, recreation, retail, service and wholesale are permitted by right: (Manufacturing and/or repair shall be allowed if related to the principal uses below, but any such use involving manufacturing or repair shall be a maximum of 5,000 square feet in floor area.)

(2)

Automobile sales and rental, auto sales display space shall be in an enclosed building.

(3)

Bakery and delicatessen.

(4)

Business and vocational school.

(5)

Clinic and medical laboratory.

(6)

Financial institution.

(7)

Greenhouse and plant nursery.

(8)

Home center. A retail outlet carrying products for home improvements, remodeling maintenance, decorating, home care, recreational leisure and related needs, including hardware, appliances, lumber and other building materials, but only in such amounts as will meet the need for self-pickup individuals, do-it- yourself customers, and not amounting to a lumber yard or building material storage yard from which deliveries are made to commercial customers. All materials and products must be enclosed and roofed on all sides. If a building is used in connection with such center, the building may serve as a buffer on one or more sides. The home care center shall be fenced on all sides not abutting a building to a height of six feet. Such construction shall be done in a manner so that there is no visible display of the materials and other matter stored within such center from the outside of such center. A buffer zone of at least two and one-half feet from all property lines to all buildings, parking areas and drives shall be maintained.

(9)

Indoor recreational facility.

(10)

Newspaper printing and publishing, job and commercial printing.

(11)

Office, including business, financial, governmental, medical and professional.

(12)

Personal service establishment, including barber and beauty shop, shoe repair shop, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shop with processing on the premises.

(13)

Production and repair facility for eyeglasses, hearing aids, and prosthetic devices.

(14)

Restaurant and drinking establishment.

(15)

General retail establishment(s), including the incidental manufacturing, repair or service of goods on the premises, retail sales, display rooms, and wholesale and distribution operations in connection with a retail establishment.

(16)

Theater.

(c)

Exterior storage and sales areas ancillary to the uses above shall be allowed if screened from exterior public rights-of-way on the rear and side property lines, and from adjacent residential areas.

(d)

The uses permitted herein for incidental manufacturing and/or repair or service are permitted only where no obnoxious odors, aromas, fumes, or loud noises, or other side effects created which would be detrimental to the health, safety and welfare of the surrounding businesses.

(e)

Conditional uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the board of commissioners.

(1)

Public utility facilities subject to other requirements of this chapter and provided the following conditions are met:

a.

No open storage is allowed.

b.

The boundaries of the entire site shall be buffered in accordance with this ordinance.

c.

Lighting shall be prohibited except for minimum lighting that may be required for security purposes.

(2)

Private parks and playgrounds subject to other requirements of this chapter and provided that the following conditions are met:

a.

Lighting shall be prohibited except for minimum lighting that may be required for security purposes.

(3)

Local municipal offices and facilities, including fire and police stations, subject to other requirements of this chapter and provided the following conditions are met:

a.

All such uses shall be located on a lot that is at a minimum one acre in area.

b.

All proposed uses and required parking areas shall be buffered and screened in accordance with the buffering requirements of this ordinance.

c.

All principal and accessory buildings shall be located at a minimum of 30 feet from all property lines.

d.

No open storage is allowed.

(4)

Veterinary clinic, subject to other requirements of this chapter and provided the following conditions are met:

a.

All pens and kennels shall be in an enclosed, air conditioned building.

b.

No boarding of animals shall be allowed on-site.

c.

If a veterinary clinic operates in conjunction with a kennel, the operation shall be located on a lot that is at a minimum one acre in area.

d.

All principal and accessory buildings shall be located at a minimum of 30 feet from all property lines.

e.

No unenclosed runs shall be allowed at a veterinary clinic.

(5)

Kennel(s) subject to other requirements of this chapter and provided the following conditions are met:

a.

All pens and kennels shall be in an enclosed, air-conditioned building.

b.

All unenclosed runs shall be set back not less than 50 feet from any existing residential use or district.

(f)

General provisions. All permitted and conditional uses within the B-2 Planned Business District unless otherwise specified shall comply with the provisions below:

(1)

A 12-foot wide paved access, which can be used as a fire lane, shall be provided along each of the four sides of buildings greater than 10,000 square feet. Off-street loading and unloading areas shall be provided in accordance with this chapter and shall be marked so as to be distinguished from driveways and parking areas. Required loading areas shall be designed so as not to block the fire lane.

(2)

Screened dumpsters shall be provided.

(3)

Handicapped ramps shall be provided adjacent to handicapped parking spaces.

(4)

A sidewalk or boardwalk constructed to provide a grade separation from vehicular traffic of at least six inches shall connect all commercial establishments within each building. Separate buildings shall be connected with pedestrian passageways that are striped when crossing traffic lanes.

(5)

A minimum walkway, pedestrian pavement in front of a retail store or group of stores greater than 10,000 square feet, shall be six feet wide.

(6)

A minimum of 400 feet of frontage along a street shall be required before two access ways are permitted to the same street. A minimum of 600 feet of frontage shall be required before three access ways are permitted. No shopping center shall have more than three access ways to one street. The access ways shall comply with the following standards:

a.

Access ways shall not be less than 30 feet or more than 40 feet in width at their intersection with the property line;

b.

The principal access ways shall have an exit lane for left turns where permitted and an exit lane for right turns and one entrance lane. The lanes shall be appropriately marked as to exit and entrance;

c.

At its intersection with the property line, an access way shall not be less than 100 feet from another access way or 50 feet from a corner of the property. Notwithstanding, at least one access way will be allowed for each shopping area.

(7)

Each shopping center with its buildings, parking lots and driveways shall be physically separated from each adjoining street by a curb or other suitable barrier to prevent un-channeled vehicular ingress or egress.

(8)

If the shopping center is to be constructed in progressive stages, no occupancy permit will be granted for any one stage until all site improvements and conditions assigned to the stage being constructed are completed.

(9)

A buffer shall be maintained along property lines abutting any neighboring lots not a part of the shopping center in accordance with buffer yard regulations.

(10)

Public restrooms shall be provided in a convenient and easily identifiable location at the developer's expense.

(11)

There shall be a minimum 20-foot separation between detached buildings.

a.

Freestanding buildings. Separation between buildings or groups of buildings shall be a minimum of 20 feet where buildings are side by side and have no natural lighting requirements in the space adjacent to the separation between buildings. Where buildings face one another, the minimum distance between the face of buildings, not inclusive of any canopy or overhangs, shall be 35 feet, a minimum of a 20-foot space must be left as access areas for fire trucks with a head clearance of at least 16 feet.

b.

Connected buildings. In order to provide fire protection for buildings which house a group of stores within one or more connected buildings, there shall be areas for fire protection so as to serve both the front and rear of such connecting buildings.

(12)

A pre-application conference shall be held between the planning and zoning administrator and the applicant.

(13)

Predominate exterior building materials on a façade visible from a public street shall be of high quality, including brick, wood, or textured masonry units. The applicant shall provide the town with a visual rendition of the proposed development showing the building façade, parking areas, and all applicable landscaping for the development.

(14)

No portion of any building shall be farther than 500 feet or closer than 40 feet to a fire hydrant.

(15)

A Traffic Impact Analysis (TIA) shall be required for commercial type developments proposed within Town of Wilson's Mills with an estimated trip generation of 3,000 vehicles per day or greater during an average weekday based on a five day national average as defined in the Institute of Transportation Engineers (ITE) Trip Generation Manual.

(g)

Dimensional requirements. Unless otherwise specified, the following dimensional requirements shall apply:

(1)

A minimum lot area of 30,000 square feet shall be required.

(2)

Minimum lot width shall be 100 feet.

(3)

Minimum depth of the front yard shall be 40 feet.

(4)

Minimum depth of the side yard shall be ten feet. In case of a corner lot, to ensure adequate sight clearance, the minimum width of the side yard adjacent to the right-of-way shall be no less than 15 feet.

(5)

Minimum depth of the rear yard shall be 25 feet.

(6)

Maximum height of structures shall be 35 feet.

(7)

If a B-2 district adjoins a residential district, the minimum setback or yard requirement for the lot line located adjacent to the residential district shall equal the minimum setback or yard requirement plus one-half. (Example: Minimum side yard in a B-2 district adjoining a residential district would equal 15 feet.)

(8)

Maximum square footage:

a.

Any single commercial building construction, excluding schools, churches or government buildings, shall not exceed 50,000 square feet of total structural building area, whether on one floor or multiple floors, including all attached portions, on any single parcel of land.

b.

Connected commercial buildings on a single parcel of land shall be limited to a maximum total square footage of 100,000.

(h)

Signs. Signs are permitted in this district in accordance with the provisions of this article.

(i)

Off-street parking. Development of any use in this district must conform to the parking and loading standards in accordance with the provisions of this article.

(j)

Screening/buffering. Screening and buffering shall be required in accordance with the provisions of this article.

(Ord. No. 11-18-2013(1))

(a)

The Community Business District (CBD) is intended to provide the services and commercial development needed to serve primarily the adjoining neighborhoods. This district is intended to promote the development of small pedestrian-oriented establishments whose character and use is compatible with nearly residential neighborhoods.

(b)

Dimensional requirements.

(Ord. of 7-10-2006(2), § 302.8)

(a)

The Industrial and Warehousing District (I/W) are intended to provide public and private uses of wholesale, distribution, warehousing, fabrication, processing, and industrial production nature which can be conducted without producing harmful effects on the citizens of the town.

(b)

Dimensional requirements.

(Ord. of 7-10-2006(2), § 302.9)

The purpose of these districts is identical to that of the corresponding general use district as indicated in this article, except that a conditional use permit is required as a prerequisite to any use or development. It is recognized that certain types of zoning districts would be inappropriate at particular locations in the absence of special conditions. The intent of the conditional use district is to promote greater land use compatibility by allowing landowners to voluntarily place their property into classifications in which a special use permit is required as a prerequisite to any use or development.

(Ord. of 7-10-2006(2), § 304.1)

(a)

The Conditional Use District classification will be considered only in response to a petition by the owners of all of the property to be included. As a voluntary procedure, the Conditional Use District amendment process is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative or speculative proposals that will not be undertaken for some time.

(b)

If, for any reason, any condition imposed pursuant to these regulations is found to be illegal or invalid, or if the applicant should fail to accept any condition, it is the intent of this chapter that the authorization of such Conditional Use District permit shall be null and void and of no effect and that proceedings be instituted to rezone the property to its previous zoning classification.

(c)

Within a Conditional Use District, the town council shall authorize the specific uses that shall be permitted within that district. The town council shall only authorize those uses specifically listed, either as a permitted use or special use, as being permitted in the corresponding general use district. All uses authorized within the CUD shall be subject to the special use permitting provisions of this chapter.

(Ord. of 7-10-2006(2), § 304.2)

All other requirements of the corresponding district and other requirements of this chapter shall be met. In addition, within a conditional use district, the special use permit may further specify conditions based on the issues raised concerning proposed uses, the development standards applicable to individual uses specified in article III of this chapter and any other reasonable and appropriate conditions.

(Ord. of 7-10-2006(2), § 304.5)

(a)

The Downtown Overlay District (DOD) is hereby established to encourage the development of a mixed use, pedestrian-oriented downtown business district, with retail, financial, service, office, governmental, cultural and entertainment uses, along with residential options. Within this district, the applicant may use property in accordance with the table of permissible uses for the Downtown Overlay District.

(b)

Minimum standards and criteria hereby established for the downtown overly district (DOD) shall comply with the minimum set forth in the underlying zoning district.

(Ord. of 7-10-2006(2), § 306.1)

(a)

Authority. The state general assembly has, in G.S. 143-214.5, 160A-371 and 160A-381, delegated the responsibility and authority to local governmental units to establish water supply watershed protection programs, to regulate land use and development within water supply watersheds and to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

(b)

Purpose. The Water Supply Watershed Protection-Critical Area Overlay District is to provide in designated watershed areas a higher level of control from activities and situations that could degrade the quality of the water entering the Neuse River, as identified in the watershed protection management plan.

(c)

Applicability. The provisions of this chapter shall apply within the area designated as a Water Supply Protection Watershed District as defined and established on the official zoning map of the town. Land use and development within this district must comply with all the requirements of article III of this chapter and the underlying zoning district.

(d)

Exceptions to applicability. These watershed protection requirements shall not apply to development established prior to January 3, 1994. Furthermore, these requirements shall not apply to a single-family detached dwelling unit or an accessory dwelling unit already developed on a lot.

(Ord. of 7-10-2006(2), § 306.2)

Lands within the special flood hazard areas as indicated as the Flood Protection Overlay District on the official zoning map shall be subject to the flood damage prevention regulations of the town set forth in chapter 16.

(Ord. of 7-10-2006(2), § 306.3)

(a)

The General Business Highway Corridor Overlay District (GB-HCO) is hereby established to encourage the development of general business along and near the Highway 70 corridor.

(b)

Minimum standards and criteria hereby established for the Highway Corridor Overlay District (GB-HCO) shall comply with the minimum set forth in the underlying zoning district.

(Ord. of 7-10-2006(2), § 306.4; Ord. of 9-17-2012, § 306.4)

The regulations set forth in this chapter shall affect all land, every structure, and every use of land and/or structure and shall apply as follows:

(1)

No structure or land shall hereafter be used or occupied and no structure or part thereof shall be erected, moved or structurally altered except in compliance with the regulations of this chapter for the district in which it is located.

(2)

No structure shall be erected or altered so as to exceed the height limit or density regulations of this chapter for the district in which it is located.

(3)

Yards or lots created or altered after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum dimensional requirements established by this chapter.

(4)

No lot shall be reduced in size so as to produce an additional lot which is not in conformity with these regulations, unless said lot is combined with other land to produce a conforming lot or unless said lot is needed and accepted for public use.

(5)

The minimum yards, or other open spaces required by this chapter, for each and every building, hereafter erected, moved or structurally altered shall not be encroached upon or considered as meeting the yard or open space requirements of any other building.

(6)

In any district, no more than one principal building or use may be erected on a single lot of record, except as specifically permitted in other sections of this chapter.

(Ord. of 7-10-2006(2), § 312.1)

At street and driveway intersections, nothing shall be erected, placed, planted or allowed to grow which obstructs vision of motorists. A clear site triangle shall be formed by the right-of-way lines of the intersecting streets and a line joining points on such right-of-way line at a distance of 25 feet from the intersection between a height of two feet and a height of ten feet above the average centerline grade of each street. Within that triangle, nothing shall be placed between the heights of 2.5 feet and ten feet that will impede the vision of motorists at intersections.

(Ord. of 7-10-2006(2), § 312.2)

Every principal building, structure or use shall abut at least 50 feet on a public street dedicated to and maintained by the town or NCDOT, except as follows:

(1)

A private street constructed to the standards of the town or the NCDOT, with a written agreement concerning maintenance of the street may be approved as part of a planned unit development.

(2)

Multifamily, townhouse and commercial complex developments shall have right of access though common areas or drives at least 24 feet in width leading to a publicly maintained street.

(Ord. of 7-10-2006(2), § 312.3)

A corner lot is a lot which occupies an interior angle of more than 45 degrees and less than 135 degrees at the intersection of two street lines. The owner shall be required to specify which way the building will face when requesting a building permit and the side toward which the building will face will be deemed the front of the lot. Side yard requirements for the street side on corner lots in residential districts shall be the normal side yard requirement for the district in which the lot is located plus ten feet.

(Ord. of 7-10-2006(2), § 312.4)

Lot width on lots which front on the turnaround circle of a cul-de-sac may be measured at the lot line formed by connecting the midpoint of the side lot line of the shorter side with a point on the longer side lot line which is the same distance from the front lot line as the midpoint of the shorter side, or if both side lot lines are the same length, at the line connecting the midpoints of the side lot lines. All yard requirements must be met on such lots. If a lot has more than two sides, the side lot lines to be used are the two which connect with the front lot line.

(Ord. of 7-10-2006(2), § 312.5)

The setback requirements of this chapter shall not prohibit any necessary retaining wall or prohibit any planted buffer strip, fence or wall. However, no fence or wall shall exceed a height of four feet in any front or six feet in any side yard unless specified elsewhere.

(Ord. of 7-10-2006(2), § 312.6)

If either a use or class of use is not specifically indicated as being permitted in a district, either as a matter of right or as a conditional or special use, then such use or class of use shall be prohibited in such district.

(Ord. of 7-10-2006(2), § 312.7)

(a)

Height. The district height limitations stipulated elsewhere in this chapter may be modified in accordance with the following:

(1)

The height of architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, shall not exceed their distance from the nearest lot line.

(2)

The height of special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smokestacks, shall exceed their distance from the nearest lot line.

(3)

The height of essential services, utilities, water towers, electric power and communication transmission lines, if located on a lot, shall not exceed their distances from the nearest lot line.

(4)

The height of communication structures, such as radio and television transmission and relay towers, aerials and observation towers shall not exceed their distance from the lot line.

(5)

The height of agricultural structures, such as barns, silos, tanks and windmills, shall not exceed their distance from the nearest lot line.

(6)

Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices, and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot or fraction thereof for each foot or fraction of a foot the structure exceeds the heights established in the district regulations.

(b)

Yards. The yard requirements in this chapter may be modified in the following cases:

(1)

The minimum front yard requirements of this chapter for dwellings shall not apply on any lot where the average front yard for dwellings located wholly or part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required front yard. In such cases, the front yard on such lot may be reduced to not less than the average of the front yards of the aforementioned existing buildings.

(2)

Uncovered stairs, landings, terraces, porches, balconies and fire escapes may project no more than six feet into any yard. However, such projection shall not be closer than three feet to any lot line.

(3)

Architectural projections, such as chimneys, flues, sills, eaves, beltcourses and ornaments, may project no more than three feet into any required yard.

(4)

Open, unenclosed carports may extend to within five feet of a side property line.

(Ord. of 7-10-2006(2), § 312.8)

For each district, uses are indicated in the following ways:

(1)

Uses permitted by right are indicated by a "P."

(2)

Uses requiring a special use permit are indicated by an "S."

(3)

Uses prohibited in a particular district are indicated by a blank.

(4)

The notation under specific standards for individual uses indicates where specific development standards for that use can be found in this chapter. These standards must be met before a certificate of occupancy is signed.

(Ord. of 7-10-2006(2), § 314.1)

(a)

In addition to the Residential-Agricultural District (RA-40), telecommunication towers are permitted in Industrial/Warehouse District (I/W) and General Business District-Highway Corridor Overly District (GB-HCO).

(b)

Uses requiring a special use permit are indicated by an "S."

Note (1) General business: any retail, wholesale or service establishment which is enclosed in a building and does not emit smoke, odor, dust, fumes, glare, noise or vibration from the building in which it is located, and does not involve bulk storage of volatile materials or other fire hazards.

Note (2) General business with outdoor sales, service or storage areas: retail or wholesale businesses or service establishments or public uses or utilities other than those specifically listed which have outdoor sales, service or storage areas.

(Ord. of 7-10-2006(2), § 314.2; Ord. of 6-9-2008(1), art. III; Ord. of 7-13-2009, art. III; Ord. of 8-20-2012(2), art. III; Ord. of 2-18-2013(1); Ord. of 2-18-2013(2))