(A) Purpose. The following special uses might not be appropriate without specific standards and requirements to assure that such uses are compatible with the other uses permitted in the designated districts. Such uses may be permitted in a zoning district as special uses if the provisions of this and all other sections of this chapter have been met.
(B) Development plan/site plan requirement.
(1) All applications for special use permits shall include a development plan or site plan.
(2) If the special use request is for a subdivision or planned unit development, the development plan shall contain a map or maps drawn to scale, with the date of preparation, and shall contain, where applicable, the following information:
(a) Existing site conditions, including contours, watercourses, identified flood hazard areas, any unique natural or human-made features;
(b) Boundary lines of the proposed development, proposed lot lines, and plot designs;
(c) Proposed location and use of all existing and proposed structures;
(d) Location and size of all areas to be conveyed dedicated or reserved as common open space, parks, recreational areas, school sites, and similar public or semi-public uses;
(e) The existing and proposed street system, including location and number of off-street parking spaces, service areas, loading areas, and major points of access to public right-of-way. Notations of proposed ownership of the street system (public or private);
(f) Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and state agencies. Documentation of an approved sedimentation and erosion control plan shall also be submitted where required. Provisions for stormwater drainage shall be shown;
(g) Location and/or notation of existing and proposed easements and rights-of-way;
(h) The proposed treatment of the perimeter of the development, including materials and/or techniques such as screens, fences, and walls;
(i) Information on adjacent land areas, including land use, zoning classifications, public facilities, and any unique natural features;
(j) Where applicable, the following written documentation shall be submitted:
1. A legal description of the total site proposed for development, including a statement of present and proposed ownership;
2. The zoning district or districts in which the project is located;
3. A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages;
4. A statement of the applicant's intentions with regard to the future selling and/or leasing of all or portions of the development;
5. Quantitative data for the following: proposed total number and type of residential dwelling units; parcel size; residential densities (dwelling units per acre); and total amount of open space; and
6. Plan for maintenance of common areas, recreation areas, open spaces, streets, and utilities.
(k) Any additional information required by the Board of Adjustment in order to evaluate the impact of the proposed development. The Board of Adjustment may waive a particular requirement if, in its opinion, the inclusion is not essential to a proper decision of the project.
(C) Special use standards.
(1) Generally, the following standards are applied to specific special uses. Before issuing a special use permit, the Board of Adjustment shall find that all standards for specific uses listed in these sections as well as all standards or requirements listed in division (B) above and § 153.110(C)( 1) have been met.
(2) Planned unit developments.
(a) Purpose. The purpose of this division is to encourage and provide for flexibility and innovation in the design and location of structures and land development, to provide for mixtures of housing types, to provide for the most efficient use of land resources, and to provide an opportunity to develop land areas in a manner different from the standard arrangement of one principal building on one lot. Residential densities are calculated on a project basis, thus allowing the clustering of buildings in each proposed planned unit development project in order to create useful open spaces and preserve natural site features. It is further intended that a planned unit development will be in harmony with the character of the district in which it is located.
(b) Planned unit development defined. In this chapter, a PLANNED UNIT DEVELOPMENT means a development where more than one principal building is proposed to be constructed on a single tract or a clustered housing development or any residential complex containing at least six or more units or any building with a gross floor area of 50,000 square feet or more, shall be deemed a PLANNED UNIT DEVELOPMENT (PUD). Multi-family structures shall have no less than three dwelling units per structure. Residential units within a planned unit development may include single-family detached or attached units, townhouse developments, condominiums, and other multi- family type residential units, excluding time sharing units, mobile homes, and mobile home parks.
(c) Land development standards.
1. The following land development standards shall apply for all planned unit developments.
2. These planned unit developments may be located only in certain specified districts as special uses, subject to a finding by the Board of Adjustment that the following conditions be met.
a. Ownership control. The land in a planned unit development shall be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.
b. Land uses permitted and location of PUDs. The uses permitted within a planned unit development are limited to residential uses, including multi-family residential units, and those land uses normally allowed (as either permitted or special) in the zoning district within which the PUD is located. PUDs shall be permitted in the R-3, R-4, and R-5 Districts. All PUDs must be compatible with and not violate the intent of the zoning districts.
c. Density requirements. The proposed residential density of a planned unit development (dwelling units per acre as shown in § 153.007) shall conform to that permitted in the district in which the development is located. If the planned unit development lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the planned unit development that is in a separate district and must be combined to determine the number of dwelling units allowable in the entire planned unit development.
d. Frontage requirements. Planned unit developments shall have access to a highway or road suitable for the scale and density of development being proposed.
e. Minimum requirements.
i. Waiver. The normal minimum lot size, setbacks, and frontage requirements are hereby waived for the planned unit development; provided, that the spirit and intent of this section are complied with in the total development plan, as determined by the Board of Adjustment. The Board of Adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.
ii. Height limitations. No building or structure shall exceed the height limitations of the district in which it is located, except as approved by the Board of Adjustment.
iii. Required distance between buildings. The minimum distance between buildings shall be 20 feet or as otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.
iv. Streets. Every dwelling unit shall have access to a public or private street, walkway, or other area dedicated to common use, and there shall be provision for adequate vehicular circulation to all development properties, in order to ensure acceptable levels of access for emergency vehicles.
f. Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants and adjacent properties for screening of objectionable views or uses, and for reduction of noise. Multi-level buildings shall be located in such a way as to dissipate any adverse impact on adjoining low- rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.
g. Perimeter requirements.
i. Structures located on the perimeter of the development must be set back from property lines and right-of-way of abutting streets in accordance with the provisions of the zoning ordinance controlling the district within which the property is situated.
ii. Structures other than single-family detached units, located on the perimeter of the development, may require buffer strip or screening in a manner which is approved by the Board of Adjustment.
h. Plans and documentation. Plans and accompanying documentation shall ensure that the water and sewer systems proposed for the planned unit development have been approved by the appropriate local and state agencies, and submitted as part of the application.
i. Preliminary plans. Preliminary plans shall include parking provisions for all proposed uses within the planned unit development in accordance with § 153.038.
j. Pedestrian and bicycle path circulation system. Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.
k. Parking areas, service areas, and the like. Layout of parking areas, service areas, entrances, exits, yards, courts, and landscaping, and control of signs, lighting, noise, or other potentially adverse influences shall be such as to protect the character of the district and desirable character in any adjoining district.
l. Open spaces, recreational areas, and the like. Where applicable, conveyance and maintenance of open space, recreational areas, and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Ch. 47A) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.
(3) Country, athletic and social clubs.
(a) Off-street parking shall be sufficient to meet the requirements found in § 153.038.
(b) The Board of Adjustment may require buffering along the side and rear lot lines that meet the requirements as outlined in § 153.063, "Buffer Strip and Screen Requirements." This planting requirement may be modified by the Board of Adjustment where adequate buffering exists in the form of vegetation and/or terrain.
(c) The proposed hours of operation shall not be detrimental to the surrounding property due to noise, lights, traffic, and the like.
(d) All developments shall be compatible with surrounding residential uses, therefore, no signs with flashing lights shall be allowed. The design of all proposed signs shall be submitted with the site plan, and all non-flashing illuminated signs shall be placed so as not to cast light on nearby residential uses.
(4) Public utility stations and substations.
(a) Structures shall be enclosed by a woven wire fence at least eight feet high.
(b) The lot shall be suitably landscaped along the side and rear property lines with vegetation that meets the requirements as outlined in § 153.063, "Buffer Strip and Screen Requirements." This planting requirement may be modified by the Board of Adjustment where adequate buffering exists in the form of vegetation and/or terrain.
(c) Entrances and exits shall be designated and designed accordingly to promote public safety.
(5) Home occupation. An occupation providing a service carried on by the occupants of a dwelling; provided, that:
(a) The occupation is conducted entirely within the dwelling and not in an accessory building or out of doors;
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and secondary to the use of the dwelling for residential purposes;
(c) There shall be no display, no outside storage, no change in outside appearance of the building or premises, or other visible evidence of the conduct of such home occupations;
(d) Any need for parking generated by the conduct of such home occupation shall be met off the street and not in the front yard;
(e) No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses;
(f) In the case of electrical interference, no equipment or process shall be used which creates a visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises; and
(g) No retail sales shall be conducted as part of the home occupation.
(6) All commercial services, professional office uses, consumer services, and retail businesses.
(a) Off-street parking shall be sufficient to meet the requirements found in § 153.038.
(b) A driveway permit as required by the State Department of Transportation shall be submitted along with the site plan, where applicable.
(c) Front setbacks along Hendersonville Road shall be considered on a case-by-case basis by the Board of Adjustment with input from the Zoning Administrator. The Board of Adjustment shall determine the setback upon consideration of the most suitable location for parking. Required parking shall be provided at either the side, rear, or front of the proposed development, based upon the location of adjacent and/or nearby residential dwellings, topography, existing or proposed screening, or other factors that may include noise or glare. When parking is designated to be at the rear of the proposed building, the front setback shall be determined on a case-by-case basis by the Board of Adjustment; when parking is designated to be at the front of the proposed building, then the front setback shall be 50 feet.
(7) Libraries, schools, and churches. Libraries, schools and churches shall provide a buffer that meets the requirements as outlined in § 153.063, "Buffer Strip and Screen Requirements".
(8) Accessory buildings.
(a) All accessory buildings shall meet the standards of the State Building Code where applicable.
(b) All accessory buildings shall be of a design compatible with the principal building on the lot and with the structures in the neighborhood.
(c) An additional parking space shall be required when an accessory building is permitted for use as a dwelling by a family member.
(d) Accessory buildings shall comply with the district's setback requirements.
(Ord. passed 10-19-1983; Ord. passed 6-8-2021)