Base zoning districts are created to provide comprehensive land use regulations throughout Yadkinville. There are 10 base zoning districts that provide for a variety of uses that are appropriate to the character of the areas in which they are located. For the purpose of this Ordinance, Yadkinville's jurisdiction is hereby divided into the following base zoning districts. These districts shall comply with all of the general and specific requirements of this Ordinance.

3.1.1 Residential Rural District (RR). The Residential Rural District is established as a low-density district in which the principal use of land is for agricultural activities and for single-family residences. Dimensional requirements in this district are designed to insure that a residential development not having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at a sufficiently low density to provide for a healthful environment.

3.1.2 Residential Medium Density (RM). The Residential Medium Density District is established for medium density neighborhoods in which the principal use of land is for single-family residences. The regulations of this district are intended to provide areas of the community for a variety of residences. Developments within this district will have both public water and sewerage available.

3.1.3 Residential High Density (RH). The Residential High Density District is established as a high-density district in which the principal use of land is for single family, two-family, townhomes, and multi-family residences. The regulations of this district are intended to provide areas of the community for those persons desiring small residences and multi-family structures in relatively high-density, walkable neighborhoods. Structures within this district will have both public water and sewerage available.

3.1.4 Residential Manufactured Housing (RMH). The Residential Manufactured Housing District is established for dwelling units, either conventional types or manufactured homes, in areas that already contain significant manufactured housing development, that need new housing stimulation, and/or have a predominance of old/deteriorating residential units.

3.1.5 Office and Institutional (OI). The Office and Institutional district is intended to accommodate professional offices, institutional uses, schools, government buildings, and related uses. This district is also intended for the conversion of existing residential structures located on thoroughfares into office or institutional uses, where such are appropriate, and a as buffer between business and residential uses.

3.1.6 Central Business (CB). The Central Business District is the central shopping area of the Town. It is established for those uses that normally require a central location and which provide merchandise and services to be used by the entire Town and its environs. It is intended that this district shall develop and be maintained as a tightly knit core of commercial activity.

3.1.7 Neighborhood Business (NB). The Neighborhood Business District is intended for the use of those businesses that are properly and necessarily located near residential areas and which cater to the everyday needs of a limited residential area. This district may also accommodate mixed use developments. Properties within this zoning designation should be located on a major thoroughfare, minor thoroughfare, or collector street.

3.1.8 Highway Business (HB). The Highway Business District is intended for higher intensity, primarily commercial, uses that are located adjacent to major highways and provide goods and services for the traveling public.

3.1.9 Light Industrial (LI). The Light Industrial District is established for manufacturing, assembly, distribution, and warehousing operations which can be operated in a relatively clean and quiet manner, which will not be noxious to adjacent uses.

3.1.10 Heavy Industrial (HI). The Heavy Industrial District is established to accommodate industries that primarily involve the production of goods from raw materials. However, it is expected that industries will minimize emission of smoke, dust, fumes, glare, noise, and vibrations.

3.2.1 Purpose and applicability. The purpose of Conditional Zoning (CZ) Districts is to provide a voluntary alternative procedure for the rezoning of a property for a specific use. A broad range of uses are permitted in the base district. However, there are instances where a base zoning district designation is clearly inappropriate for a property, but a specific use or uses permitted under this district and subject to development requirements would be consistent with the spirit and intent of this Ordinance. Conditional Zoning (CZ) Districts, herein established, are intended to accommodate such situations and allow specific uses to be established in accordance with prescribed conditions pertaining to an individual project. This voluntary procedure is intended for firm development proposals, and is neither intended nor suited for securing early zoning for tentative uses which may not be undertaken for a long period of time.

3.2.2 Conditional zoning districts established. Conditional Zoning (CZ) Districts are established as equivalent to the base districts. Conditional Zoning (CZ) districts are created to correspond to each of the base zoning districts created in Section 3.1. Just as there are 10 base zoning districts, there are 10 corresponding Conditional Zoning Districts.

3.2.3 General provisions.

A.

Property may be placed in a Conditional Zoning district only in response to a petition by the owners of all the property to be included.

B.

Specific conditions applicable to these districts may be proposed by the petitioner or the Town or its agencies, but only those conditions mutually approved by the Town and the petitioner may be incorporated into the requirements of the district. Conditions and site-specific standards imposed in a Conditional Zoning District shall be limited to those that address the conformance of the development and use of the site to the Town's ordinances and to any officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.

C.

CZ Districts allow specific standards for a particular use after review and comment from the public. A petition to rezone a property to a Conditional Zoning District shall be accompanied by a site specific plan.

D.

Within a CZ district, only those uses authorized as either permitted or conditional uses in the base zoning district with which the CZ district corresponds shall be permitted, and all other requirements of the corresponding district shall be met as minimum standards.

E.

In approving a CZ district, the Town Board of Commissioners may impose such additional reasonable and appropriate safeguards upon such permit as it may deem necessary in order that the purpose and intent of this Ordinance are served, public welfare secured and substantial justice done.

F.

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 Ordinance that the authorization of such CZ district shall be null and void and of no effect, and that proceedings shall be instituted to rezone the property to its previous zoning classification.

G.

CZ districts shall be approved in accordance with the process outlined in Section 2.2.10.

In order that the purposes of the Development Ordinance may be accomplished, there are hereby established within the Town's corporate limits the following planned development and tiny house development floating zoning districts. Floating zoning districts are established by application only, for which a master plan, statement of intent and delineated development standards are required. Floating zoning districts are a use-based regulatory revision, and the master plan, together with everything shown on it and all amendments, development standards, and the approved statement of intent shall become the regulations for the site.

3.3.1 Planned Development (PD) Districts.

3.3.1.1 General Purpose and Intent. Planned Development (PD) Districts are established to allow development under unified control to occur utilizing more flexible standards and procedures than would otherwise result from a strict application of general district and development standards. A Planned Unit Development is intended to encourage innovative land planning and site design concepts that will produce a high quality, unified project that will provide common area benefits and will not negatively impact adjacent land. More specifically, the purpose and intent of the PD district is to:

•

 ;hg;Promote quality design and reduce or dimmish the inflexibility of design that sometimes results from strict application of zoning and development standards designed primarily for individual lots;

•

 ;hg;Provide options in selecting the means of providing common passive and active open space and/or recreational area(s) such as a picnic area, community garden, walking trail, tennis court, etc., and hardscape design amenities;

•

 ;hg;Allow greater options in providing a mix of housing types, lot sizes, and densities (in residential PD districts); and a well-integrated mix of residential and non-residential uses in the same development (in mixed use PD districts);

•

 ;hg;Provide for the efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs;

•

 ;hg;Promote environmentally sensitive development that respects surrounding established land use character and respects and takes advantage of a site's natural and man-made features, such as trees, wetlands, slopes in excess of 25 percent, special flood hazard areas, etc.

3.3.1.2 Specific Purpose and Intent of Planned Development- Residential (PD-R) and Planned Development-Mixed (PD-M) Use Districts

A.

The PD-R District is established to facilitate development of areas designated for residential use by permitting greater flexibility and, consequently, more creative and imaginative designs for development of such residential areas than generally is possible under conventional zoning or subdivision regulations. These regulations are further intended to promote more efficient flexible use of the land while providing a harmonious variety of housing choices and densities, an appropriate level of amenities, an optional compatible religious institutional use, and common area for open spaces, recreation and other activities typically related to residential uses.

B.

The PD-M District is established to provide a flexible means of accommodating higher density mixed-use development with a more urban character in areas designated for higher intensity development. The district encourages a well-balanced mix of higher intensity residential and lower intensity nonresidential uses such as office, service uses, and neighborhood business configured in a manner that supports pedestrian orientation. It promotes attractive streetscapes and high-quality design. These types of projects may be developed as approved subdivisions, as group development projects, or in combinations of subdivisions and group developments.

3.3.1.3 General Provisions.

A.

Classification of Planned Development Districts. Land shall be classified as a planned development flexible zoning district in accordance with the procedures and requirements set forth in Article 2 Administration, Procedures and Enforcement Section 2.2.11, and this Section 3.3.1.

B.

Organization of Planned Development District Regulations. Section 3.3.1.4 sets out standards applicable to all planned development districts with Subsections A and B setting out the requirements for the Master Plan and Statement of Intent and Development Standards document applicable to a PD district. Development standards for a PD district are provided in Subsection C. Between the general standards in Section 3.3.1.4 and the standards in a planned development district, the more restrictive requirements shall control.

3.3.1.4 Standards Applied to Planned Development Districts. Before approving a planned development district, the Board of Commissioners shall determine that the application, as well as the master plan map, the statement of intent and development standards document, and the signage plan comply with the following standards, unless expressly stated otherwise:

A.

Planned Development Master Plan Map. A master plan map shall be included with the application and shall be a part of the planned development district application and approval. It shall:

1.

Identify the general location and acreage of individual development areas by land use(s) and/or development density or intensity;

2.

Identify the general sequence or phases in which development of the district is proposed to occur;

3.

Provide information about lower density residential development standards, multifamily and townhome development standards; and any nonresidential development standards;

4.

Identify the general location of the on-site transportation network, driveways and/or street intersections, parking, loading areas is applicable, and how they will connect with existing and planned (if any) transportation network(s);

5.

Identify landscaping buffers, building landscaping, other screening such as fencing, screening for on-site dumpsters, and provide information about minimum planting standards;

6.

Identify the general location, amount, and type (active or passive) of open space or common area;

7.

Identify the general location of on-site pedestrian facilities (sidewalks, trails, greenways, etc.)

8.

Identify the general location of on-site potable water, sanitary sewer, and stormwater management facilities and how they will connect to Town systems;

9.

Provide information about fire protection standards including the location of hydrants, the size of water mains, proposed fire systems, the fire flow information required by the Yadkin County Fire Marshal, and any other relevant information requested by the Fire Marshal or by the Town Planning Director.

10.

Identify the general location of solid waste management, and any other on-site private or public solid waste facilities serving the development;

11.

Identify and provide information about development signage;

12.

Provide information about the location of exterior lighting and lighting standards;

13.

Provide information about topography, grading and stormwater runoff.

14.

Provide information about any environmental features such as steep slopes, streams, FEMA flood zones, and any required stormwater devices, etc.;

B.

Planned Development Statement of Intent and Development Standards Document. The statement of intent and development standards document shall incorporate by reference or include, but not be limited to:

1.

A written statement of intent for the development, including a description of planning objectives and overall vision for the development at build-out;

2.

A listing of all permitted and accessory uses;

3.

Residential and non-residential dimensional standards which includes at a minimum, lot area, lot width, setbacks, building height, and setbacks from adjoining development or zoning districts;

4.

Identify the proposed parking standards for all permitted and accessory uses, and loading areas if applicable;

5.

For the entire planned development district and each development area and/or phase, the acreage, types, and mix of land uses (including common area or open space), number of residential units (by use type), non-residential acreage (by use type), residential development density, and non-residential intensity standards.

6.

Identification of all areas where a modification from the otherwise required development standards is proposed, description of the proposed modification, and explanation of why it is needed;

7.

Specific development standards related to the planned development district's approval, including any standards and conditions offered related to the form and design of the development shown on the master plan map;

8.

Provisions addressing how transportation, potable water, sanitary sewer, stormwater management and other infrastructure will be provided to accommodate the proposed development;

9.

Provisions related to environmental protection and monitoring, as applicable;

10.

A phasing narrative, including how residential and non-residential development will be timed, how infrastructure, transportation improvements, and common area or open space will be timed, and how the development will be coordinated with any planned Town capital improvements;

11.

An overview of the Owners Association and its responsibilities, and

12.

Any other provisions the Board of Commissioners determines are relevant and necessary to the development of the planned development district in accordance with applicable standards and regulations.

C.

Development Standards Applied to All Planned Development (PD) Districts.

1.

Location Within Town Limits. PD Districts shall be located within the Town limits. This requirement shall not be modified.

2.

Public Street Access. The planned development district shall have internal access to public streets and shall provide ingress and egress from the subdivision to an existing NCDOT public street system complying with the current standards being required by the infrastructure regulations in Article 4. The development shall have at least 50 feet of frontage along the existing NCDOT public street system. These requirements shall not be modified.

3.

Development Size. A PD District shall be a minimum of five (5) acres and may be developed as one phase or have multiple phases or sections. This development size requirement shall be subject to modification of no more than 10 percent less as part of unless modified by the approved Statement of Intent and Standards document.

4.

Density and Dimensional Standards. Density and dimensional standards in a PD District shall comply with the requirements of Section 4.2 of the Development Ordinance, unless modified by the approved Statement of Intent and Standards document.

5.

Environmental and Open Space. All development within a PD District shall comply with the standards in Section 4.3.3, Environmental and Open Space Standards and Section 4.3.4, Open Space Standards, which shall not be modified as part of the approval of a PD District.

6.

Landscaping, Buffers, Fences and Walls. Landscaping, buffers, fences and walls within a PD District shall comply with the standards in Section 4.4. Landscaping and Screening Standards, and shall not be modified.

7.

Permitted Principal Uses. Every PD District shall establish permitted uses by use category and use types as appropriate from those listed in the Development Ordinance, Table 3.1 Permitted Uses Table.

a.

Unless exempted by the Board of Commissioners, a PD-R District shall include at least two (2) of the following principal use types from the following use classifications if the development is between five (5) acres and ten (10) acres; and at least three (3) of the following principal use types from the following use classifications if the development is greater than ten (10) acres:

i.

Single family residential;

ii.

Two-family residential;

iii.

Townhomes;

iv.

Multifamily residential; and

v.

One religious institution.

b.

Unless exempted by the Board of Commissioners, a PD-M District shall include at least two (2) of the following principal use types from the following use classifications if the development is between five (5) acres and ten (10) acres; and at least three (3) of the following principal use types from the following use classifications if the development is greater than ten (10) acres:

i.

Multifamily and/or townhome residential;

ii.

Institutional uses that are permitted in the OI District;

iii.

Office uses that are permitted in the OI District; and

iv.

Commercial uses that are permitted in the NB Districts.

c.

Proposed uses shall be consistent with the purpose of the particular type of PD district, and are subject to any additional requirements for the particular type of PD district.

d.

Uses are subject to all applicable use standards for the use type in Section 3.4 Special Requirements for Certain Uses, unless modified by the approved Statement of Intent and Standards document.

8.

Permitted Accessory Uses and Structures. Accessory Uses and Structures shall be permitted in accordance with the Development Ordinance, unless modified by the approved Statement of Intent and Standards document.

9.

Subdivision Standards. A PD District shall comply with, and not modify the subdivision standards in Section 2.2.4 of the Development Ordinance.

10.

Infrastructure Standards. A PD District shall comply with the infrastructure standards of Section 4.6 of the Development Ordinance, which shall not be modified as part of the approval of a PD District.

11.

Parking. Parking in a PD District shall meet the requirements of Section 4.4 of the Development Ordinance, unless modified by the approved Statement of Intent and Standards document.

12.

Signage. All development signage in a PD District shall meet the requirements of Article 6 Sign Standards of the Development Ordinance, unless modified by the approved Statement of Intent and Standards document.

13.

Building Design Standards. Buildings within a PD District shall comply with the building design standards of Article 5 of the Development Ordinance, unless modified by the approved Statement of Intent and Standards document.

14.

Homeowner's Association. A PD District shall have a homeowner's association that maintains control of all common elements and is responsible for the maintenance of such elements within the development. Common areas shall be indicated on the Master Plan, and on a preliminary and/or final subdivision plat. Association documents shall be reviewed by the Town prior to approval of the development and recorded with the development, and be in accordance with Section 4.3.4.7 of the Development Ordinance.

3.3.2 Tiny House Development (THD) District.

3.3.2.1 Purpose and Intent. The Tiny House Development District is proposed to establish standards to facilitate the voluntary development of a group of very small single-family detached dwellings built in close proximity to one another on individual minimally sized lots and including common open space. The regulations of this district are intended to provide areas of the community for those persons desiring tiny houses with habitable space on a foundation meeting the Special Requirements of Section 3.3.2.

3.3.2.2 General Provisions.

A.

Classification of Tiny House Development Districts. Land shall be classified as a tiny house development flexible zoning district in accordance with the procedures and requirements set forth in Article 2 Administration, Procedures and Enforcement Section 2.2.11, and this Section 3.3.2.

B.

Organization of Tiny House Development District Regulations. Section 3.3.2.3 sets out standards applicable to all tiny house development districts with Subsections A and B setting out the requirements for the Master Plan and Statement of Intent and Development Standards document applicable to a tiny house development district. Development standards for a tiny house development are provided in Subsection C. Between the general standards in Section 3.3.2.3 and the standards in a tiny house development, the more restrictive requirements shall control.

3.3.2.3 Standards Applied to All Tiny House Development Districts. Before approving a tiny house development district, the Board of Commissioners shall determine that the application, as well as the master plan map, the statement of intent and development standards document, and a common signage plan if included as part of the application, comply with the following standards, unless expressly stated otherwise:

A.

Tiny House Development Master Plan Map. A master plan map shall be included with the application and shall be a part of the tiny house development district application and approval. It shall:

1.

Identify the general location, configuration, and acreage of individual development area(s) by land use(s) and development density or intensity, and the general sequence or phases in which the development of the THD district is proposed to occur;

2.

Provide information in note form about the definition of a tiny house;

3.

Provide information about tiny house development standards;

4.

Identify landscaping buffers and other planting areas or screening devices such as fencing, screening for on-site dumpsters, and provide information about minimum planting standards;

5.

Identify the general location, amount, and type (active or passive) of open space or common area;

6.

Identify and provide information about development signage;

7.

Identify the general location of on-site pedestrian facilities (sidewalks, trails, greenways, etc.)

8.

Identify the general location of the on-site transportation network, driveways and/or street intersections, parking, and how they will connect with existing and planned (if any) transportation network(s);

9.

Provide information about the site's environmental features such as topography, grading, impervious surfaces and stormwater runoff and management facilities.

10.

Identify the location of on-site public potable water, public sanitary sewer, hydrants, and how they will connect to Town systems;

11.

Provide information about topography, grading and stormwater runoff;

12.

Provide information about any environmental features such as steep slopes, streams, FEMA flood zones, required stormwater devices, etc.;

13.

Provide information about the location of on-site solid waste container(s), and any other on-site private or public solid waste facilities serving the development;

14.

Provide information about the location of exterior lighting and lighting standards;

15.

Provide information about fire protection standards including the location of hydrants, the size of water mains, proposed fire systems, the fire flow information required by the Yadkin County Fire Marshal, and any other relevant information requested by the Fire Marshal or by the Town Planning Director.

B.

Tiny House Development Statement of Intent and Development Standards Document. The statement of intent and development standards document shall incorporate by reference or include, but not be limited to:

1.

A written statement of intent for the development, including a description of planning objectives and overall vision for the development at build-out;

2.

A listing of all permitted and accessory uses;

3.

Tiny house residential and accessory use dimensional standards which includes at a minimum, lot area, lot width, setbacks, building height, and setbacks from adjoining residential development or residential zoning districts;

4.

Identify the proposed parking standards for all permitted and accessory uses;

5.

For the entire tiny house development and each development area and/or phase, the acreage, types and mix of land uses (for example, tiny houses, common area or open space), number of tiny house residential units, and residential development density.

6.

Identification of all areas where a modification from the otherwise required development standards is proposed, description of the proposed modification, and explanation of why it is needed;

7.

Specific development standards related to the tiny house development district's approval, including any standards and conditions offered related to the form and design of the development shown on the master plan map;

8.

A phasing narrative, including how development will be timed, how infrastructure, transportation improvements and common area or open space will be provided and timed to accommodate the proposed development, and how the development will be coordinated with any planned Town capital improvements;

9.

Provisions related to environmental protection and monitoring, as applicable.

10.

An overview of the Homeowners Association and its responsibilities; and

11.

Any other provisions the Board of Commissioners determines are relevant and necessary to the development of the tiny house development in accordance with applicable standards and regulations.

C.

Development Standards Applied to All Tiny Houses Development (THD) Districts.

1.

Location Within Town Limits -THD Districts shall be located within the Town limits.

2.

Development Size. A tiny house development shall be a minimum of two (2) acres and shall be a maximum of five (5) acres and may be developed as one phase or have multiple phases or sections. This development size requirement is subject to modification of no more than 10 percent more, but not less, than the maximum as part of unless modified by the approved Statement of Intent and Standards document.

3.

Maximum Allowable Density. Tiny house dwelling units with a THD District may be concentrated or evenly distributed throughout the development, provided the maximum density of 5 units per acre for the development as a whole is not exceeded. This density restriction is subject to modification only if modified by the approved Statement of Intent and Standards document.

4.

Dimensional Standards. The minimum dimensional standards for an approved tiny house development district are as follows:

5.

Permitted Principal Use. Single family dwellings within a tiny house development shall be restricted to tiny houses as defined in Appendix A.6 DEFINITIONS, and as regulated by Section 3.3.2 of the Development Ordinance.

6.

Prohibited Uses. Tiny houses within an approved THD district may not be used as tourist homes for rent or otherwise provide overnight lodging facilities to the general public for compensation.

7.

Permitted Accessory Uses and Structures. The following incidental and subordinate accessory uses are permitted in a Tiny Home District:

•

 ;hg;Accessory structures in accordance with Section 3.4.2.2 of the Development Ordinance, except that no residential lot shall have more than one (1) accessory structure other than a deck and excluding swimming pools, which shall be restricted to no more than eighty (80) square feet, shall be located in the rear yard only. Decks shall also be in accordance with Section 3.4.2.2 of the Development Ordinance, may be located in the side and rear yards, but may not be located within required setback areas, and the deck flooring may not be located more than one (1) foot off the ground.

•

 ;hg;Home occupations as regulated by Section 3.4.2.7 of the Development Ordinance, are further restricted to home offices within the primary dwelling unit with no other persons other than those residing in the dwelling, and no signage.

•

 ;hg;A building for the purposes of common storage or recreation, and other common area functions and improvements for residents of the tiny home development is permitted in accordance with Section 3.3.2.3 C.9. below.

8.

Common Elements.

a.

A tiny house development shall include the following common elements, which are not subject to modification:

i.

A development perimeter landscape and screening yard as described below in this subsection that incorporates landscaping materials, fencing, existing vegetation or other features to buffer the tiny house development from adjacent development, which shall be installed in its entirety with the initial phase of multi-phase developments, as set forth below.

•

 ;hg;The tiny house development district shall be subject to the landscaping and screening requirements of Section 4.4 of the Development Ordinance and the more restrictive standards listed in this subsection.

•

 ;hg;Fences and walls shall comply with Section 4.4.9 and be the same as for residential districts.

•

 ;hg;Along any street or right-of-way, a setback of at least 50 feet from the edge of the street right-of-way shall be maintained and a Type 2 50-foot buffer shall be in place, in accordance with Section 4.4.3 Table 4.5.

•

 ;hg;Adjacent to all non-street or non-right-of-way property lines, a setback of at least 30 feet shall be maintained and a Type 1 50-foot buffer shall be in place, as well as a six-foot fence or wall screening in accordance with Sections 4.4.3, Table 4.4, 4.4.9.1, 4.4.9.2, 4.4.9.3., 4.4.9.10, 4.4.9.11, and 4.4.9.12.

•

 ;hg;Common landscaped buffer areas and utility easements, where both are required along roadways, shall be in a shared easement area. The landscaping buffers materials shall be adapted with regard to size and type so as to not conflict with the proposed utility.

•

 ;hg;The common landscaped buffer areas shall not be included within individual lot areas of residential use.

ii.

Environmental and open space land pursuant to the standards of Section 4.3 of the Development Ordinance, but may include all common elements listed in this Subsection 3.3.2.3 C.7, and shall not be modified as part of the approval of a Tiny House District.

iii.

Improved pedestrian walkways or sidewalks that access each dwelling which may be installed incrementally with multi-phase developments.

iv.

A shared parking area for guest parking, which shall be installed in its entirety with the initial phase of multi-phase developments.

v.

A community building with related common parking shall be provided to provide amenities such as laundry facilities, rentable storage areas, a community bulletin board, a group meeting room, a group events space with a kitchen, rest rooms, and shall not contain or be used as a dwelling unit. The common building shall be at least 1,500 square feet and shall be of sufficient square footage to serve the number of tiny houses approved for the development.

vi.

Solid waste collection for a tiny house development shall be provided by at least one (1) dumpster for every twelve (12) dwellings, and is subject to the Rounding of Fractions rules of Appendix 4 of the Development ordinance. The dumpsters shall be:

•

 ;hg;Located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way;

•

 ;hg;Shall be located in common area(s);

•

 ;hg;Screened in accordance with Section 4.4.7 of the Development Ordinance; and

•

 ;hg;Indicated on each Master Plan and following plan(s) for development approval.

vii.

All development signage in a Tiny House District shall meet the requirements of Article 6 Sign Standards, except as otherwise provided by this subsection, and unless modified by the approved Statement of Intent and Standards document.

•

 ;hg;Permanent signage standards for a Tiny House District, such as development entrance signage, and common area signage shall be no less strictive than those in Section 6.4 of the Development, for residential districts;

•

 ;hg;Directional signs pointing the way to specific named sections of a tiny house development may be permitted along interior streets, provided: 1) signs shall be not more than 12 square feet in area and 6 feet in height; 2) the number of signs and their location shall be shown and approved with the master plan; and 3) sign illumination shall be by indirect methods only and shall be concealed from view and oriented away from adjacent properties and roadways.

•

 ;hg;Exterior lighting for a tiny house development shall comply with the standards in Section 4.6.5 of the Development Ordinance.

b.

A tiny house development may also include the following common elements:

i.

A dog park;

ii.

picnic area;

iii.

A community garden area; or

iv.

Other common amenity as approved by the Board of Commissioners.

9.

Homeowner's Association. A tiny house development shall have a homeowner's association that maintains control of all common area elements and is responsible for the maintenance of such elements within the development. Common areas shall be indicated on the Master Plan, and on a preliminary and/or final subdivision plat. Association documents shall be reviewed by the Town prior to approval of the development and recorded with the development, and be in accordance with Section 4.3.4.7 of the Development Ordinance.

10.

Infrastructure Standards. The Tiny House District shall comply with the infrastructure standards in Section 4.6 of the Development Ordinance except as otherwise provided by this subsection, which shall not be modified as part of the approval of a Tiny House District.

11.

Public Street Access. The tiny house development shall have internal access to public streets and shall provide ingress and egress from the subdivision to an existing NCDOT public street system complying with the current standards being required by the infrastructure regulations in Article 4. The development shall have at least 50 feet of frontage along the existing NCDOT public street system.

12.

Dwelling Orientation. A tiny house dwelling unit shall face a street or interior common area. No dwelling shall face a perimeter landscape or buffer yard.

13.

Compliance with NC State Residential Code. The tiny house unit and foundation must both comply with the North Carolina State Residential Code, 2018 Edition - Section 101.3.2.10 NC Administrative Code.

14.

Modular Construction Option. If the tiny home is constructed through the NC Modular Construction Program, the unit must also meet the roof pitch, eave projection, exterior wall, siding and roofing materials, and foundations minimum construction and design standards for modular homes - NC General Statute GS § 143-139.1.

15.

Utility Metering. Each tiny house unit shall be individually metered for all utilities.

16.

Parking Standards. All on-site parking shall not be in a common area in a Tiny House development and shall meet the requirements of Section 4.5 of the Development Ordinance.

(ZTA Ord. No. 2021-04, § 4, 2-7-22)

3.4.1 Purpose and use groups. The Permitted Uses Table contains a listing of uses which may be permitted in one (1) or more of the various zoning districts. Uses are listed in alphabetical order within eight (8) use groups as follows:

•

Agricultural.

•

Residential.

•

Civic, Government, and Institutional.

•

Office and Service.

•

Retail and Wholesale.

•

Recreation and Entertainment.

•

Industrial, Transportation and Utility.

•

Other.

3.4.2 Classifying and determining uses.

A.

The listings of permitted uses in the various districts in this Ordinance are considered to be specific in regard to the types of uses intended for each of the various districts. In determining proposed uses, the Administrator shall classify the form and function of the use. When a proposed use is not specifically listed in the Permitted Uses Table, the Administrator shall determine if the use is the same as, or manifestly similar to, a listed use in form and function. If the Administrator finds that the proposed use is the same as, or manifestly similar to, a listed use, he shall classify the proposed use as the listed use. If the Administrator finds that a proposed use is not the same as, or is not manifestly similar to, a listed use, he shall classify the proposed use as not permitted. In order to assist the Administrator in interpretation of the Use Matrix, the North American Industrial Classification System (NAICS) shall be used to determine if a use is similarly material to a use in the Permitted Uses Table.

B.

Two (2) or more nonresidential principal uses may occupy the same land or building as long as each use is a permitted use.

C.

In determining what is a principal use, the principal use shall be considered as the primary purpose or function that a lot or structure serves. An accessory use shall be considered a structure or use that:

1.

Is clearly incidental to and customarily found in connection with a principal building or use;

2.

Is subordinate to and serves a principal building or a principal use;

3.

Is subordinate in area, extent, or purpose to the principal building or principal use served;

4.

Contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and

5.

Is located on the same lot and zoned the same as the principal building or use served.

3.4.3 Permitted uses table. The following is a list of the meanings of table entries:

A.

"P" indicates that the use is permitted by right in the zoning district.

B.

"s" indicates that the use is permitted with a Minor Special Use Permit in the zoning district.

C.

"S" indicates that the use is permitted with a Major Special Use Permit in the zoning district.

D.

A blank space under a zoning district column indicates that a use is not permitted in that district.

E.

A section number listed in the "SR" column indicates that the use has special conditions for the zoning district(s) in which it is permitted. The section number refers to the regulations in Section 3.5.

Table 3.1 Permitted Uses

(Ord. of 12-2-2019, ZTA 2019-06; ZTA Ord. No. 2021-02, §§ 5, 8, 9, 4-5-21; ZTA Ord. No. 2021-03, § 19, 5-3-21; ZTA Ord. No. 2021-04, § 4, 2-7-22)

The requirements set forth in this section apply to the uses with a Section number in the "SR" column of Table 3.1: Permitted Uses in Section 3.4. These requirements are intended to mitigate any potential adverse impacts that certain uses may have on surrounding property or the community at-large. If a Minor or Major Special Use Permit is also required for a use within a specified zoning district, these requirements are to be followed in addition to any conditions placed on the approval of the Minor or Major Use Permit by the Board of Adjustment or Town Board of Commissioners, or Conditional Zoning District by the Town Board of Commissioners.

3.5.1 Agricultural uses.

3.5.1.1 Keeping of animals, livestock, fowl, and equestrian uses.

A.

Bona fide farms located in the extraterritorial jurisdiction are exempt from these standards subject to Section 1.5.2.

B.

There shall be one and one-half (1.5) acres of cleared land for each head of cattle, goat, horse or other livestock kept. Such animals shall be fully contained by a fence.

C.

Livestock and fowl keeping within the Town limits shall be regulated by Title 8, Chapter 2 of the Code of Ordinances.

D.

Common barns and stables and manure storage areas shall be located a minimum of 75 feet from any lot line and 100 feet from any other building.

E.

All unpaved areas shall be maintained in a manner to prevent dust from adversely impacting adjacent properties.

F.

Outdoor lighting structures shall be located, angled, shielded, or limited in intensity so as to cast no direct light on adjacent property and to avoid the creation of a visual safety hazard to any adjacent right-of-way.

G.

The keeping of livestock and fowl as an accessory to a residential use shall not include commercial production.

H.

In accordance with NC GS 106-645, up to five (5) bee hives are permitted on a single parcel provided that hives are placed at ground level or securely attached to an anchor or stand. If the hive is securely attached to an anchor or stand and is setback a minimum of 10 feet from the including setbacks from the property line and from other hives. The Town of Yadkinville may require the removal of any hive that is no longer maintained or is a threat to the health, safety, and welfare of the public.

3.5.1.2 Produce stands, permanent.

A.

A permanent produce stand shall be allowed as an accessory use to a bona fide farm operation only. All produce sold shall be grown on a lot under the same ownership as the lot upon which the produce stand is located. Permanent produce stands shall only be located on streets classified as collectors, minor thoroughfares, and major thoroughfares. All other produce stands shall be considered temporary uses and shall follow the special requirements for temporary uses in Section 3.5.8.5.

B.

A produce stand shall not be located in a street right-of-way.

C.

A produce stand shall not be located closer than 10 feet to any side lot line unless a greater setback is required for the zoning district in which it is located.

D.

Signs for a produce stand shall not be illuminated, nor shall they exceed four (4) square feet in area. Off-premises signs are not permitted.

E.

During the times of the year in which the produce stand is not in operation, the stand shall be properly secured and maintained.

3.5.2 Residential uses.

3.5.2.1 Accessory dwellings.

A.

Accessory dwellings shall be limited to one (1) unit per principal dwelling.

B.

Accessory dwellings shall be built to North Carolina Building Standards and shall each have at least one (1) external entrance, kitchen and bath.

C.

Detached accessory dwellings shall be located in the rear yard of the principal dwelling, and shall meet the principal structure setbacks for the district in which they are located. Detached accessory dwellings shall be located no closer to the principal building than 20 feet.

D.

The accessory dwelling shall not exceed one-half (½) of the total area of the principal dwelling or 1,200 square feet, whichever is greater, but in no case shall exceed that of the principal dwelling.

3.5.2.2 Accessory structures.

A.

Permitted accessory structures. Permitted accessory structures include those included in this section and those that are determined to meet the following criteria:

1.

Are clearly incidental to an allowed principal use or structure;

2.

Are subordinate to and serving an allowed principal use or structure;

3.

Are subordinate in area, extent and purpose to the principal use or structure;

4.

Contribute to the comfort, convenience or needs of occupants of the principal use or structure.

B.

Location on same lot as a principal use. No accessory structure shall be approved, established or constructed before the principal structure is approved and construction is begun and vested, in accordance with the Ordinance. There shall be a principal structure on any lot for which there is an accessory structure.

C.

Setbacks and spacing from other structures. Accessory structures shall be set back a minimum of five (5) feet from the side and rear property lines. Accessory structures on corner lots shall meet the principal structure front setback on the side street for the district in which it is located. For through or reverse frontage lots, all accessory structure shall be setback 10 feet from the rear lot line abutting the street. Accessory structures shall be at least five (5) feet from any other buildings on the same lot and at least 20 feet from any buildings used for human habitation on adjoining lots. See Section 3.5.2.2, F. for additional setbacks for greater total area of accessory structures.

D.

Location on lot. On any residential lot, accessory buildings shall not be located in any front yard, unless located on a lot that is greater than two (2) acres and set back a minimum of 150 feet from the fronting street. Accessory structures may not be located in an easement unless the easement or easement holder expressly states the allowance in writing.

E.

Number of accessory structures allowed. No residential lot shall have more than three (3) accessory structures (excluding swimming pools).

F.

Size and area limitations and criteria. Accessory structures shall not cover more than 30% of any required rear yard and:

1.

The total area of residential accessory structures on a lot less than two (2) acres shall not exceed 50 percent of the gross floor area of the principal dwelling or 600 square feet, whichever is greater.

2.

For lots that are two (2) acres or more, the maximum total area of all accessory structures shall not exceed 200 percent of the gross floor area of the principal structure or 2500 square feet, whichever is less, provided that when accessory structures total more than 600 square feet accessory structures shall be set back a minimum of 20 feet from the property line.

G.

Maximum height. The maximum height for accessory structures shall be the height of the principal structure, except that the maximum height for accessory agricultural structures on lots of greater than two (2) acres in the Rural Residential (RR) District shall be the maximum district height.

H.

Exceptions.

1.

Mailboxes, newspaper boxes, birdhouses, flagpoles, satellite dishes of less than two (2) feet in diameter and pump covers may be placed in any yard, and no zoning permit is needed for these structures.

2.

A double garage may be shared between two (2) lots in any residential district, one-half (½) of which would be located on each of the two (2) lots. A written request signed by both parties is submitted with the zoning permit application and that the requirements of this section shall be met.

3.

A portable storage container may only be used as a temporary accessory structure for up to 30 days in duration, except when the container is used in association with construction on the same site, in which case the container may remain for the duration of the construction project and shall be removed upon completion. No more than two (2) portable storage containers may be located on a lot with a single-family or duplex dwelling. The gross square footage of a portable storage container on a lot with a single-family or duplex dwelling shall not exceed 150 square feet. A portable storage container is not subject to the location and setback requirements of Section 3.5.2.2; however, it must be located on the lot and outside any street right-of-way.

J.

Prohibitions.

1.

No accessory structure shall be permitted that involves or requires any external features which are not primarily residential in nature or character.

2.

Under no circumstances may a vehicle, tractor trailer, manufactured home, recreational vehicle, or container be used as an accessory structure, except that a portable storage container may be used as a temporary accessory structure in accordance with Section 3.5.2.2 H.3.

K.

Swimming pools. Swimming pools shall meet the requirements of Appendix G of the North Carolina Residential Building Code.

3.5.2.3. Accessory temporary health care structures.

A.

Temporary health care structures as defined by NC GS 160D-915 are permitted as residential accessory structures provided that the following conditions are met:

B.

The structure is primarily assembled at a location other than its site of installation.

C.

There is no more than one (1) occupant who shall be the mentally or physically impaired person.

D.

The structure has no more than 300 gross square feet.

E.

The structure complies with applicable provisions of the State Building Code and NC GS 143-139.1(b). A permanent foundation shall not be required or permitted.

F.

The permit for such structure shall be renewed annually upon demonstrating continued compliance with this Section.

G.

The structure shall be connected to water, sewer, and electric utilities to comply with State law.

H.

No signage is permitted.

I.

The structure shall be removed within 60 days of a mentally or physically impaired person no longer receiving assistance from the structure.

3.5.2.4 Dwellings, multifamily and developments, multifamily. In addition to the building design standards in Article 4, multi-family dwellings and developments shall meet the following requirements:

A.

Multi-family residential developments shall have frontage on or access from a state-maintained major or minor thoroughfare as designated in the Yadkinville Comprehensive Transportation Plan.

B.

All streets or access ways providing ingress and egress from the development to an existing public street system shall comply with the current standards being required by the infrastructure regulations Article 4.

C.

Developments that are proposed to be developed under the North Carolina Unit Ownership Act shall meet the requirements of that Act by recording the declaration and plan with the Register of Deeds. Where land is to be conveyed in accordance with such declaration and plan, the developer shall comply with the development requirements of this Ordinance.

D.

No multi-family dwellings or series of attached dwellings, multi-family building or other such arrangements shall exceed a length of 150 feet when measured along the longest axis of the building or series of attached units. In no case shall any building be closer than 20 feet to any other building in the development. Furthermore, buildings shall not be arranged in straight rows oriented in such a way as to resemble rows of barracks.

E.

All main utility lines, meters, taps and other appurtenances, up to and including the meter for each individual unit, (but not including the service lines and other facilities extending service to each individual unit) shall be built to the same standard as required for developments. All such facilities, together with an easement of sufficient width, shall be conveyed to and/or dedicated to the Town for public use and maintenance. All utilities shall be placed underground.

F.

Each unit shall be individually metered for all utilities. Responsibility for the maintenance of common utility lines and/or facilities, which have not been conveyed to the Town and/or dedicated for public use shall be the responsibility of the project owner, or in the case of unit ownership clearly established in the declaration, protective covenants and other bylaws.

G.

Stationary sanitary containers shall be located so as not to interfere with sight distance or the free movement of vehicles on streets or service drives and so as to allow collector trucks adequate maneuvering space to empty the containers and to leave the property without excessive backing. Such containers shall be screened in accordance with Section 4.4.7.

3.5.2.5 Dwellings, two-family. Two-family dwellings shall meet the following special requirements in the RM District:

A.

The Minimum Lot Size (square feet) shall be 20,000 square feet;

B.

The Minimum Lot Width (feet) shall be 100 feet;

C.

The Front Setback (feet) shall be 40 feet;

D.

The Side Setback (feet) shall be 20 feet;

E.

The Rear Setback (feet) shall be 40 feet;

F.

The Side Setback (feet) for a corner lot shall be 40 feet; and

G.

The Maximum Height (feet) shall be 35 feet.

3.5.2.6 Family care homes. In accordance with NC General Statute Chapters 122C, 131D and 168, these uses are deemed residential uses and are permitted in all residential districts subject to the following conditions:

A.

No more than six (6) residents other than the operator and operator's immediate family are permitted to live in a Family Care Home.

B.

A Family Care Home must be licensed with the NC Department of Health and Human Services Division of Facility Services before operating.

C.

No Family Care Home may be located within a one-half (½) mile radius of any other family care home.

D.

No exterior signage is permitted.

E.

No lockdown, violent, or dangerous residents.

F.

Only incidental and occasional medical care may be provided.

3.5.2.7 Home occupations.

A.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation. Accessory structures equaling no more than 25% of the size of the dwelling unit may be used as part of a home occupation.

B.

Home occupations shall be limited to the following and similar uses:

•

Animal services, no outdoor kennels.

•

Artists, craftsmen.

•

Catering.

•

Childcare.

•

Financial services.

•

Personal service uses.

•

Professional offices.

C.

Home occupations shall not include any automotive services, body art establishments, outdoor storage, or any use which uses equipment or processes that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any telecommunications receivers off the premises or which causes fluctuations in line voltage off the premises.

D.

A family day care home with five (5) or fewer pre-school aged children and/or three (3) or fewer school aged children may be operated as a home occupation, provided that any outdoor play areas shall be screened from adjacent residentially-used property by a Type 1 buffer in accordance with Section 4.4.3 or an opaque fence that meets the requirements of Section 4.4.9.

E.

Only one (1) person other than those residing in the home shall be engaged in the occupation.

F.

Sufficient off-street parking shall be provided to ensure that all vehicles will be parked off of the public right-of-way within a driveway or other on-site designated parking area.

G.

Traffic generated by a home occupation shall not exceed volumes normally expected in a residential neighborhood.

H.

Clients shall only visit the home occupation between the hours of 7:00 a.m. and 9:00 p.m.

I.

There shall be no changes in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation except one (1) on-premises non-illuminated sign not exceeding four (4) square feet

3.5.2.8 Manufactured homes on individual lots.

A.

The minimum size lot on which an individual manufactured home is located shall have an area no less than that required for a single-family residential use for the district in which the manufactured home is located.

B.

The minimum lot width on which an individual manufactured home is located shall have a width no less than that required for a single-family residential use for the district in which the manufactured home is located.

C.

The setbacks for a manufactured home on an individual lot shall be that as required for a single-family for the district in which the manufactured home is located.

D.

The manufactured home shall meet or exceed the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.

E.

The manufactured home shall have a length not exceeding four (4) times its width.

F.

Manufactured homes on individual lots shall be multi-sectional. Single-wide manufactured homes shall not be permitted on individual lots.

G.

The pitch of the home's roof shall have a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run, and the roof shall be finished with a type of shingle or other building material that is commonly used in standard residential construction.

H.

The exterior siding shall consist of wood, hardboard, aluminum, or vinyl comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.

I.

The tongue, axles, transporting lights, and removable towing apparatus shall be removed after placement on the lot and before a Certificate of Occupancy is issued.

J.

All manufactured homes permitted under this section shall be placed on a foundation with piers and masonry curtain walls with anchorage.

K.

A permanent front porch of at least 32 square feet in area shall be constructed within 12 inches of the floor elevation and all secondary entrances and exits to the Manufactured Home shall also have concrete steps or similar approved steps.

L.

The front of the manufactured home shall be parallel to the front property line, except on corner lots.

3.5.2.9 Tourist homes.

A.

All tourist homes shall have obtained a Zoning Permit and shall be registered with the Town of Yadkinville. The Zoning Permit shall be renewed annually upon determining compliance with the requirements of this section.

B.

All properties shall have conspicuously posted two (2) local contact persons who will be responsible for handling any problems that arise with the property. These contact persons shall also be listed on the registry with the Town of Yadkinville.

C.

A minimum of one (1) parking space for every bedroom shall be provided.

D.

There shall be no sound amplification devices located outside. More than three (3) visits by the Yadkinville Police Department or Yadkin County Sheriff's Department for noise or disturbances within one (1) year may result in revocation of the Zoning Permit.

E.

Garbage and recycling receptacles shall be provided and emptied at a minimum of once a week. Garbage and recycling receptacles shall be stored in a screened area to the side or rear of the house except on collection day. No garbage or refuse shall be located outside of the garbage receptacle.

F.

In the RR, RM, and RH districts, tourist homes shall be located a minimum of 500 feet from any other tourist home.

G.

Tourist homes shall not be occupied at a rate of not more than two (2) persons per bedroom.

H.

Tourist homes shall be inspected by the Fire Marshal prior to initial use and a minimum of once a year. Proof of compliance shall be provided to the Town of Yadkinville.

I.

Tourist homes shall not be rented to more than five (5) different occupants within a 30-day period. Rental records shall be provided annually to the Town of Yadkinville to ensure compliance.

J.

Tourist homes shall be subject to the same occupancy tax as applicable to any other overnight accommodations in the Town of Yadkinville.

3.5.3 Civic, government and institutional uses.

3.5.3.1 Cemeteries.

A.

All graves, columbariums, and mausoleums shall be set back at least 20 feet from any property line.

3.5.4 Office and service uses.

3.5.4.1 Animal services, no outdoor kennels.

A.

Indoor kennels shall be located not less than 50 feet from any adjacent property line.

B.

Indoor kennels shall be designed to effectively buffer noise audible to surrounding properties.

C.

Outdoor areas used as a place for animals to relieve themselves shall be enclosed by fence at least 6 feet in height, located at least 25 feet from any adjacent property line, and buffered along the exterior of the side facing the adjacent property line with a continuous row of large evergreen shrubs reaching a height of at least 3 feet at the time of planting and 8 feet at maturity. Said outdoor areas shall not be used as outdoor kennels.

3.5.4.2 Animal services, with outdoor kennels.

A.

No outdoor containment of animals shall be located less than 250 feet from any residentially zoned or used property and 50 feet from any other adjacent or front or corner lot street side property line.

B.

Kennel areas must be surrounded by an opaque fence of not less than six (6) feet in height and enclosed to prevent escape.

C.

Outdoor kennels shall be structurally designed to effectively buffer noise audible to surrounding properties. Additionally, outdoor kennels shall be buffered along the exterior of the side facing the adjacent property line with a continuous row of large evergreen shrubs reaching a height of at least 3 feet at the time of planting and 8 feet at maturity.

3.5.4.3 Bed and breakfast inns.

A.

The maximum number of guest rooms or houses shall be 10. Guest rooms shall not be equipped with kitchen or cooking facilities. There shall be no less than one (1) bathroom, consisting of a bath or shower, water closet, and lavatory for every two (2) guest rooms.

B.

Parking shall not be allowed in any front yard, unless facility utilizes guest houses. There must be one (1) off-street parking space for every room to be rented plus residential requirements. Parking areas, solid waste receptacles, and outdoor storage must be screened from adjacent properties with a screening yard as set forth in Section 4.4.7.

C.

Outdoor lighting shall be designed so as to minimize or prevent light from directly hitting adjacent property or any right-of-way.

D.

No more than two (2) persons who are not residents on the property shall be employed at the facility, and the operator shall reside on the premises.

E.

Banquet and event facilities may be permitted with bed and breakfast facilities in districts where such use is not otherwise permitted with the issuance of a Minor Special Use Permit by the Board of Adjustment.

3.5.4.4 Crematories.

A.

No crematory use may be established within 100 feet of any residential structure.

B.

A crematory must comply and remain in compliance with all applicable public health and environmental laws and rules and must contain the equipment and meet all of the standards established by the North Carolina Crematory Act, as amended or superseded, and any additional rules and regulations issued by the North Carolina Board of Funeral Services.

3.5.5 Retail and Wholesale Uses.

3.5.5.1 Automotive, boat, recreational vehicle, manufactured home, and modular home sales or rental.

A.

An office with restroom facilities in a structure built in accordance with NC Building Code and the design standards of Article 5 shall be located on the premises.

B.

The lot shall front on a major or minor thoroughfare.

C.

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

D.

No automobile, vehicle, boat, manufactured home, modular home shall be stored or displayed within the right-of-way of any public street.

E.

For automotive sales, a North Carolina Department of Motor Vehicles car dealer license shall be obtained prior to occupancy and shall be prominently displayed at the place of business.

3.5.5.2 Microbreweries, microwineries, microdistilleries, tasting rooms.

A.

Tasting rooms shall be operated in association with an existing vineyard or winery, microwinery, microbrewery, or microdistillery and located on the same property, or on adjoining properties in same ownership or partnership.

B.

Such facilities must be located in such a manner that visual impact to adjoining properties used or zoned for residential or agricultural purposes is minimal.

C.

Outdoor lighting shall be so designed so as to minimize light from directly hitting adjacent property or any public right-of-way.

D.

In zoning districts where such uses are otherwise not permitted, associated small-scale catering facilities (i.e. gift shop, cheese making, restaurant), which may enhance the overall property in relation to tourism, may be permitted through the issuance of a Major Special Use Permit by the Board of Commissioners.

E.

Festivals and events to be held in conjunction with such facilities shall comply with the conditions and requirements for outdoor recreation as provided in this Ordinance, so that an appropriate festival plan shall be included in the required site plan for the facility. Food trucks and vendors may be located on-site during events. No vendor vehicles may be parked in a front yard outside of operating hours.

F.

Production shall not exceed the thresholds set forth in Appendix A Definitions, otherwise such facilities shall be classified as beverage manufacturing and permitted accordingly.

3.5.5.3 Retail sales (outside fully enclosed building).

A.

An office with restroom facilities in a structure built in accordance with NC Building Code and the design standards of Article 5 shall be located on the premises.

B.

Items for sale shall not be displayed within any right-of-way.

C.

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

3.5.6 Recreation and entertainment uses.

3.5.6.1 Adult businesses.

A.

No adult use shall be located within 1,000 feet of another adult use, which shall be measured from the exterior walls of the building(s) containing such regulated use. No adult use shall be located within 1,500 feet of any area zoned for residential use or from the property line of residential unit(s), religious institutions, nursery schools, day care centers (child/adult), public or private schools, or public parks in all zoning districts, which will be measured from the property line(s) containing such regulated use.

B.

A Type 2 buffer, in accordance with Section 4.4.3 is required around the entire perimeter of any adult use, regardless of adjacent zoning district or existing land uses.

C.

Signage shall be limited to one freestanding sign no greater than eight (8) feet in height and no larger than 16 square feet in area; and one (1) sign affixed to the principal structure, no larger than 16 square feet in area. Sign content shall not depict or suggest subject matter that is lewd, offensive, sexual or anatomical in nature.

D.

If applicable, all viewing booths shall be open and be visible to manager(s) of the establishment, and there shall be a minimum separation of six (6) feet between patrons and performers. Masseuses and servers of food and beverage shall at all times wear a shirt and pants. No nude or semi-nude service or entertainment of any kind shall be allowed outside the principal structure.

E.

In addition to the site plan requirements of this Ordinance, the additional following information shall be provided:

1.

Location of existing structures on property within (one thousand) (1,000) feet of exterior wall(s) of the regulated use.

2.

Zoning of properties within 750 feet of each property line of the regulated use.

3.

Other information that may be necessary to judge the probable effect of the proposed activity on neighboring properties, and to carry out the intent of this Section.

3.5.6.2 Campgrounds.

A.

Properties used for campgrounds shall be a minimum of two (2) acres. The density shall not exceed 10 camping spaces per acre of gross area.

B.

Along any public street or public right-of-way, a setback of at least 50 feet from the edge of the public right-of-way shall be maintained and a Type 2 buffer shall be in place, in accordance with Section 4.4.3.

C.

A distance of at least 10 feet shall be maintained between any part of the trailers, structures, or tent pads.

D.

A recreational area of not less than 10% of the gross site area or 2,500 square feet, whichever is greater, shall be maintained in a central and convenient location to all camping spaces.

E.

Adequate off-street parking and maneuvering space shall be provided on site. The use of any public street, sidewalk or right-of-way or any other private grounds for the parking or maneuvering of vehicles is prohibited.

F.

All internal roadways shall be stabilized and of adequate width to accommodate the volume and type of anticipated traffic, and in any event, shall comply with the following minimum requirements:

1.

Internal one-way roadway and roadways on which parking is prohibited shall not extend for more than 500 feet in total length; service less than 25 trailer spaces; and be at least 11 feet in width.

2.

Internal one-way roadway and roadways on which parking is permitted on one (1) side and two-way roadways, which do not allow parking, shall be at least 24 feet in width.

3.

Internal two-way roadways, which permit parking on one (1) side only, shall be at least 27 feet in width.

4.

Internal two-way roadways, which permit parking on both sides, shall be at least 34 feet in width.

G.

Each camping space for travel trailers shall be connected to an approved water supply system, which provides an accessible, adequate, safe and potable supply of water.

H.

An adequate and safe sewer system shall be provided in all camping areas. Such system shall either be a municipal system or a system approved by the appropriate County or State agency vested with the authority to approve sewage disposal systems.

I.

A screening device at least six (6) feet high and 90% opaque shall be provided where the use adjoins residentially zoned property.

J.

A central service building containing all necessary toilets, bathhouses and other plumbing fixtures specified in the most current edition of the North Carolina State Plumbing Code, as amended, shall be provided in all camping areas. Service building shall be conveniently located within a radius of 300 feet to camping spaces, which it serves.

K.

The storage, collection and disposal of trash and refuse in the travel trailer-parking area shall comply with all applicable regulations.

L.

Neither any person nor any mobile unit shall occupy a camping space or the travel trailer parking area for a period in excess of 30 days. A register of all occupants, the space occupied and the time of arrival and departure shall be maintained.

3.5.6.3 Motorsports competition and testing facilities.

A.

Minimum lot size for all such developments shall be five (5) acres.

B.

No such facility or improvements shall be located within 100 feet of any property line.

C.

Buildings in which competitions or testing are taking place shall be adequately sound insulated so that noise outside of buildings shall not exceed the ambient noise levels at adjacent property lines.

D.

No outdoor equipment, machinery, or mechanical device of any kind may be operated within 2,500 feet of any residentially zoned or residentially used property line.

3.5.6.4 Recreation facilities, private outdoor.

A.

Minimum lot size for all such developments shall be one (1) acre.

B.

No such facility or improvements shall be located within 50 feet of any property line.

C.

No amusement equipment, machinery, or mechanical device of any kind may be operated within 250 feet of any residentially zoned or used property.

D.

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

E.

Outdoor lighting shall be designed so as to minimize or prevent light from directly hitting adjacent property or any right-of-way and shall comply with the provisions of Section 4.6.5.

3.5.6.5 Theaters, outdoor.

A.

No part of any theater screen, projection booth, stage, or other building shall be located closer than 500 feet to any residential district or closer than 50 feet to any property line or public right-of-way; and no parking space shall be located closer than 100 feet to any residential district.

B.

For drive-in theaters, the theater screen shall not face a freeway or major thoroughfare and off-street stacking space shall be provided for patrons awaiting admission in an amount of not less than 30% of the vehicular capacity of the theater.

C.

No outdoor sound system shall be permitted which can be heard beyond the boundaries of the property after 11:00 pm or before 7:00am.

D.

Outdoor lighting shall be designed so as to minimize or prevent light from directly hitting adjacent property or any right-of-way and shall comply with the provisions of Section 4.6.5.

3.5.7 Industrial, transportation, and utility uses.

3.5.7.1 Airports and heliports.

A.

A configuration diagram depicting the layout of runways, taxiways, approach zones and overrun areas shall be submitted with the application. These diagrams shall also be depicted on aerial photographs that also show the area within five (5) miles of the proposed site.

B.

A plan indicating isotonic contours that show the effects of aircraft operations upon land within one (1) mile of the boundary of the proposed site shall be submitted with the application.

C.

The number and type of aircraft proposed to be stored including the storage area for aircraft, fuel and motor vehicles and service areas for the aircraft shall be documented in the application and on the submitted site plan.

D.

A statement as to how on-site fire and rescue services will be provided, and a letter from the appropriate agency stating services are available and adequate to protect the proposed facility, shall be submitted with the application.

E.

A list of land uses within the final approach zones of the airport/heliport shall be submitted with the application.

F.

A certification that all Federal Aviation Administration (FAA) and State standards and requirements have been, or will be met shall be submitted with the Zoning Permit application.

G.

A minimum of 50 acres is required for Basic Utility Stage 1 airports with a 2,000-foot runway. Additional area is required for larger airports.

H.

Airport and heliport size and layout shall conform to FAA Advisory Circular 150/5300-4B.

I.

There shall be a minimum 300-foot distance between the airport/heliport facility and the nearest residence.

J.

Security fencing shall be provided that is sufficient to control access to runways and taxiways. The fencing shall be a minimum of six (6) feet in height.

K.

The land required for the provision of approach zones and overrun areas shall be owned or controlled by the applicant.

L.

Adequate land area shall be provided for all of the proposed uses, buildings and storage areas.

M.

Screening of buildings, storage and maintenance areas shall be provided from adjacent residentially zoned or used property.

N.

A finding shall be made that compatible land uses are located in the final approach areas of the airport.

3.5.7.2 Asphalt, concrete, and paving materials manufacturing; junkyards and recycling operations; demolition landfills, manufacturing (outside a fully enclosed building); mining and quarrying; sawmills.

A.

Any manufacturing that takes place outside of fully enclosed building, demolition landfill, mining, quarrying, recycling operation or sawmill shall be set back a minimum of 250 feet from any adjacent street right-of-way, non-industrial zoning district, or residentially used property and shall not emit any smoke, dust, odor, noise, or vibration perceptible to regular senses at the property line or pose a hazard off-site. However the Board of Adjustment shall be authorized to increase this setback if the situation warrants, based on the specific substances that are to be manufactured or stored and in what specific quantities.

B.

All buildings and storage yards shall be a minimum of 100 feet from any street right-of-way or residentially zoned or used property. However the Board of Adjustment shall be authorized to increase this setback if the situation warrants, based on the specific substances that are to be manufactured or stored and in what specific quantities.

C.

Structures with hazardous materials must meet all requirements for hazardous occupancy under the N.C. Building Code.

D.

Outdoor lighting shall be designed to minimize or prevent light from directly hitting adjacent property or any public right-of-way.

E.

The use shall be totally enclosed by a security fence or wall at least eight (8) feet high.

F.

Access roads shall be located no closer than 15 feet to any property line other than a railroad right-of-way. Access roads leading to any part of the operation shall be constructed with a gravel or paved surface and maintained in a dust-free manner. All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.

G.

The County Fire Marshal and local fire department shall be kept notified of the types of materials used, manufactured, or stored on site.

H.

Within one (1) year after the cessation of production, all equipment and stockpiles incidental to such operation shall be dismantled and removed by and at the expense of the owner.

I.

The site shall be drained to prevent the accumulation of standing water, and channelization of the drainage shall be designed and controlled so as not to cause erosion of silting neighborhood properties or public drainage ways, nor to appreciably increase the turbidity of any natural water course, or to occlude any existing drainage course.

J.

Truck routes to and from the site shall be followed to minimize impacts on residential areas, schools, or other uses negatively affected by truck traffic.

3.5.7.3 Power generation, solar (individual and farm).

A.

A maximum of 50% of a parcel may be used for a solar farm.

B.

Systems, equipment and structures that are part of a solar farm shall not exceed 15 feet in height when ground mounted.

C.

Except in the LI and HI zoning districts, roof mounted systems shall not exceed the maximum height for the applicable zoning district and shall not project more than one (1) foot above the surface of the roof on pitched roofs, and shall not project above the parapet wall on flat roofs.

D.

Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located.

E.

To the extent practical, all new distribution lines to any building, structure or utility connection shall be located below ground.

F.

It is the responsibility of the system owner or property owner to remove all obsolete or unused systems within 12 months of cessation of operations. Solar farm Major Special Use Permit applications shall be accompanied by a decommissioning plan.

3.5.7.4 Power generation, wind (individual).

A.

An individual use wind power generation facility shall be a single system designed to supplement other electricity sources as an accessory use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, and associated control or conversion electronics, which has a total rated capacity of 10 kW or less. There shall be a maximum of three turbines for individual uses.

B.

Wind turbines for individual uses shall be setback two (2) times the height of the turbine from occupied buildings, property lines and public roads. Maximum height of an individual use wind turbine is 50 feet.

C.

The wind turbine owner shall have six (6) months to complete decommissioning of the turbine if no electricity is generated for a continuous period of 12 months. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities.

D.

The visual appearance of wind turbines shall at a minimum:

•

Be a non-obtrusive color such as white, off-white, gray, black, bronze, or dark green;

•

Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety; and,

•

Not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer, facility owner and operator.

3.5.7.5 Telecommunications towers.

A.

According to FCC regulations, the following work is not subject to the issuance or modification of a Major Special Use Permit and may be approved administratively:

•

Co-location or upgrade of equipment on existing towers, which do not result in an increase of footprint or height

•

A modification request adding not more than 10% to the height, 20 feet in width, or 2,500 square feet to the existing ground equipment compound to the originally approved plan.

B.

Applicant shall demonstrate clearly the public need for the proposed new tower, and that such need cannot be met by use of existing or less intrusive facilities. All new towers shall be designed to support at least one additional user.

C.

Height limitation shall be 300 feet, and be contingent upon approval by the Federal Aviation Administration (FAA).

D.

Setback requirements shall be height of the tower plus 25% from any property line or occupied structure.

E.

Ground equipment, related structures, and containment areas shall be enclosed by a minimum eight (8) foot tall security fence and screened with a Type 1 Buffer, in accordance with Section 4.4.3.

F.

Lighting may be required to meet FAA or FCC regulations, but lighting may not glare on adjacent properties. There may be flashing lights only as required by FAA or FCC regulations.

G.

The tower and grounds must be maintained and will be the responsibility of the property owner. A decommissioning plan shall be provided to the Board of Commissioners with the Major Special Use Permit application. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and shall be removed. If such antenna or tower is not removed within 60 days of receipt of written notice from the Town, the Town may remove such tower and/or antenna and place a lien upon the property for the cost of removal.

H.

Monopoles shall be the preferred construction over the lattice type. All towers shall either maintain a galvanized steel finish, or, subject to any other applicable standards of the FAA, FCC or other federal or state regulatory authority, be painted a neutral color so as to minimize any adverse visual impact. No commercial or advertising signs shall be permitted.

3.5.7.6 Wineries.

A.

Facilities must be located in such a manner that visual impact to adjoining properties used or zoned for residential or agricultural purposes is minimal. All structures, buildings, storage areas, etc. (except fences or walls) associated with the winery must be twice the setback for the applicable zoning district from all property lines or street rights-of-way.

B.

A facility serving as an established cooperative winery or as an independent commercial winery may be permitted without the presence of an on-site vineyard, if the facility will serve the vineyards of the surrounding areas.

C.

Outdoor lighting shall be so designed so as to minimize light from directly hitting adjacent property or any public right-of-way.

D.

All parking and storage areas, as well as the tasting room itself, shall have a Type 1 buffer, in accordance with Section 4.4.3, adjacent to properties used or zoned for residential purposes. If existing topography and natural vegetation does not provide an existing visual barrier, selective screening may be required.

E.

In zoning districts where such uses are otherwise not permitted, associated small-scale catering facilities (i.e. gift shop, cheese making, restaurant), which may enhance the overall property in relation to tourism, may be permitted through the issuance of a Minor Special Use Permit by the Board of Adjustment.

F.

Festivals and events to be held in conjunction with such facilities shall comply with the conditions and requirements for outdoor recreation as provided in this Ordinance, so that an appropriate festival plan shall be included in the required site plan for the facility. Food trucks and vendors may be located on-site during events. No vendor vehicles may be parked in a front yard outside of operating hours.

3.5.8 Other uses.

3.5.8.1 Nonresidential accessory structures.

A.

Permitted accessory structures. Permitted accessory structures include those included in this section and those that are determined to meet the following criteria:

1.

Are clearly incidental to an allowed principal use or structure;

2.

Are subordinate to and serving an allowed principal use or structure;

3.

Are subordinate in area, extent and/or purpose to the principal use or structure;

4.

Contribute to the comfort, convenience or needs of occupants, businesses or industry associated with the principal use or structure.

B.

Exemptions. Non-residential accessory structures within the LI and HI zoning districts are exempt from the requirements of this section.

C.

Location on same lot as a principal use. There shall be a principal structure on any lot for which there is an accessory structure. No accessory structure shall be approved, established, or constructed before the principal structure is approved in accordance with the Ordinance.

D.

Location on lot. No accessory structure shall be erected in any front yard, as defined by this Ordinance, Accessory structures may not be located in an easement unless the easement or easement holder expressly states the allowance in writing.

E.

Setbacks and spacing from other structures. Nonresidential Accessory structures shall meet the applicable zoning district setback standards, except as provided in this section and in Section 4.2.3 Exceptions to Dimensional Standards. Accessory structures on corner lots shall meet the principal structure front setback on the side street for the district in which it is located. For through or reverse frontage lots, all accessory structures shall be setback at least ten (10) feet from the rear lot line abutting the street. Accessory structures shall be at least ten (10) feet from any other buildings on the same lot.

F.

Maximum height. The maximum height for accessory structures shall be the height of the principal structure. Gas station canopies may exceed the height of the principal structure to the maximum height necessary to achieve vehicle clearance for the tallest vehicle served.

G.

Prohibitions/exceptions.

1.

Vehicles, tailers, or containers shall not be used as accessory structures, except in the LI and HI zoning districts, and except for portable storage containers as set forth in Section 3.4.8.1.B.2 below. This type of storage may only be used in the LI and HI zoning districts if located in the rear yard and screened from view from adjacent properties and any public right-of-way.

2.

In zoning districts other than LI and HI, a portable storage container may only be used as a temporary accessory structure for up to 30 days in duration, except when the container is used in association with construction on the same site, in which case the container may remain for the duration of the construction project and shall be removed upon completion. No more than two (2) portable storage containers may be located on a lot. A portable storage container is not subject to the location and setback requirements of Section 3.5.2.2; however, it must be located on the lot and outside any street right-of-way.

H.

Drive-up accessory structures. Drive-up accessory structures, such as automated teller machines, ice vending, coffee stands, and similar accessory structures that provide drive-up or walk-up service and which are located within a surface parking area shall meet the following standards:

1.

The accessory structure shall not be placed in any required parking spaces.

2.

The location shall be designed so that any access or stacking lanes do not extend into a primary drive aisle.

3.

The surface parking area shall be configured and restriped to maintain access and circulation to the principal uses(s).

I.

Fencing and walls. See Section 4.4.9 Fencing and Walls for the applicable standards.

J.

Exterior lighting. See Section 4.6.5 Lighting Standards for the applicable standards.

3.5.8.2 Business kiosks, freestanding (ATM, ice vending, etc.).

A.

Stand-alone business kiosks are permitted as accessory uses within the parking area for any shopping center provided that the following conditions are met. For purposes of these conditions, a business kiosk is defined as a freestanding structure of no greater than 200 square feet located within the parking lots of established shopping centers.

B.

A business kiosk may only be occupied for a retail use permitted in the NB or HB zoning districts and may only take its access from a major or minor thoroughfare.

C.

The erection or installation of a kiosk on the property of a shopping center shall not eliminate or reduce the number of parking spaces required for the businesses within the particular shopping center.

D.

A business kiosk shall maintain the same setbacks as required for all other non-residential accessory structures located within the particular zoning district.

E.

Freestanding signs identifying the kiosk and/or its services shall not be allowed, however a panel on an existing multi-tenant sign is permitted. Wall signage only shall be permitted provided the wall signs comply with Article 6 of this Ordinance.

F.

Space for stacking at least four (4) vehicles for each service window shall be provided; however, such space shall not eliminate or reduce the minimum number of parking spaces required for the shopping center nor require the stacking of vehicles in such a manner that travel within the driving lanes and internal passageways are impeded.

G.

All utility connections shall be underground.

H.

Any landscaping or landscaping islands or areas eliminated or reduced in order to accommodate a business kiosk shall be replaced elsewhere within the shopping center parking lot at a location approved by the Administrator.

I.

The location of the kiosk and travel lanes for vehicles to and from the kiosk shall not obstruct or interfere with existing traffic flow patterns within the shopping center. Any alteration of existing traffic flow patterns shall require the approval of the Administrator.

J.

Kiosks shall meet the design standards for accessory structures for the district in which they are located in accordance with Section 5.4.13.

3.5.8.3 Drive-through, drive-in uses.

A.

Drive-through lanes shall not be located on the front façade or facing the primary street.

B.

Vehicle storage for drive-throughs shall be located outside of and physically separated from the right-of-way of any street. This area shall not interfere with the efficient internal circulation of traffic on the site, adjacent property, or adjacent street right-of-way. There shall be adequate vehicular stacking area so that vehicles waiting for the drive-through do not back up into the street.

3.5.8.4 Outdoor storage (associated with a permitted use, excluding outdoor sales display).

A.

All outdoor storage shall be located in the rear yard only.

B.

No outdoor storage shall be located within 50 feet of the street right-of-way, adjacent residentially-zoned or used property, or adjacent CB zoning district.

C.

All outdoor storage shall be screened from view of the street and adjacent properties in accordance in Section 4.4.7. No items shall project above the screening device within 100 feet of the property line or shall exceed at total height of 20 feet.

3.5.8.5 Temporary uses. Temporary structures and uses, when in compliance with all applicable provisions of this Ordinance and all other ordinances of the Town of Yadkinville, shall be permitted. No portion of the temporary use may be located within the public street right-of-way. Temporary uses shall present proof of property owner approval prior to the issuance of a permit. The site shall have adequate parking for the temporary use in addition to parking for any permanent use located on the property. The following temporary structures and uses shall be permitted subject to the issuance of a Zoning Permit for a temporary use. Temporary use permits shall expire six (6) months from the date of issuance or the specific term listed in this section, whichever is less.

3.5.8.5.1 Construction trailers.

A.

Construction trailers shall be permitted in conjunction with construction projects. Such construction trailers may be located at a building site where there is a valid building permit for the construction project, or, in the case of a residential development, a valid building permit for at least one (1) of the residential units being constructed.

B.

All construction trailers shall be located at least 10 feet off any street right-of-way and not be placed in any required rear or side yard setback.

C.

In addition to construction trailers, security guard houses may be installed. Use of such structures may include overnight stay provided adequate sanitary facilities are provided and the same conditions for construction trailers are met.

3.5.8.5.2 Residential sales offices.

A.

Structures, whether temporary or permanent, located in a development containing 20 or more lots and used as sales offices for the development are permitted.

B.

Any temporary structure used as a sales office shall be located on a lot which is in compliance with the regulations of this Ordinance and shall meet all yard requirements for the applicable zoning district.

C.

At least four (4) off-street parking spaces shall be provided on the lot to accommodate persons using the sales office.

D.

If a permanent residential structure is used as the sales office, future use of said structure shall be for residential purposes.

E.

A trailer may be used as a temporary sales office, provided that the following conditions are met:

1.

The trailer shall be provided with underpinning, from the bottom of the walls to the ground, made of masonry, vinyl, pre-painted aluminum material, or other similar material.

2.

Landscaping shall be provided around the base of the trailer.

3.

At the completion of the sales in a tract, or two (2) years from the date the temporary sales office began operation, whichever is sooner, said sales office shall cease operation unless the Administrator determines that substantial progress is being made in the selling and/or marketing of the lots and/or homes in the development. In such case, one (1) or more extensions (each not to exceed one (1) year in duration) may be so authorized by the Administrator. If a temporary structure is used as the sales office, it shall be removed after its use as a sales office is terminated. Immediately after the structure is removed, the lot shall be returned to a natural state. Any paved or graveled driveway and/or parking area associated with the sales office shall also be removed. All bare soil areas on the lot shall be returned to a natural vegetative state (reseeded or sodded) immediately after removal of the sales office and driveway/parking area.

3.5.8.5.3 School manufactured units.

A.

Public or private elementary or secondary schools may install temporary manufactured classroom units with the issuance of a zoning permit for two (2)-year renewable periods up to a maximum of eight (8) years.

B.

If manufactured classroom units have not been used for classroom or auxiliary instruction within a 12-month period, then they shall be removed.

3.5.8.5.4 Temporary retail sales (including temporary produce stands, Christmas trees sales, pumpkin sales, food vendors (including food trucks), and similar uses, and special events.

A.

General regulations.

1.

Permit required. In addition to these standards and the issuance of a Temporary Use Permit a minimum of ten (10) days before the temporary use event, registration is required in accordance with the Peddling and Solicitation standards in Title 6, Article B of the Town of Yadkinville Code of Ordinances.

2.

Application. Application for a Temporary Use Permit shall be filed with the Planning Director or his/her designee on a form provided by the Town. The application shall include a site plan showing all information necessary to demonstrate that the proposed temporary retail sales use will comply with all applicable Town codes, ordinances and regulations. The application shall furnish the Town and other relevant agencies with any additional information that may be considered necessary to adequately review and make a decision, including estimated attendance for the event, peak times an estimated number of employees, vendors or staff on-site at peak times, noise levels, lighting, primary access routes to the property and available parking for the crowds anticipated, and other conditions that may impact surrounding properties or the Town in general.

3.

Signs and banners. Signs and banners for temporary retail sales and special events are required subject to Section 6.3.

4.

Separate permits or approvals may be required by County or State agencies for any food or drink provided at such temporary events. Contact the applicable agencies well in advance of the event to ensure adequate time for processing any applications.

5.

Truck trailers and flat beds shall not be parked on site as part of the temporary use except for short-term delivery services.

6.

Application review. Upon receipt of a complete application, the Planning Director or his/her designee will route copies to other Town departments for review and comments. Such comments will be returned within a specified timeframe.

7.

Application approval. After review of all required information and comments, the Planning Director or his/her designee shall approve, conditionally approve, or deny the application. Approval shall be given when in the judgment of the Director such approval is in compliance with all applicable Town ordinances and regulations.

8.

Revocation Temporary Use Permits granted in accordance with the provisions of this Ordinance may be revoked if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith.

9.

Exceptions. The following temporary uses and activities shall be considered exempt from the requirements for a Temporary Use Permit where such uses are conducted entirely on private property. Uses listed as exempt are required to be in compliance with all applicable Town Code, ordinances and regulations at all time, including those pertaining to noise, signs and off-premise activities.

•

Weddings, funerals and similar religious ceremonies conducted at churches, cemeteries, private facilities or residences.

•

Activities and events, including craft and art shows meetings, exhibitions and similar community events, conducted by and for residents of planned developments within their community centers. Events that include any temporary structure outdoor musical or performance activities or are sponsored or managed by organizations or businesses from outside the community are required to obtain a Temporary Use Permit.

•

One-time annual events at approved locations conducted by individuals, schools, churches, non-profit groups, and other non-commercial groups entirely for benefit fundraising.

•

Temporary sales events conducted by and for churches and schools entirely at the church or school location. Benefit ales events that include outdoor activities with live or amplified music or any temporary structures, or other types of unrelated activities are required to obtain a Temporary Use Permit.

B.

Temporary retail sales on private property, except for Christmas tree and pumpkin sales lots, shall be permitted in the CB, NB and HB zoning districts subject to the following additional restrictions:

1.

Such temporary retail sales events are permitted only on developed sites with a permanent permitted nonresidential use, and only on improved areas of the site.

2.

All activities, including product display, parking and loading operations, must occur entirely on private property and may not occur in the public right-of-way.

3.

Vendors shall not obstruct access doors to buildings, drive aisles required for access, or parking spaces required for other businesses on the property. A site layout plan must be submitted with the application, indicating access doors to buildings, drive aisles required for access, available parking onsite, parking reserved for other businesses on the property, and parking available on adjacent property subject to written permission from those adjacent property owners.

4.

Temporary retail sales events are not intended to continue for such a length of time that it in effect constitutes a permanent use and shall not be more than three (3) consecutive days within any 7-day period, except for food truck vendors.

5.

This use shall not include flea markets or yard sales, which are regulated separately.

6.

Upon cessation, expiration, or revocation of the permit, the premises will promptly be cleaned up and restored to substantially the same condition as existed prior to commencement of such use as permitted.

C.

Christmas Tree and Pumpkin Sales Lots on private property shall be permitted in the CB, NB and HB zoning districts, and in other zoning districts on properties with an established church or school, subject to the following restrictions:

1.

Christmas tree sales lots shall be allowed from the period between Thanksgiving and New Year's Day. Pumpkin sales lots shall be allowed only during the month of September, October and November.

2.

All activities, including product display, parking and loading operations, must occur entirely on private property and may not occur in the public right-of-way.

3.

A site map must be submitted with the application for a seasonal Christmas tree sales lot showing the layout for tree display areas, pedestrian circulation aisles, sales, transaction area, temporary structures, temporary fencing and customer parking area with adequate parking capacity provided in a safe, convenient location.

4.

A site map must be submitted with the application for a seasonal pumpkin sales lot showing the product display areas, sales transaction area, temporary structures, temporary fencing and customer parking area with adequate capacity provided in a safe, convenient location.

5.

Provide detailed information regarding the location, size and type of any temporary trailers proposed for the site.

D.

Special events. A private or public event held on private property with an anticipated attendance of 200 or more and which includes any of the following must complete a pre-application conference with the Planning Director to determine if the event will require a Temporary Special Event Permit for Private Property:

•

Activities involving entertainment, amplified sound, food, beverages, merchandise sales, festivals, carnivals, circuses, sporting events, trade shows, craft shows, car shows, public dances, concerts, or performances.

•

The increase or disruption of the normal flow of traffic on any street or highway caused by the event.

•

The use of nearby Town facilities, including Town-owned parking lots and Town-owned restrooms.

•

The use of Town services that would not be necessary in the absence of such an event.

•

Mobile food trucks and other food vendors as part of the event.

1.

Duration. Such events be held no more than four (4) times during a calendar year on a property and shall not be more than three (3) consecutive days within any 30-day period, with a maximum of 12 days per calendar year.

2.

Noise regulations. Music and/or noise must be kept as a reasonable volume. All music, noise, or other sounds during the event must not begin before 8:00 a.m. or continue after 10:00 p.m. on any day of the week. The Town reserves the right to shut down the source of the disturbance and/or the event, and if necessary, remove the power sources to the event if regulations are not followed.

3.

Parking plan required. Event organizers must include a detailed parking plan on the Temporary Special Event Application that will accommodate the number of guests expected. These areas should be indicated on the site map. All parking plans should not impact parking for retail and restaurant establishments. For larger events, volunteers may be required to direct traffic to the designated parking areas and/or shuttle service must be provided.

4.

Upon cessation, expiration, or revocation of the permit, the premises will promptly be cleaned up and restored to substantially the same condition as existed prior to commencement of such use as permitted.

3.5.8.5.5 Promotional activities for businesses.

A.

Permanent businesses established on a site may hold temporary outdoor promotional activities for the business for up to 7 days up to six (6) times per year.

B.

Promotional activities or sales taking place on a sidewalk shall leave a minimum sidewalk clearance of four (4) feet. Any promotional activities taking place on a public sidewalk shall also obtain an encroachment permit.

3.5.8.5.6 Yard sales.

A.

A yard sale may be conducted without a Temporary Use Permit by civic or religious organization, an individual occupant of a residence on-site, or in cooperation with neighbors of a residential community for the purpose of selling surplus household items for profit or for charitable purposes.

B.

Yard sales shall not be conducted at the same location or by the same organizer(s) more than two (2) days, up to six (6) times in one (1) calendar year for a total of 12 days per calendar year. Otherwise the sale is considered a commercial operation.

(Ord. of 11-2-2020, ZTA 2020-04; ZTA 2021-01, 4-25-21; ZTA Ord. No. 2021-02, §§ 6, 8, 4-5-21; ZTA Ord. No. 2021-03, §§ 20—24, 5-3-21; ZTA Ord. No. 2021-04, §§ 4, 6, 2-7-22)