§ 7.4 ACCESSORY USES AND STRUCTURES.

(A) General. This section identifies each of the five use classifications in Table 7-1, Table of Permitted Uses, and includes a section under each use classification identifying each use category. There are “Characteristics” and “Examples” divisions under each use category which describe the typical types of uses that are included in each category.

(B) Principal use characteristics and accessory uses. The “Characteristics” division describes common characteristics of each use category. Principal uses are assigned to the use category that most closely describes the nature of the principal use. Also listed are examples of common accessory uses, which, unless otherwise stated in this ordinance, are allowed in conjunction with a principal use.

(C) Examples. The “Examples” division lists common examples of use types included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself “Wholesale Sales”, but sells mostly to consumers, is included in the Retail Sales and Service category rather than the Wholesale Sales category. This is because the activity on the site matches the characteristics of the retail sales and service use category.

7.2.2 Residential use classification.

(A) Household living.

(1) Characteristics. The household living use category includes the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Accessory uses commonly associated with Household Living are recreational activities, raising of pets, hobbies, and parking of the occupants’ vehicles. Home occupations are accessory uses that are subject to additional regulations (see division 7.4.3(G), Home Occupation).

(2) Examples. Example use types include detached residential dwellings (single-family dwellings, duplex dwellings, manufactured homes, and other structures with self-contained dwelling units) and attached residential dwellings (multi-family dwellings, townhouses, and live/work dwellings).

(B) Group living.

(1) Characteristics. The group living use category includes the residential occupancy of a structure by a group of people who do not meet the definition of “household”. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment. Common accessory uses include recreational facilities, dining facilities, and parking of vehicles for occupants and staff.

(2) Examples. Example use types include group homes and rooming houses.

7.2.3 Institutional classification.

(A) Community services.

(1) Characteristics. The community services use category includes use types of a public, nonprofit, or charitable nature providing a local service to people of the community. Generally, such uses provide ongoing continued service on-site or have employees at the site on a regular basis. Community centers or facilities that have membership provisions that are open to the general public (for instance, any senior citizen could join a senior center) are included in the community services use category. The use type may provide special counseling, education, or training of a public, nonprofit, or charitable nature. Accessory uses may include offices, meeting, food preparation, parking, health, and therapy areas; and athletic facilities.

(2) Examples. Example use types include community centers, cultural facilities, libraries, museums, senior centers, and youth club facilities.

(B) Educational facilities.

(1) Characteristics. The educational facilities use category includes use types such as public and private schools at the primary, elementary, middle, intermediate, or high school level that provide state-mandated basic education or a comparable equivalent. This use category also includes colleges, universities, and other institutions of higher learning such as vocational or trade schools that offer courses of general or specialized study leading to a degree or certification. Accessory uses at schools include offices, play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school daycare. Accessory uses at colleges or universities include offices, dormitories, food service, laboratories, health and sports facilities, theaters, meeting areas, athletic fields, parking, maintenance facilities, and supporting commercial.

(2) Examples. Example use types include public and private secondary schools that provide state mandated basic education, colleges or universities, and vocational or trade schools.

(1) Characteristics. The government facilities use category includes post offices; government maintenance, storage, and distribution facilities; and other offices and facilities for the operation of local, state, or federal government, including use that provide public safety services to the general public. Accessory uses include maintenance, storage (indoor and outdoor), fueling facilities, satellite offices, and parking areas.

(2) Examples. Example use types include post offices, government offices, fire and EMS facilities, police stations, substations for fire and police, government maintenance, storage, and distribution facilities.

(D) Healthcare facilities.

(1) Characteristics. The health care facilities use category includes use types such as uses providing medical or surgical care and treatment to patients as well as laboratory services. Hospitals and medical treatment facilities offer overnight care, as well as outpatient. Accessory uses include offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, housing for staff or trainees, and limited accommodations for family members.

(2) Examples. Example use types include hospitals, medical and dental clinics, medical and dental labs, urgent care establishments, Hospice houses, short-term critical-care houses, outpatient facilities, and blood collection facilities.

(E) Other institutional facilities.

(1) Characteristics. This use category includes use types that provide a variety of facilities, including buildings that provide meeting areas for religious activities, civic or fraternal club activities, convention centers or auditoriums, housing and care for the elderly or disabled, and housing related to treatment programs. Accessory uses include school facilities, limited medical treatment facilities, kitchens/cafeterias, recreation areas, offices, meeting rooms, parking, and staff residences.

(2) Examples. Example use types include religious institutions (with cemeteries, columbaria, and mausoleums as accessory uses), nursing homes, civic clubs or lodges, assisted living facilities, halfway houses, and psychiatric treatment facilities.

(F) Utilities.

(1) Characteristics. The utilities use category includes both major utilities, which are infrastructure services providing regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood or use type where the service is provided. Telecommunication towers also are a type of utility. Services may be publicly or privately provided. Accessory uses may include parking and control, offices, monitoring, storage areas, or data transmission equipment.

(2) Examples.

(i) Examples of major utilities include new waste treatment plants, potable water treatment plants, solid waste facilities, electrical substations, and power plants.

(ii) Examples of minor utilities include water towers, water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges, ground-based electrical/telephone/ cable vaults, and surface transportation stops.

(iii) Examples of telecommunication towers include facilities for transmitting wireless phones and pager services, and television and radio broadcasting equipment.

7.2.4 Working lands use classification/category.

(A) Characteristics. The working lands use category is characterized by general agricultural activities, including agronomy, aquaculture, horticulture (the commercial and noncommercial production of crops), honey production, silviculture (including the harvesting of timber), animal husbandry, and similar uses. Accessory uses may include offices, storage areas, barns, stables, irrigation systems, and repair facilities related to agriculture uses.

(B) Examples. Examples of agriculture use types include farms, agronomy, aquaculture, horticulture, silviculture, farm markets, animal husbandry, and plant nurseries.

7.2.5 Commercial use classification.

(A) Adult entertainment.

(1) Characteristics. The adult entertainment use category includes use types that sell or distribute material or provide activities with sexually explicit content, including the display of specified anatomical areas or specified sexual activities as defined by the state’s general statutes. While such uses are allowed to operate within the town’s jurisdiction, they are required to be separated from other existing uses and designed to minimize impact and protect the health, safety, and welfare of the residents of the town. No more than one sexually oriented business use may occupy a single building or lot, and such uses may not be accessory uses to another business. The sale of fuel, alcoholic beverages for off-site consumption, massage, or shower or bath services is prohibited within a sexually oriented business.

(2) Examples. Examples of adult entertainment uses include sexually oriented media stores (adult book stores), sex shops (sexual paraphernalia store), sexually oriented cabarets (strip clubs), and sexually oriented motion picture theatres.

(B) Animal care.

(1) Characteristics. The animal care use category is characterized by uses related to the provision of medical services, general care, and boarding services for domestic animals.

(2) Examples. Examples of animal care use types include animal shelters, animal grooming, kennels (outdoor and indoor), and veterinary clinics.

(1) Characteristics. The daycare use category includes use types that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence typically for less than 24 hours per day. Care can be provided during daytime or nighttime hours. Accessory uses not integral to the principal use type include offices, kitchens for food preparation, recreation areas, and parking.

(2) Examples. Example use types include adult care centers, child care centers, and preschools. Preschools are intended to provide limited educational or training services, while other child daycare uses are not.

(D) Hotels/motels.

(1) Characteristics. This use category includes dwelling units arranged for short term stays of less than 30 days for rent, lease, or interval occupancy. Accessory uses may include pools and other recreational facilities, limited storage, restaurants, supporting commercial, bars, meeting facilities, and offices.

(2) Examples. Examples include bed and breakfasts, hotels or motels, timeshare establishments renting units for less than 30 days, and tourist homes.

(E) Offices.

(1) Characteristics. The office use category includes activities conducted in an office setting and that generally focus on business, professional, or financial services. Accessory uses may include cafeterias, daycare facilities, recreational or fitness facilities, parking, and supporting commercial, or other amenities primarily for the use of employees in the firm or building.

(2) Examples. Example use types include business services; professional services such as lawyers, accountants, engineers, or architects; financial services such as lenders, banks, brokerage houses, or real estate agents; medical offices, such as doctors and dentist offices; and sales.

(F) Recreation, indoor.

(1) Characteristics. The indoor recreation use category includes privately owned uses that provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include offices, concessions, snack bars, parking, and maintenance facilities.

(2) Examples. Examples include fitness centers, bowling alleys, go cart tracks, game rooms, shooting ranges, dancehalls, skating rinks, indoor commercial swimming pools, racquetball, squash, and tennis club facilities (indoor) as well as theatres, which includes cinemas, screening rooms, and stages.

(G) Recreation, outdoor.

(1) Characteristics. The outdoor recreation use category includes large, generally commercial uses that provide continuous recreation or entertainment-oriented activities that primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include concessions, parking, and maintenance facilities.

(2) Examples. Examples include privately-owned stadiums, amphitheaters, or arenas; private golf driving ranges and courses; privately-owned miniature golf facilities; go cart, race track, or dirt track; drive-in movies; privately-owned outdoor commercial tourist attractions, water, and amusement parks; swimming pools; campgrounds; and privately-owned active sports facilities such as ballfields and tennis courts.

(H) Restaurants.

(1) Characteristics. The restaurant use category includes establishments that sell food for on- or off-premises consumption. Accessory uses may include bars or cocktail lounges associated with the establishment, decks and patios for outdoor seating, drive through facilities, facilities for live entertainment or dancing, customer and employee parking areas, and valet parking facilities.

(2) Examples. Examples include restaurants, bakeries, dinner theatres, or other establishments that sell food.

(I) Retail sales and services.

(1) Characteristics. The retail sales and services use category includes use types involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale, concessions, ATM machines, outdoor display/sales areas, and parking. Use types within this use category have been categorized based on their intensity, scale, and function.

(2) Examples. Example use types include uses from the following groups.

(i) Bar, nightclub, or similar establishment. A use primarily devoted to the sale of alcoholic beverages for on-site consumption, along with dancing or other forms of entertainment (including live performances), and in which the sale of food is incidental.

(ii) Crematory. A use engaged in the cremation of human or animal remains.

(iii) Retail/service use with gasoline sales. A use engaged in the retail sale of gasoline and similar vehicular fuels that may or may not provide the range of goods or services associated with a Type I or Type II Retail Use.

(iv) Type I Retail Use. Type I Retail Uses include small-scale uses that are 5,000 square feet in size or less, that are intended to be “convenience” retail that serves the general area or neighborhood in which they are located. Type I Retail Uses include, but are not limited to, the following types of low intensity retail uses:

(a) Financial institutions;

(b) Laundromats, and dry-cleaning drop-off establishments;

(d) Mailing or packing services;

(e) Coffee shops and retail bakeries;

(f) Hair, tanning, and nail salons; personal care services;

(g) Massage therapy and day spas;

(h) Stores selling books, clothing, and dry goods;

(i) Income tax return preparers;

(j) Repair and servicing of appliances, electronics, and other small items or equipment;

(k) Tailoring and shoe repair; and

(l) Locksmith.

Type I Retail Uses exceeding 5,000 square feet in size are Type II Retail Uses.

(v) Type II Retail Use. Type II Retail Uses can be thought of as “destination” retail that generally serves groups of neighborhoods and are appropriate near neighborhood edges and along collector streets. Type II Retail Uses are larger in scale and intensity than Type I Retail Uses, but do not include any outdoor storage or display. These establishments may be up to 50,000 square feet in size. Examples of Type II Retail Uses include stores selling, leasing, or renting consumer, home, and business goods, whether new or used, art, art supplies, electronic equipment, fabric, furniture, flowers, groceries and food sales, household products, jewelry, recorded music, pets, pet food, pharmaceuticals, plants, printer material, stationary, and videos; photocopy and blueprint services; psychics and mediums; funeral homes and mortuaries. Any Type I Retail Use exceeding 5,000 square feet in size is classified as a Type II Retail Use.

(vi) Type III Retail Use. Type III Retail Uses are appropriate along major thoroughfares and in primarily nonresidential areas. These types of retail uses generally provide a range of goods and services that are regional in scale, and have the highest square footage and intensities of the retail use types, are auto oriented, and often include some form of outdoor storage or display. Examples of Type III Retail Uses include all retail uses which are more than 50,000 square feet in size; home improvement, hardware, and garden supply stores; businesses selling, servicing, and repairing recreational vehicles, boats and similar items, mobile home sales lots, building material sales; car, truck, and tool rental equipment yards; farm and machinery sales; and tattoo parlor or body piercing establishments. Any Type II Retail Use exceeding 50,000 square feet in size is classified as a Type III Retail Use.

7.2.6 Industrial Use classification.

(A) Extractive industry.

(1) Characteristics. The Extractive Industry Use category includes businesses that are engaged in the extraction, removal, or basic processing of minerals, liquids, gases, or other natural resources. Such uses also include quarrying, well operation, mining, or other procedures typically done at an extraction site. Accessory uses include offices, wholesale sales, security or caretakers quarters, outdoor storage, and maintenance facilities.

(2) Examples. Typical uses include quarries, borrow pits, and sand and gravel operations.

(B) Industrial services.

(1) Characteristics. The Industrial Services Use category includes the repair or servicing of industrial, business, or consumer machinery, equipment, products, or byproducts. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include limited retail or wholesale sales, offices, parking, warehousing, and outdoor storage.

(2) Examples. Example use types include machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; heavy equipment sales, rental, repair, or storage; heavy equipment servicing and repair; building, heating, plumbing, or electrical contractors; fuel oil distributors; research and development facilities; and laundry, dry-cleaning, and carpet cleaning plants

(1) Characteristics. The Manufacturing and Production Use category includes firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory uses may include retail or wholesale sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, fueling facilities, and security and caretaker’s quarters.

(i) Heavy manufacturing. Heavy manufacturing is the manufacture or compounding process of raw materials. These activities may involve outdoor operations as part of their manufacturing process.

(ii) Light manufacturing. Light manufacturing is the mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration.

(2) Examples.

(i) Heavy manufacturing. Example use types of heavy manufacturing include, but are not limited to: manufacture or assembly of textiles, machinery, equipment, instruments, vehicles, appliances; rendering; concrete production; asphalt plants; glass and plastic production; cardboard fabrication; and petroleum refining.

(ii) Light manufacturing. Example use types of light manufacturing include: production or repair of small machines or electronic parts and equipment; sewing or assembly of textiles into consumer products; woodworking and cabinet building; publishing and lithography; computer design and development; communications equipment, precision items, and other electrical items; research, development, and testing facilities and laboratories; sign making, assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of medical devices and instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item.

(D) Self storage.

(1) Characteristics. The Self Storage Use category is characterized by uses that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Accessory uses may include living quarters for a resident manager, security and leasing offices, and outside storage of boats and campers. Use of the storage areas for sales, service, repair, or manufacturing operations is prohibited, and not considered accessory to the use.

(2) Examples. Example use types include facilities that provide individual storage areas for rent. These uses are also called “mini-warehouses”.

(E) Warehousing and distribution.

(1) Characteristics. The Warehousing and Distribution Use category includes establishments that are involved in the storage or movement of goods for themselves or other firms or businesses. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses include offices, truck fleet parking, outdoor storage, and maintenance areas.

(2) Examples. Example use types include separate warehouses used for storage by retail stores such as furniture and appliance stores; warehouses used for distribution by trucking companies; household moving and general freight storage; cold storage plants, including frozen food lockers; outdoor storage, and parcel services.

(F) Wholesale sales.

(1) Characteristics. The Wholesale Sales Use category includes firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or taking of orders and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. Accessory uses may include offices, product repair, warehouses, minor fabrication services, outdoor storage, and repackaging of goods.

(2) Examples. Examples include the sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, plants and landscaping materials, auto parts, and building hardware.

§ 7.3 USE SPECIFIC STANDARDS.

Use specific standards are the requirements applied to individual use types regardless of the zoning district where they are located, or the review procedure under which they are approved. This section is intended to list the use specific standards for all principal uses identified in the use tables. These standards may be modified by other applicable requirements in this ordinance.

7.3.1 Residential uses.

(A) Household living.

(1) Duplex dwelling.

(i) The minimum lot size for a duplex dwelling is 150% of the minimum lot size of the district in which it is located.

(ii) The minimum lot width for a duplex dwelling is 150% of the minimum lot width of the district in which it is located.

(iii) No more than one duplex dwelling may be established on a single lot.

(iv) All mechanical equipment must be located at the side or rear of the structure and screened from public view.

(v) Each unit in a duplex must be served by an individual driveway with a minimum separation of at least 30 feet between the interior edges of the driveways.

(vi) Any parking area exceeding the width of a standard residential driveway must be located at the rear of the structure.

(2) Manufactured home. All manufactured homes must comply with the following standards:

(i) The manufactured home must 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 its construction;

(ii) The manufactured home has a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;

(iii) The manufactured home has a minimum of 1,200 square feet of enclosed and heated living area;

(iv) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;

(v) The manufactured home shall be set up in accordance with the standards set by the state’s Department of Insurance;

(vi) The front entrance to the manufactured home has stairs and a porch, the porch being at least four feet by six feet in size. Stairs, porches, and entrance platforms, ramps, and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the state’s Building Code;

(vii) The pitch of the roof of the manufactured home shall have a minimum vertical rise of three feet for each 12 feet of horizontal run and the roof is finished with a type of composition shingle that is commonly used in standard residential construction;

(viii) The roof eaves and gable overhangs shall be 12-inch minimum (rain gutters may be included in the minimum dimensions);

(ix) Each manufactured home shall only be used for single-family occupancy;

(x) All manufactured homes shall comply with the Federal Housing Administration requirements relative to tie downs; and

(xi) The moving hitch, wheels, and axles shall be removed and the transporting lights shall be removed.

(xii) A permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed under the perimeter of the manufactured home; and

(xiii) The electrical meter servicing the manufactured home shall be mounted (attached) directly to the manufactured home.

(3) Multi-family dwelling.

(i) Internal separation. Structures must be separated by a minimum of 20 feet.

(ii) Setbacks. One story structures must be set back at least 25 feet from all adjoining property lines and multiple story structures must be set back an additional ten feet per story. A minimum ten-foot setback is required from all vehicle parking areas and a 15-foot setback is required from internal driveways. No multi-family structure shall front directly on a public street.

(iii) Access. Multi-family developments must have direct access to a thoroughfare or collector street.

(iv) Parking areas. No parking area may be located within any required setback.

(4) Townhouse dwelling.

(i) Maximum number of units per structure. No more than six dwelling units are allowed per individual structure.

(ii) Internal separation. Structures must be separated by a minimum of 20 feet.

(iii) Lot size. The minimum lot size per townhome is 3,500 square feet.

(iv) Access. Townhome developments must have direct access to a thoroughfare or collector street. Townhouses along public streets may not have individual access points.

(v) Parking areas. No parking area may be located within any required setback.

(vi) Alley loaded. Alley-loaded townhomes may have a reduced rear setback of 10 feet when built adjacent to an existing multi-family or townhome development in a moderate, to high-intensity zoning district as defined per Article 10.2(A).

(vii) Buffers. Buffers in alley-loaded townhome developments may be eliminated when adjacent to an existing multi-family or townhome development located in high-intensity zoning district. In medium-intensity zoning districts, when adjacent to an existing multi-family or townhome development, these may be reduced by 50%.

(B) Group living.

(1) Group homes and halfway houses. Group homes and halfway houses may only be established in locations that are at separated by a distance of at least 2,600 feet (approximately one-half mile) from any other group home or halfway house.

(2) Rooming houses. A rooming house shall comply with the following standards:

(i) No more than five renters shall be permitted at any one time;

(ii) The owner shall maintain the house as their primary residence;

(iii) Sleeping rooms in a rooming house shall:

(a) Not include individual kitchen facilities; and

(b) Be accessed via a common room or hallway, and shall not have individual access to the outside (except for emergency exits).

7.3.2 Institutional uses.

(A) Cemetery. A cemetery as a new use shall have a minimum size of three acres, and no wall, marker, or grave site shall be located within 25 feet of a street right-of-way or adjacent lot under separate ownership.

(B) Utilities.

(1) Major utility. Any major utility under private ownership shall require approval of a special use permit.

(2) Telecommunications facility; collocation on an existing tower. A telecommunications facility may be collocated on an existing tower only if it complies with the following standards.

(i) It is demonstrated the tower can accept the additional loading created by the collocation.

(ii) A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless a monopole is determined more appropriate at the specific location.

(iii) All ground-based equipment shall comply with the landscaping and security fencing requirements for freestanding telecommunications facilities in division 7.3.2(B)(3)(viii).

(3) Telecommunications facility, freestanding. New freestanding telecommunications facilities shall comply with the standards in this division 7.3.2. These regulations shall not apply to noncommercial amateur/ham radio towers.

(i) Special use permit required.

(a) All new freestanding telecommunications facilities shall obtain a special use permit.

(b) Applicants for a new freestanding telecommunications facility shall clearly demonstrate that a stealth facility is not a viable option.

(c) Any improvement or replacement of an existing freestanding telecommunications facility shall require approval of a special use permit in accordance with the standards in this section. Routine maintenance shall be exempted from this requirement.

(ii) Collocation required. It is the intent of the town to encourage providers to collocate facilities in an effort to reduce the number of telecommunication towers in the town’s zoning jurisdiction. New freestanding telecommunications facilities shall be subject to the following requirements.

(a) No new freestanding telecommunications facility may be located within 3,000 linear feet (as measured using the shortest straight line distance) of an existing water tower, power transmission tower, or similar feature unless the applicant can demonstrate that collocation was pursued but rejected by the owner of the existing water tower, power transmission tower, or similar feature.

(b) No freestanding telecommunications facility may be located within 1,500 linear feet of an existing freestanding telecommunications facility unless the applicant can demonstrate that collocation is not a viable option.

(c) The town may require, as a condition of approval, telecommunication service providers to notify other telecommunication service providers of the fact that space on a new freestanding telecommunications facility is available on a lease basis, and to negotiate in good faith with other providers to provide space on existing freestanding telecommunication facilities at a reasonable lease cost.

(iii) Design.

(a) All telecommunication towers shall be of a monopole design and construction.

(b) The town may require the freestanding telecommunications facility be camouflaged to blend with its surroundings through creative placement, painting, or other approaches.

(iv) Maximum height.

(a) The maximum height of all wireless communication towers shall be 199 feet.

(b) No variance to the maximum height shall be granted by the Board of Adjustment unless the applicant can demonstrate the maximum height requirement inhibits the provision of adequate service levels. In no case shall a variance allow a tower to exceed 230 feet in height.

(v) Location and setbacks.

(a) New freestanding telecommunications facilities shall be setback from all lot lines a distance equal to the collapse area or fall zone of the tower in order to prevent encroachment onto adjoining properties in the event of a collapse or structural failure. The facility’s fall zone shall be determined by an engineer certified in North Carolina in a letter which includes the engineer’s signature and seal.

(b) When located on a lot within a Residential Base Zoning District, the new freestanding telecommunications facility may only be located to the rear of the principal structure(s).

(c) When located on a lot within a nonresidential district, the new freestanding telecommunications facility shall be located to the side or rear of the principal structure.

(d) When the new freestanding telecommunications facility is the principal use on a lot, it shall be located to minimize the visibility of the ground-based equipment from residential uses and street rights-of-way.

(vi) Federal radio frequency emission standards compliance. Applicants for a new freestanding telecommunications facility shall provide documentation that the proposed facility will comply with all federal radio frequency emission standards.

(vii) Design of accessory structures. All ground-based accessory structures shall use the same materials and architectural components of the principal use on the site and shall be designed to resemble the basic architecture of surrounding structures to the maximum extent practicable. In cases where the facility is not the sole use of land, the equipment shall be located within an existing structure to the maximum extent practicable.

(viii) Screening required.

(a) All sides of the perimeter of the freestanding telecommunications facility shall be screened with a 100% opaque screening device.

(b) In addition to required landscape screening, a minimum eight-foot-high fence is required around the base of the facility (and any equipment buildings(s), with the required landscape screening to be located on the outside of the fenced area. It shall be the responsibility of the provider or land owner to keep all landscape material free from disease and properly maintained. Any vegetation that constitutes part of the screening shall be replaced if it dies.

(ix) Evidence of no negative impact required. Telecommunication towers can be denied on the basis of negative influence on property values or on aesthetic concerns provided that there is evidence to demonstrate the impact on adjacent property owners will be significant. Decision makers must clearly state the reasoning and available evidence of the impact on adjacent property values if the request is denied on this basis.

(x) Lighting of freestanding telecommunications facilities.

(a) Applicants for new freestanding telecommunications facilities intended to include obstruction lighting shall provide documentation from the Federal Aviation Administration or other appropriate agency that obstruction lighting is required.

(b) Exterior lighting of accessory structures or equipment areas shall be equipped with motion detectors or other appropriate devices intended to prevent the area from being illuminated for long periods of time while not being serviced or maintained. Such exterior lighting shall be shielded and directed away from residential uses and street rights-of-way.

(xi) Removal due to abandonment. Freestanding telecommunications facilities and related equipment shall be removed if abandoned or no longer used for its original intent for a period greater than 365 consecutive days.

(xii) Signage. Freestanding or attached signs are prohibited. Wall signs limited to identification are allowed on equipment structures or fences surrounding the facility, provided each individual sign does not exceed nine square feet in size. Any signage must be specifically addressed during the special use permit review process.

(xiii) No outdoor storage. Outdoor storage is prohibited.

(xiv) Application content. All applications for a new freestanding telecommunications facility shall include all the following information in addition to any other required information:

(a) Identification of intended providers(s);

(b) Documentation by a registered engineer that the facility has sufficient structural integrity to accommodate more than one user, if applicable;

(c) A statement from the owner indicating intent to allow shared use of the facility and how others will be accommodated, if applicable;

(d) Evidence that the owners of residentially-zoned land within 300 feet of the site have been notified regarding the proposed facility height and design; and

(e) Documentation of an intended facility structural failure collapse area, if applicable.

(4) Solar farm.

(i) Provide a Type B buffer strip around the solar farm.

(ii) Provide a decommissioning plan for the property signed by the owner of the solar farm, the land owner, and which is acceptable to the Ordinance Administrator, that includes, at a minimum, the following provisions.

(a) Decommissioning will occur as a result of any of the following conditions:

1) The land lease, if any, ends;

2) The system does not produce power for 12 months; or

3) The system is damaged and will not be repaired or replaced.

(b) The owner of the solar farm, or in the absence of the owner of the solar farm, the owner of the property (the “responsible person”) will be responsible for decommissioning.

1) Remove all non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade;

2) Remove all graveled areas and access roads unless the owner of the leased real estate requests in writing for it to stay in place;

3) Restore the land to a condition reasonably similar to its condition before solar farm development;

4) Revegetate any cleared areas with warm season grasses that are native to the region, unless requested in writing by the owner of real estate not to revegetate; provided, however, the property must meet all applicable stormwater, erosion control, and other environmental standards following decommission; and

5) All decommissioning will be completed within 12 months of the first to occur of the events specified in division 7.3.2(B)(4)(ii)(a) above.

(iii) The decommissioning plan shall be included as an exhibit to the special use permit. Any changes to the decommissioning plan must be executed by the same parties as the original decommissioning plan, approved by the Ordinance Administrator, and recorded by the town in the office of the County Register of Deeds at the expense of the owner of the solar farm. Where there is no change to the decommissioning plan but ownership of the solar farm changes, the existing owner of the solar farm will notify the Ordinance Administrator of the change in ownership prior to the change of ownership taking effect and a notice of the new owner of the solar farm will be recorded by the town at the expense of the owner of the solar farm.

(iv) Solar panels will be limited to a maximum of ten feet in height.

(v) For the purposes hereof, the owner of the solar farm shall be:

(1) The person leasing the land upon which the solar farm is located; or

(2) Where the land upon which the solar farm is located is not leased, the owner of the land upon which the solar farm is located.

7.3.3 Commercial uses.

(A) Adult entertainment. Adult entertainment establishments, as defined in the G.S. § 160A-181.1, are recognized as having certain serious objectionable operational characteristics upon adjacent residential neighborhoods, religious institutions, or educational facilities. Special regulation of these uses is necessary to ensure that their adverse effects do not contribute to degradation or decline of surrounding areas. Adult entertainment uses shall be subject to the following separation distances.

(1) Minimum separation required.

(i) No adult entertainment establishment shall be located within 500 linear feet of any residential zoning district or residential use.

(ii) No adult entertainment establishment shall be located within 500 linear feet of any religious institution, any public or private elementary school, middle school, high school, or daycare.

(iii) No adult entertainment establishment may be established within 1,000 feet of any other adult entertainment establishment.

(2) Additional standards.

(i) Adult entertainment uses shall be constructed of all brick and shall bear the appearance of a professional place of employment.

(ii) No adult establishment shall front on an arterial or major thoroughfare.

(iii) Free standing signage shall be limited to one monument sign constructed of brick to match the principal structure. The monument shall not exceed six feet in height with a maximum copy area not to exceed 20 square feet.

(iv) Wall signage shall be limited to 5% of the front facade.

(v) Sign copy shall be limited to the name of the establishment only.

(vi) All signage, if lighted, shall be internally lighted.

(vii) Neon colors and lights shall be prohibited on the exterior of the building, on the monument, and all exteriors doors and windows.

(viii) There shall be a window or functional articulation for 25% of the front facade and 10% for each side facade.

(ix) All parking shall be on the side or rear of the building and shall provide a five-foot wide planting strip around the perimeter of the parking area with evergreen shrubs (minimum two gallon in size at planting) planted five feet off center.

(x) A Type C buffer strip shall be established along all side and rear property lines.

(B) Animal care.

(1) Commercial kennel, outdoor. Outdoor kennels shall comply with the following requirements:

(i) Minimum lot size. Outdoor kennels shall have a minimum lot size of five acres for the housing of one to ten animals. For each acre above five acres provided, an additional seven animals may be housed on the site, up to 45 animals.

(ii) Additional standards.

(a) Outdoor kennels shall maintain a minimum setback of 500 linear feet from any residential use on a different lot.

(b) All structures associated with an outdoor kennel shall maintain a minimum setback of 150 feet from all lot lines.

(c) Outdoor kennels shall maintain sewage disposal system and sanitation control methods as approved by the Granville-Vance District Health Department, including, but not limited to, the sanitary removal or disposal of solid waste, carcasses, or any other similar items.

(1) Bed and breakfast inns.

(i) Bed and breakfast inns shall be limited to lots fronting thoroughfares or collector streets, and shall only be located in a structure which was originally constructed as a single-family dwelling.

(ii) Single-family homes used as a bed and breakfast inn shall not subdivide existing rooms into individual sleeping rooms smaller than 120 square feet in size.

(iii) A bed and breakfast inn shall be owner-occupied.

(iv) All guest parking shall be to the rear of the home, and shall include at least one off-street parking space per sleeping room.

(v) The number of sleeping rooms shall be limited to a maximum of six.

(vi) There shall only be one kitchen facility, and all meals served on the premises shall be for overnight guests.

(D) Recreation, indoor.

(1) Indoor equine stable/riding academy. Stables shall maintain a minimum setback of 50 linear feet from any residential use on a different lot.

(E) Recreation, outdoor. Outdoor recreation facilities are encouraged to be built adjoining school campuses, parks, greenbelts, parkways, and greenways, and shall be subject to the following requirements:

(1) Outdoor equine stable/riding academy. Stables shall maintain a minimum setback of 50 linear feet from any residential use on a different lot.

(2) Athletic fields and clubhouses.

(i) All athletic fields and clubhouses shall be setback at least 50 feet from any adjacent residential use on a different lot.

(ii) Athletic fields that include exterior lighting facilities shall be subject to the requirements in § 8.3, Outdoor Lighting.

(3) Swimming pools.

(i) All swimming pools open to the public shall comply with Rules Governing Swimming Pools (15A NCAC 18A .2500) available from the Granville-Vance District Health Department, as well as all other state and federal regulations.

(ii) All swimming pools open to the public shall be setback at least 50 feet from any adjacent residential use on a different lot.

(iii) Pools shall be screened from any existing or proposed residential land with a Type B perimeter buffer.

(4) Tennis courts.

(i) All lighted tennis courts open to the public shall be setback at least 50 feet from any adjacent residential use on a different lot.

(ii) Lighted tennis courts open to the public shall be screened from any existing or proposed residential land with a Type B perimeter buffer.

(F) Retail sales and services.

(1) Bars, nightclubs, and similar establishments.

(i) Outdoor decks and patios shall be on the side or rear of the building and screened from the street right-of-way.

(ii) Bars, nightclubs, or similar establishments shall not be located within 500 feet of an existing residential use.

(2) Retail/service use with gasoline sales.

(i) Gasoline pumps, canopies, and associated service areas are prohibited in any established front yard setback.

(ii) All exterior lighting for the building, parking area, gas islands, and canopies shall be 100% cutoff.

(iii) Drive through windows and their associated stacking lanes, and circulation shall be prohibited in the front of the building. Drive through windows, stacking lanes, and circulation shall only be allowed in a side yard abutting a street when screened by a street wall.

(iv) Trash containers shall be fully screened by a wall that is constructed of the same material as the principal structure. Trash containers shall be located in the rear yard so as to minimize their visibility from adjacent public streets or other public gathering areas.

(v) Signs attached to the canopy shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached.

(3) Tattoo parlor/body piercing establishments.

(i) Tattoo parlors and body piercing establishments shall be located at least 500 feet from any existing residential use or any lot containing a community service or religious or civic institution.

(4) Type I Retail Uses.

(i) Type I Retail Uses shall not exceed 5,000 square feet of gross floor area per individual use or establishment.

(5) Type III Retail Uses.

(i) Motorcycle, boat, recreational vehicle, heavy equipment, and manufactured home sales or service. The size of any single surface parking lot shall be limited to three acres, unless divided by a street, principal building, or interior landscaping. No outdoor public address system shall be allowed.

(ii) Automotive repair and service. Automotive repair and service uses shall:

(a) Be located at least 250 feet from any residential zoning district or existing residential use;

(b) Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements;

(d) Ensure that repair and storage of all vehicles shall occur within an enclosed building (temporary outdoor vehicle storage may be allowed in an opaque fenced or walled-off area no larger than 25% of the lot and located behind or to the side of the principal structure), and limit outdoor storage to areas to the side or rear of buildings;

(e) Have no outdoor speaker or public address system;

(f) Provide adequate, enclosed trash storage facilities on the site;

(g) Locate service bay entrances to the sides or rear so as to minimize their visibility from public streets;

(h) May store one vehicle as a source of parts for no more than one week within an enclosed area that is not visible from any adjacent street or property;

(i) Not store or park a vehicle that has been repaired and is awaiting removal for more than 30 consecutive days. In cases where a vehicle has been abandoned by its lawful owner prior to or during the repair process, the vehicle may remain on site as long as is necessary after the 30-day period, provided the owner or operator of the establishment can demonstrate steps have been taken to remove the vehicle from the premises using the appropriate legal means, or he or she is enforcing his or her rights under a mechanic’s lien; and

(j) Any vehicles for sale or lease/rent may not be parked in the right-of-way, or in required parking spaces, loading spaces, stacking spaces, or drive aisles required according to Article 12 of this ordinance.

(6) Automobile sales in the Central Business District.

(i) Be located at least 250 feet from any residential zoning district;

(ii) Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements;

(iii) Provide adequate parking for customers and employees;

(iv) For any accessory automobile service, repair shall be limited to minor automotive repair or routine maintenance only for vehicles sold at that location, occur within an enclosed building, and limit outdoor storage of vehicles awaiting repair to the side or rear of buildings;

(v) Have no outdoor public address system;

(vi) Provide adequate, enclosed trash storage facilities on the site;

(vii) Not park or store a vehicle as a source of parts; and

(viii) Parking areas for inventory must be landscaped to the same standard as any other parking lot.

(7) Microbrewery or microdistillery.

(i) A microbrewery cannot exceed 10,000 square feet floor area. A brewpub cannot exceed a total of 20,000 square feet of gross floor area in size, and the maximum gross floor area of a brewpub that may be devoted to the production or manufacturing of beverages with alcoholic content shall be 10,000 square feet.

(ii) Microbreweries and microdistilleries shall include one or more accessory uses such as a tasting room, tap room, restaurant, retail, demonstration area, education and training facility, or other use incidental to the facility and open and accessible to the public.

(iii) No manufacturing of alcohol and alcoholic beverage shall produce or create any noxious smells or odors detectable to the public from the public right-of-way.

(iv) Storage of materials, including silos, products for distribution, and other items requiring long-term storage shall be allowed in areas behind building, in enclosed buildings, or otherwise screened from the public right-of-way or pedestrian way.

(G) Recreation vehicle park. Recreational vehicle (RV) parks must comply with the following requirements:

(1) General design standards.

(i) All RV parks shall be a minimum of three acres in size.

(ii) A minimum of 8% of the total land area shall be set aside as common open space. These open spaces shall be separate from the individual RV sites, hereinafter referred to as campsites, and shall be grouped and of a character suitable for active and passive recreation and shall be reasonably located for safe and convenient access to residents. This open space may be developed with structures for recreational or community gathering uses such as with a swimming pool or covered picnic area.

(iii) A buffer must be provided around the perimeter of the property. At a minimum, this buffer must meet the requirements for a Type A buffer strip as specified in Article 10 of this ordinance. For RV parks being subdivided out of a mobile home park existing on September 24, 2008, this buffer may be reduced along that boundary where the RV park abuts the existing mobile home park if existing utilities make planting new vegetation an unreasonable hardship. Said owner or operator must demonstrate in a written request to the Ordinance Administrator that complying with the requirements of this division 7.3.3 would cause the owner or operator an unreasonable hardship. The Ordinance Administrator shall determine, in his or her reasonable discretion, when such an unreasonable hardship exists.

(iv) All public road frontages shall be planted with a streetyard planting area as specified in § 9.5 of this ordinance.

(v) Campsites shall be graded and maintained to prevent any water from ponding or accumulating within the park. Each campsite shall be properly graded to obtain a reasonably flat area and to provide adequate drainage away from the campsite.

(vi) Each campsite shall be located at least 30 feet from the edge of any publicly-maintained street or road; provided, however, in those cases where an RV park is being subdivided from a mobile home park existing as of September 24, 2008 which already has in place underground water, sewer, and power servicing existing lots, this requirement may be waived by the Ordinance Administrator following a written request from an owner or operator of the existing mobile home park. Said owner or operator must demonstrate in its written request that complying with the requirements of this division 7.3.3 would cause the owner or operator an unreasonable hardship. The Ordinance Administrator shall determine, in his or her reasonable discretion, when such an unreasonable hardship exists.

(vii) RV parks shall be designed to prevent overcrowding, fire hazards, and to provide sufficient light and air. Every campsite shall be a minimum of 2,000 square feet in area and shall have a minimum average width of 25 feet.

(viii) All RVs must be a minimum of 15 feet apart.

(ix) Each campsite must be identified by a permanent number which may not be changed. The appropriate number of each campsite shall be permanently displayed on each space.

(x) All RV parks must meet the minimum standards and requirements set forth in the International Building Code with state amendments for sanitation and plumbing installations, accommodations, use, and any associated parking.

(xi) All service structures shall be maintained in a clean and sanitary condition and kept in good repair at all times. Structures shall be safely and adequately illuminated. Facilities shall be easily accessible and conveniently located to all users of the RV park. All structures shall be constructed in accordance with the International Building Code with state amendments and shall meet Building Code and/or LDO setback requirements, whichever is more restrictive.

(xii) No permanent accessory structures such as carports, cabanas, or decks may be constructed for use in connection with any campsite within the RV park. At-grade patios and uncovered steps are permissible.

(xiii) All RV parks shall provide appropriate watershed protection and flood damage prevention as required in Articles 15 and 16 in this ordinance.

(2) Parking and streets.

(i) A minimum of one and one-half parking spaces per campsite shall be provided. Each campsite must have enough space, one parking space, and enough room for a RV to back into the campsite. Additional parking may be provided on individual campsites or in a common parking area.

(ii) All streets and parking areas shall be surfaced with a minimum of six inches of compacted stone and shall be maintained in a smooth, well-graded condition. All internal roads shall be capable of supporting the imposed load of fire apparatus in accordance with the Fire Apparatus Roads Standard in the state’s Fire Code (N.C. Fire Code § 503).

(iii) All streets and parking areas shall be maintained in a manner to be free from potholes, breaks in the pavement (if applicable), rough surfaces, ponding of water, and associated problems which would impede or cause hazards to motor vehicles.

(iv) All internal streets must be a minimum of 24 feet in width for two-way traffic and 14 feet in width for one-way traffic. Such streets shall be well-maintained and clearly identified. All streets within the RV park shall be privately owned and maintained.

(v) Each campsite shall abut an internal street in the RV park. No campsite shall have direct vehicular access to a public road.

(vi) Terminal streets within the RV park shall not exceed 800 feet.

(vii) Any dead-end street shall provide a permanent turnaround with a minimum radius of 50 feet.

(viii) RV parks with only one point of external access shall provide at least one permanent turnaround within the RV park.

(3) Utilities.

(i) Water.

(a) An accessible, adequate, safe, and potable supply of water shall be required for each campsite. Where a public or municipal water system exists within 1,000 feet of the RV park, the park shall be connected to such system.

(b) When a public water supply is not available, a community water supply may be developed and its supply used exclusively in accordance with all applicable state, federal, and local laws, rules, and regulations.

(ii) Sewer.

(a) All sewage waste from each RV park, including wastes from toilets, showers, bathtubs, lavatories, wash basins, sinks, and water using appliances not herein mentioned shall be disposed of by an approved sewage disposal system.

(b) Adequate and safe sewage disposal facilities shall be provided at each campsite in any RV park. Where a public or municipal sewer system exists within 1,000 feet of the RV park, the owner shall connect to such a system.

(c) When a public or municipal system does not exist within 1,000 feet, a sewage disposal and treatment system complying with all applicable state, federal, and local laws, rules, and regulations shall be provided.

(iii) Electrical.

(a) Each campsite in the RV park shall have an electric service in compliance with the most recently published version of the National Electric Code.

(4) RV park operation.

(i) The person to whom a zoning permit for an RV park is issued to shall operate the RV park in compliance with this ordinance and shall be responsible for maintaining the RV park, its facilities and equipment in good repair and in a clean and sanitary condition.

(ii) The RV park owner is responsible for notifying its visitors of all applicable provisions of this ordinance and informing them of their responsibilities under this ordinance.

(iii) The RV park owner shall be responsible for refuse collection. Storage, collection, and disposal of refuse shall be managed so as not to create health hazards, rodent harborage, insect-breeding areas, accident, fire hazards, or air pollution. All dumpsters shall be screened according to § 8.2 of this ordinance.

(iv) Swimming pools or bathing areas shall be installed, altered, improved, and used in compliance with applicable state, federal, and local laws, rules, and regulations. Any bathing area shall require the approval of the County Health Department.

(v) Except as specifically permitted by this division 7.3.3(G)(4), it shall be unlawful to locate a mobile home in an RV park. One mobile home shall be permitted per 100 campsites to be used as a residence for persons responsible for the operation and/or maintenance of the RV park.

(vi) No more than one RV may be parked per campsite. RVs shall not be permitted to park in areas other than those approved as campsites according to these regulations on an approved site plan with all utilities completed.

(vii) The transfer of title of campsites, either by sale or by any other manner shall be prohibited within an RV park as long as the RV park is in operation.

(viii) The owner and/or operator of an RV park shall ensure that no RV remains in the owner and/or operator’s RV park for more than 18 months out of any 24-month period. The burden of establishing compliance with this requirement shall be on the RV park owner and/or operator and the RV park owner and/or operator shall maintain sufficient records to prove the length of each occupant’s stay.

(H) Indoor shooting range. Indoor shooting ranges must comply with the following standards.

(1) All shooting range facilities shall be designed and operated in a manner to contain all bullets, shot, arrows, or other projectiles or any other debris on the range facility.

(2) The walls, ceiling, and floor of an indoor shooting range must be constructed such that any rounds, ammunition, or projectiles utilized in the firing range cannot penetrate the walls, ceiling, or floor of the firing range under any operating circumstances.

(3) All indoor ranges shall be properly ventilated to meet OSHA standards for lead exposure.

(4) No exploding targets shall be allowed.

(5) Noise generated from shooting range facilities shall not escape the facility property or boundary lines at levels greater than 60 dBA or decibel. It shall be the responsibility of the shooting range owner to mitigate and verify escaping noise levels.

(6) All structures and facilities shall adhere to all federal, state, and local regulations and code requirements.

(7) All indoor shooting ranges shall have a range supervisor at the facility during all hours of operation. The range supervisory shall have obtained a certificate of completion of the Nation Rifle Association’s Firearms Safety Course, or an equivalent course conducted by an appropriate governmental agency, educational institution, or nationally recognized private firearms safety training certification organization.

(8) Any firearms training offered on the premises shall be taught by an instructor with the proper instructor qualification certification for the type of course such an instructor is to teach by the National Rifle Association or equivalent certification by an appropriate governmental agency, educational institution, or nationally recognized private firearms instructor certification organization.

(9) All indoor shooting ranges shall have a safety plan.

(10) Rules and regulations regarding the operation of the range shall be posted in a manner to be visible to all participants of the facility.

(11) Indoor shooting ranges may only be located in stand alone buildings, not in shopping centers.

(12) No storage of lead, ammunition, firearms, gunpowder, or other hazardous or dangerous materials shall be stored in an accessory structure. No cleaning or repair of guns shall be allowed within an accessory structure.

7.3.4 Industrial uses.

(A) Extractive industry.

(1) Extractive industry uses shall be located at least 300 feet from any residential district, existing residential use, religious or civic institution use, community service use, daycare use, school (elementary, middle, intermediate, or senior high), or public park.

(2) Extractive industry uses shall be surrounded by a chain link or wire fence that is at least six feet high, located no less than 100 feet from any public right-of-way, and located no less than 50 feet from any adjacent property.

(3) Blasting may only be conducted between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

(B) Manufacturing and production.

(1) Concrete plant and asphalt plants.

(i) Any concrete or asphalt plant shall be located at least 50 feet from all lot lines.

(ii) All equipment and stockpiles shall be removed within one year of permanent cessation of operations.

(iii) Access roads leading to any part of the operation shall be at least 15 feet from an adjacent lot line, should be paved, and shall be maintained in such a manner so as to minimize dust creation.

(1) Commercial uses permitted on site. The only commercial uses permitted on site shall be the rental of storage bays and the pickup and deposit of goods or property in dead storage. Storage bays shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site.

(2) Security or caretaker quarters. No more than one security or caretaker quarters may be developed on the site, and shall be integrated into the building’s design.

(3) Not legal address. Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.

(4) Enclosed buildings. Except as provided in this division 7.3.4, all property stored on the site shall be enclosed entirely within enclosed buildings.

(5) Orientation of bays. Garage doors serving individual storage units shall be screened so as to not be visible from adjacent public streets.

(6) Open storage of recreational vehicles and dry storage of boats. Open storage of recreational vehicles, travel trailers, and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:

(i) The storage shall occur only within a designated area, which shall be clearly delineated;

(ii) The storage area shall not exceed 25% of the buildable area of the site;

(iii) Outdoor storage areas shall be located to the rear of the principal structure and be screened with a wooden fence or masonry wall no less than eight feet in height;

(iv) Storage shall not occur within the area set aside for minimum building setbacks; and

(v) Recreational vehicles shall be allowed on the premises for storage only.

(7) Lot area. The minimum lot area shall be least two acres.

(8) Height. With the exception of a structure used as a security or caretaker quarters, or redevelopment of an existing structure, the maximum height of a self-service storage facility shall be 20 feet. In addition, a parapet wall shall be constructed to screen roof-mounted heating and air conditioning and other equipment, if any. The combined height of the building and the parapet wall shall not exceed 25 feet.

(9) On-site circulation.

(i) Interior parking shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage bays. The minimum width of these aisleways shall be 21 feet if only one-way traffic is permitted, and 30 feet if two-way traffic is permitted;

(ii) The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist at a minimum of use of standard directional signage and painted lane markings with arrows; and

(iii) Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.

(10) Lighting. Outdoor lighting shall be the minimum necessary to discourage vandalism and theft, and shall be provided in accordance with § 8.3, Outdoor Lighting.

(D) Outdoor storage. Lots used for outdoor storage shall be fully enclosed with a fence or masonry wall no less than eight feet in height. The height of materials and equipment stored within 50 feet of the wall or fence shall not exceed eight feet in height. Perimeter or exterior walls visible from a public street or detached residential dwelling shall not include metal as a primary material.

(1) Notwithstanding anything in this ordinance to the contrary, in instances where the use of the property primarily consists of the display of automobiles or equipment for sale, a chain link or wrought-iron style fence no less than six feet in height and no more than eight feet in height shall be permitted around the perimeter of the site, including where visible from a public right-of-way. Where visible from a public right-of-way, a decorative fence to distract from the chain link fence shall be required in addition to the streetyard planting landscape requirement. Decorative fencing shall be approved by the Ordinance Administrator. Display of automobiles or equipment for sale shall be permitted within 50 feet of a fence without regard to the height of the items displayed. Outdoor storage or display of automobiles or equipment for sale, shall be a minimum of 100 feet from any adjacent property with a residential zoning. Notwithstanding anything in this ordinance to the contrary, barbed wire may be permitted by the Ordinance Administrator around the top of a fence meeting the requirements of this division 7.3.4(D)(1) where the applicant can show that the barbed wire is necessary to discourage entry by unauthorized persons.

(E) Tow service and storage.

(1) Tow storage area shall be incorporated into the overall design of the site and shall be located to the side or rear of the principal structure.

(2) Any outdoor storage of vehicles, parts, or other materials shall be fully enclosed with a fence or masonry wall no less than eight feet in height. The height of materials and equipment stored within 50 feet of the wall or fence shall not exceed eight feet in height. Perimeter or exterior walls or fences visible from a public street shall not include metal as a primary material.

(3) Tires must be stored under cover to prevent water collecting in the tires.

(4) A spill and contamination prevention plan shall be provided prior to issuance of a zoning permit that includes, at a minimum:

(i) Cleanup procedures for spills occurring inside and outside the building;

(ii) Countermeasures for use in preventing spills and contaminants from entering the stormwater collection system;

(iii) Routine cleanup procedures for work areas and parking areas;

(iv) Measures to ensure that washdown water does not enter the stormwater collection system;

(v) Proof of compliance with rules, regulations, and/or ordinances adopted by the South Granville Water and Sewer Authority; and

(vi) All other state, federal, and local regulations shall be followed.

(5) Towing storage area shall not be within 500 feet of property zoned residential or an existing residential land use; however, intervening highways, streets, railroads, and similar rights-of-way shall be included in the 500-foot measurement.

(Ord. A.21.01, passed 6-3-2021; Ord. A.24.06, passed 10-3-2024)

(F) Junkyard.

(1) The boundaries of the parcel upon which the junkyard is located shall not be within 1,000 feet of property zoned residential or an existing residential land use; however, intervening highways, streets, railroads, and similar rights-of-way shall be included in the 1,000-foot measurement.

(2) The facility shall be fully enclosed with a fence or masonry wall no less than eight feet in height. The height of materials and equipment stored within 50 feet of the wall or fence shall not exceed eight feet in height. Perimeter or exterior walls or fences visible from a public street shall not include metal as a primary material.

(3) A spill and contamination prevention plan shall be provided prior to issuance of a zoning permit that includes, at a minimum:

(i) Cleanup procedures for spills occurring inside and outside the building;

(ii) Countermeasures for use in preventing spills and contaminants from entering the stormwater collection system;

(iii) Routine cleanup procedures for work areas and parking areas;

(iv) Measures to ensure that washdown water does not enter the stormwater collection system;

(v) Proof of compliance with rules, regulations, and/or ordinances adopted by the South Granville Water and Sewer Authority; and

(vi) All other state, federal, and local regulations shall be followed.

(Ord. A.19.04, passed 10-3-2019; Ord. A.23.05, passed 4-6-2023)

§ 7.4 ACCESSORY USES AND STRUCTURES.

7.4.1 Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The town’s intent in adopting this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands.

7.4.2 General standards and limitations.

(A) Compliance with ordinance requirements. All accessory uses and accessory structures shall conform to the applicable requirements of this ordinance. The provisions of this section establish additional standards and restrictions for particular accessory uses and structures.

(B) General standards. All accessory uses and accessory structures shall meet the following standards:

(1) Directly serve a pre-existing principal use or structure;

(2) Be customarily accessory and clearly incidental and subordinate to principal use or structure;

(3) Be subordinate in area, extent, and purpose to the principal use or structure;

(4) Be owned or operated by the same person as the principal use or structure;

(5) Be located on the same lot and within the same zoning district as the principal use or structure;

(6) Together with the principal use or structure, not violate the bulk, density, parking, landscaping, or open space standards of this ordinance;

(7) Not be constructed or established prior to the time the principal use or structure is constructed or established unless expressly permitted by this ordinance; and

(8) Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use).

(1) Unless otherwise specified in this section, any accessory use or accessory structure shall be treated as a permitted use in the Base Zoning District in which it is located. An accessory use or structure may be approved in conjunction with approval of the principal use or structure.

(2) In cases where a use identified in Table 7-1, Table of Permitted Uses, is proposed as an accessory use, the accessory use shall also comply with all applicable standards in § 7.3, Use Specific Standards.

(D) Table of permitted accessory uses.

(1) Table as guide. Table 7-2, Table of Permitted Accessory Uses, is established as a guide to identify the appropriateness of the more common accessory uses in each zoning district.

(2) Listed accessory uses. Table 7-2, Table of Permitted Accessory Uses, lists what types of accessory uses, structures, and activities are allowed in each of the zoning districts. If a specific accessory use is allowed in a Base Zoning District, the column underneath the zoning district is marked with a “P”. If a specific accessory use is allowed as a special use in a Base Zoning District, the column underneath the zoning district is marked with an “S”. If the accessory use or structure is not allowed in a zoning district, the column is blank. If there is a reference contained in the column entitled “Additional Requirements”, refer to the cited section(s) for additional standards that apply to the specific accessory use.

(3) Interpretation of unidentified accessory uses. The Ordinance Administrator shall evaluate potential accessory uses that are not identified in Table 7-2, Table of Permitted Accessory Uses, on a case-by-case basis, as an interpretation (see division 7.1.3). In making the interpretation, the Ordinance Administrator shall apply the following standards:

(i) The definition of “accessory use” and the general accessory use standards established in this division 7.4.2, General Standards and Limitations;

(ii) The additional regulations for specific accessory uses established in division 7.4.3, Specific Standards for Certain Accessory Uses;

(iii) The purpose and intent of the zoning district in which the accessory use is located;

(iv) Any potential adverse impacts the accessory use may have on other lands in the area, compared with other accessory uses permitted in the zoning district; and

(v) The compatibility of the accessory use, including the structure in which it is housed, with other principal and accessory uses permitted in the zoning district.

(4) Table of permitted accessory uses. Table 7-2, Table of Permitted Accessory Uses, on the following page, specifies the zoning district where accessory uses may be permitted.

(E) Location of accessory uses or structures.

(1) Except for the following, no accessory use or structure shall occupy or take place in a required front setback.

(i) Fences or walls;

(ii) Signs or flagpoles;

(iii) Canopies;

(iv) Outdoor display/sales;

(v) Outdoor dining;

(vi) Ramps or accessways for persons with physcial disabilities;

(vii) Cluster mailbox units;

(viii) Produce stands; or

(ix) Ornamental ponds.

(2) Accessory structures shall be set back a minimum of five feet from side and rear property lines.

(3) Except for accessory structures identified in subsection (E)(1) above, no accessory structure shall project beyond the front building line of the principal structure or site. An attached porch, deck, garage, or carport shall not be considered as an accessory structure for the purposes of this subsection.

(4) Except for fences, walls, and unenclosed carports, no detached accessory structures shall be located within five feet of a principal structure or any other accessory structure.

(5) No accessory structure or use shall be located within any platted or recorded easement, a designated fire lane, a sight distance triangle, an emergency access route designted on a site plan, or over any known utility.

(6) No accessory structure or use shall impede ingress or egress to a lot, site, or principal structures, interfere with drainage or a stormwater control measure, or create an unsafe condition, in the sole opinion of the Ordinance Administrator.

(F) Maximum height.

(1) Any accessory structure located within ten feet of any lot line shall not exceed 12 feet in height at its highest point.

(2) In all residential Base Zoning Districts, accessory structures shall not exceed the height of the principal structure.

Table 7-2 Table of Permitted Accessory Uses

P = Permitted

S = Special Use

Zoning Districts

Additional Requirements

Accessory Use Type

RMX

RMF

[1]

Accessory Dwelling Unit

7.4.3(A)

Accessory Storage Building

7.4.2(E)

Amateur Ham Radio/TV Antenna

7.4.3(B)

Auto Repair at a Residential Use

7.4.3(C)

Canopies

7.4.3(D)

Drive Through Facilities

7.4.3(E)

Garages

7.4.3(F)

Heavy Equipment Sales Auction Parking

7.4.3(P)

Home Daycare (up to 5 children)

7.4.3(O)

Home Daycare (6 to 8 children)

7.4.3(O)

Home Occupations

7.4.3(G)

Outdoor Dining

7.4.3(R)

Outdoor Display/Sales

7.4.3(H)

Outdoor Storage

7.4.3(I)

Playground Equipment (as accessory to a residential use)

7.4.3(Q)

Produce Stand

7.4.3(J)

Residence, Temporary Healthcare

7.4.3(S)

Satellite Dish

7.4.3(K)

Shed, Tool or Storage

7.4.3(T)

Stable/Horses, Ponies, Mules, or Donkeys

7.4.3(L)

Storage or Parking of Major Recreational Equipment

7.4.3(M )

Storage or Parking of Heavy Trucks or Trailers

7.4.3(M )

Swimming Pool

7.4.3(N)

Notes:

[1] These districts are subject to regulations in § 6.6.

(G) Maximum size.

(1) The aggregate square footage of accessory structures associated with a residential principal use shall not exceed 10% of the lot area.

(2) The aggregate square footage of accessory structures associated with a nonresidential use shall not exceed 30% of the square footage of the principal use on the lot.

(3) Accessory structures associated with agricultural uses shall be exempt from all limits on aggregate square footage.

(4) Single-family residential properties over two acres may apply for a special use permit for a larger accessory structure and/or a greater aggregate square footage of accessory structures. In no instance shall the aggregate square footage of accessory structures exceed 150% of the principal structure.

7.4.3 Specific standards for certain accessory uses.

(A) Accessory dwelling units. Accessory dwelling units shall comply with the following standards.

(1) Not more than one accessory dwelling unit per lot shall be permitted.

(2) Accessory dwelling units shall be located within (e.g., a downstairs apartment) or behind the principal structure as a freestanding building or above a detached outbuilding.

(3) The use of mobile homes, travel trailers, campers, tractor trailers, or similar vehicles as an accessory dwelling unit shall be prohibited.

(4) The accessory dwelling unit shall not exceed 50% of the gross habitable floor area of the principal structure.

(5) Accessory dwelling units shall be served by at least one off-street parking space (in addition to the required off-street parking serving the principal use), but in no instance have more than two off-street parking spaces.

(6) Accessory dwelling units shall be of durable exterior building materials that are the same or higher quality as surrounding developments, and shall not adversely affect adjacent uses (when the principal structure is predominately brick or stone, the introduction of smooth wood or fibrous cement siding is appropriate to reinforce the ancillary and subordinate nature of the accessory dwelling unit).

(7) Accessory dwelling units shall not be sold apart from the principal structure.

(8) Accessory dwelling units shall not include home occupations.

(B) Amateur ham radio and television antennas.

(1) Towers associated with a ham radio operator or private television antenna shall not exceed 90 feet above grade.

(2) Towers or antennas attached to a principal structure shall be located on a side or rear elevation.

(3) Freestanding towers or antennas shall be located behind the principal structure.

(1) Outdoor automotive repair at a residential use shall be limited to single-family detached dwellings.

(2) Automobile repair activities shall be limited to vehicles owned by the person inhabiting the principal use.

(3) In no instance shall there be more than two inoperable vehicles located outside a fully enclosed structure, provided that both vehicles are located behind the principal dwelling, within the required setbacks and provided they are fully covered by a bona fide car cover.

(4) Activities that create objectionable noise shall not take place between the hours of 9:00 p.m. and 7:00 a.m.

(5) Vehicles in repair must be stored out of sight of a public right-of-way.

(D) Canopies.

(1) Canopies shall have a maximum height of 15 feet measured from the finished grade to the underside of the canopy.

(2) In addition to meeting the standards in § 8.3, Outdoor Lighting, canopies shall not be internally illuminated, and any exterior lighting associated with a canopy shall be shielded so that the source of illumination is not visible from off-site areas.

(3) Canopies may project beyond the front building line of the principal structure or site, but in no instance shall they encroach into a public right-of-way without an encroachment agreement executed by the town.

(E) Drive through facilities.

(1) Drive through windows and their associated stacking lanes and circulation shall be prohibited in the front of the building. Drive through windows, stacking lanes, and circulation shall only be allowed or in a side yard abutting a street when screened by a street wall.

(2) Drive through facilities shall be located at least 100 linear feet from any residential district or lot used for residential purposes.

(3) Vehicle stacking spaces for drive through window uses shall be located outside of and physically separated from the right-of-way of any street.

(4) Vehicle stacking spaces shall not interfere with the efficient internal circulation of traffic on the site, adjacent property, or adjacent street right-of-way.

(5) Drive through facilities shall be located to the side or rear of the principal structure they serve.

(6) Menu boards shall not be visible from the road the building is fronting.

(7) Drive through facilities may be subject to town-imposed conditions relating to the location, configuration, and operational aspects of the drive through window to ensure its compatibility with surrounding uses and its compliance with the building codes and all relevant state laws and regulations.

(F) Garages. Detached garages shall comply with the maximum size provisions in division 7.4.2(G). Square footage associated with an accessory dwelling unit shall not be counted towards garage size.

(G) Home occupations. A home occupation shall be permitted as accessory to any principal dwelling unit, provided that:

(1) The business or service is located within the dwelling or an associated accessory building (but not an accessory dwelling unit), and does not exceed 25% of the heated floor area of the principal structure or 600 square feet, whichever is less;

(2) The principal person or persons providing the business or service resides in the dwelling on the premises;

(3) The home occupation employs no more than one person on the premises who does not reside on the premises, and no more than one client is seen at any one time;

(4) The home occupation causes no change in the external appearance of the existing dwelling and structures on the property;

(5) All vehicles used in connection with the home occupation are of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, and there are no more than two vehicles per home occupation;

(6) There is sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself;

(7) There are no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building;

(8) The property contains no outdoor display or storage of goods, equipment, or services that are associated with the home occupation;

(9) Direct sale or rental of products by customers is not permitted, although a person may pick up an order placed on-line or off-site.

(10) The home occupation does not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

(11) No more than one home occupation use or business shall be operated within any individual dwelling unit.

(H) Outdoor display/sales. Outdoor display or sales may be allowed as an accessory use for all Retail Sales and Service Uses and Wholesale Sales Uses. It is the intent of this ordinance to allow the display of merchandise for sale, but not where the display of such items impedes the flow of pedestrian or vehicular traffic, or creates an unsafe condition. The outdoor display of goods shall meet all of the following standards.

(1) Outdoor display/sales areas shall be depicted upon a site plan.

(2) All outdoor display of goods shall be located immediately adjacent to the storefront, or building sides, and not in drive aisles, loading zones, fire lanes, or parking lots.

(3) Outdoor display areas shall be limited to no more than one-half of the length of the store front or building side.

(4) In the case of a shopping center, the “storefront” shall include the entire frontage of the shopping center facade, meaning that the total amount of display for all the inline tenants combined shall not exceed 50% of the aggregate store front of the total shopping center.

(5) The area of outdoor display or sales shall not encompass the width of the entrance doors to the establishment as projected straight out from the facility. (For example, if the width of the entrance doors is ten feet, there shall be at least a ten-foot clearance from the doors as projected straight out and away from the facility.)

(6) No goods shall be attached to a building’s wall surface.

(7) The height of the outdoor display shall not exceed six feet.

(8) The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.

(9) At least five feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.

(10) Outdoor sales shall not include hazardous and flammable materials, such as gasoline, oil, antifreeze, kerosene, poisons, pesticides, and similar items.

(I) Outdoor storage. Outdoor storage may be allowed as an accessory use in accordance with the following standards.

(1) Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site and shall be located at the side or rear of the principal structure.

(2) Goods stored in an outdoor storage area intended for sale or resale shall be limited to those sold on the premises as part of an associated, additional principal use.

(3) Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque wooden, plastic, or vinyl fence or brick or masonry wall of eight feet in height. Materials may not be stored higher than the height of the primary structure. When a wooden fence is utilized, only treated or rot-resistant wood such as cedar, cypress, redwood, or teak shall be used. Chain link, barbed wire, chicken wire, or any other fence material that is not fully opaque may not be used to meet this standard.

(4) If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

(5) Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(6) No materials may be stored in areas intended for vehicular or pedestrian circulation.

(J) Produce stand. A produce stand shall:

(1) Be limited to the retail sale of agriculture and horticulture products;

(2) Be located to minimize the visual impact of the structure from adjacent public streets;

(3) Not remain in the same location for more than six months;

(4) Not exceed 500 square feet in area;

(5) Provide adequate ingress, egress, and off-street parking areas; and

(6) Be setback at least ten feet from the right-of-way.

(K) Satellite dishes.

(1) Satellite dishes less than 12 inches in diameter may be located anywhere on a lot.

(2) Satellite dishes larger than 12 inches in diameter but smaller than 48 inches in diameter shall:

(i) Be located to the side or rear of the principal use they serve;

(ii) Be limited to a maximum height of 15 feet above grade unless the applicant can demonstrate that a lower mounting height will cause significant disruption in signal; and

(iii) In no instance shall a satellite dish exceed 48 inches in diameter.

(L) Stable/horses, ponies, mules, or donkeys. The keeping of horses, ponies, mules, or donkeys shall be permitted provided:

(1) One acre of pasture or grazing land shall be provided for each horse or pony maintained in the stable;

(2) The pasture or grazing land must be adequately fenced so that the horses are safely contained within the fenced area. The Ordinance Administrator shall approve the materials and location of the fencing proposed in order to ensure that the fencing is in keeping with the character of the neighborhood. Electric fencing may be used with the approval of the Ordinance Administrator when such fencing is not in close proximity to residences. The landowner or tenant is responsible for ensuring the safety and appropriateness of the fencing;

(3) All horses, ponies, or mules must have a well maintained stable with a stall for each horse, pony, or mule;

(4) The stable is located at least 300 linear feet away from any residential dwelling on a lot under separate ownership and maintained in such a way as to not have excessive odor or create a nuisance to adjacent properties; and

(5) Not for hire, only horses, ponies, or mules owned by the persons living on the premises may be kept on the property.

(M) Storage or parking of heavy trucks, trailers, or major recreational equipment.

(1) Intent. It is the intent of this division 7.4.3 to regulate the customary or continual parking of certain vehicles and equipment on streets or properties located within residential neighborhoods since the presence of such vehicles runs contrary to the intended residential character of such neighborhoods. It is not the intent of these standards to prevent the occasional or temporary parking of such vehicles or equipment as necessary for the purposes of loading, unloading, or cleaning; however, the continual or customary overnight parking of such vehicles or equipment for a portion of the day followed by removal the following day is prohibited.

(2) Applicability. The standards in this division 7.4.3 apply to heavy trucks with more than two axles or that exceed 26,000 pounds of gross vehicle weight rating, trailers with more than one axle, or major recreational equipment, including, but not limited to, boats, campers, recreational vehicles, motor homes, and travel trailers.

(3) Standards.

(i) Heavy trucks, trailers, or major recreational equipment shall not be parked or stored on public rights-of-way in a residential zoning district for longer than four days over any calendar year.

(ii) No heavy truck or trailer shall be parked or stored upon any residentially zoned or used property except as necessary for the purposes of loading, unloading, or cleaning. In no instance shall a heavy truck or trailer be parked or stored on a residentially zoned or used property during the process of loading, unloading, or cleaning for more than four days over any calendar year.

(iii) Boats, campers, recreational vehicles, and other major recreational equipment may be parked or stored upon any residentially zoned or used property, provided the vehicle or equipment is located outside all required setbacks, and is parked or stored only to the side or rear of the dwelling they are associated with and provided they are parked or stored on an improved surface such as a driveway, parking pad, or gravel parking area. Parking such vehicles or equipment upon an established residential driveway in front of the dwelling they are associated with is only permitted if access to side or rear yards for storage is not possible due to lot width, topographic considerations, or the presence of permanent buildings. In no case shall boats, campers, recreational vehicles, or major recreational equipment be parked or stored in a front yard outside of an established driveway, paved parking pad, or gravel parking area.

(N) Swimming pool/hot tub. Swimming pools and hot tubs shall comply with the following standards.

(1) Swimming pools having a depth greater than two feet, and hot tubs and spas shall be enclosed by fencing of a type that is not readily accessible by children and that contains no openings larger than four inches.

(2) Fencing shall be at least four feet in height and, if equipped with a gate, shall have a latch.

(3) In lieu of fencing, spas and hot tubs may have a lockable cover capable of supporting a minimum of 150 pounds, and such cover shall be locked in place when the spa or hot tub is not in use.

(4) Swimming pools and decks shall adhere to the same setback requirements as accessory structures; however, swimming pools shall not exceed 50% of the yard (side or rear) in which it is located.

(O) Home daycare. Home daycares shall be permitted as an accessory to any principal dwelling unit provided that:

(1) Home daycares shall comply with G.S. Chapter 110, Article 7, and the summary of North Carolina Child Care Laws and Rules pamphlet, as amended, prepared by the NC Department of Health and Human Services. Home daycares shall be licensed by the State and shall meet all applicable code requirements;

(2) The home daycare may only be conducted within the primary structure except for the required outdoor play area;

(3) The primary structure must be a minimum of 1,100 square feet to be used for a home daycare;

(4) The home daycare must have a minimum of 400 square feet of outdoor play area. The outdoor play area shall be located in the rear yard;

(5) The principal person or persons operating the home daycare must reside in the dwelling on the premises;

(6) The home daycare employs no more than one person on the premises who does not reside on the premises;

(7) The home daycare causes no change in the external appearance of the existing dwelling and structures on the property;

(8) There is at least one off-street parking space for the patrons of the home daycare to be provided and maintained in addition to the space or spaces required for the dwelling itself;

(9) There are no advertising devices on the property, or other signs of the home daycare, which are visible from outside the dwelling or accessory building;

(10) The property contains no outdoor display or storage of goods, equipment, or services that are associated with the home daycare;

(11) The home daycare does not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception; and

(12) A home daycare shall not be permitted within 200 feet of another home daycare unless separated by a public right-of-way. Spacing shall be measured from the center of the parcel on which the home daycare is located.

(P) Heavy equipment sales auction parking. Parking areas to be used only for auctions may be allowed as an accessory use for heavy equipment sales. The customer parking areas for auctions shall meet all of the following standards.

(1) Parking areas for customers to be used during auction events shall be depicted upon a site plan.

(i) Total number of parking spaces provided shall be sufficient for the number of customers typically attending an auction sale.

(2) Notwithstanding anything in this ordinance to the contrary, parking areas for customers to be used during auction events shall be covered with an all-weather surface designed to support anticipated loads. Loose material surfaces shall be contained with permanent edging, landscaped areas, asphalt surfaces, or other means to prevent the migration of the loose material. The surface shall be maintained so that traffic may move safely in and out of the parking area.

(3) Notwithstanding anything in this ordinance to the contrary, parking areas for customers to be used during auction events shall be landscaped with the following standards and approved by the Ordinance Administrator.

(i) Auction parking landscaping to be provided at a ratio of one tree per 25 LF of parking area perimeter and may be clustered.

(ii) Root structures of planted trees must be protected from vehicular traffic.

(iii) Trees planted or preserved to satisfy buffer or tree preservation requirements adjacent to this area may be used to partially satisfy the requirements of this article with the approval of the Ordinance Administrator.

(Q) Playground equipment. Playground equipment for single-family residences shall not require a zoning permit, but shall be set back a minimum of five feet from side and rear property lines.

(R) Outdoor dining. Outdoor dining as an accessory use shall comply with the following standards:

(1) Approval of a zoning compliance permit shall be required for the establishment of outdoor dining or seating areas.

(2) Outdoor dining or seating shall be located on the same lot or tract or under the same ownership as the principal use it serves.

(3) Outdoor dining or seating areas shall be clearly demarcated from other areas of the site with planters, fencing, roping, railing, or some other physical barrier that separates the area from its surroundings.

(4) In no instance shall an outdoor dining or seating area take place within a required landscaping, screening, or parking area or interfere with safe pedestrian or vehicular circulation on or off the site.

(5) In no instance shall an outdoor dining or seating area obstruct access to an entrance or exit, emergency exit, drainage infrastructure, fire hydrant, standpipe, utility access area, ventilation, or ADA access features.

(6) Outdoor dining or seating areas shall include trash receptacles and shall not result in the accumulation of litter or waste in the public right-of-way or on adjacent lots.

(7) Outdoor dining or seating areas located on a public sidewalk or within a public right-of-way shall require approval of an encroachment agreement with the town.

(S) Temporary health care residence.

(1) Pursuant to G.S. § 160D-915, temporary health care residences as defined in Article 17 of this LDO shall be allowed in any single-family residential zoning district on lots zoned for single family detached dwellings.

(2) A temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as the caregiver's residence shall be considered as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.

(3) A temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person shall be considered a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings in accordance with this section if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person.

(4) Only one temporary family health care structure shall be allowed on a lot or parcel of land. The temporary family health care structures under subsections (1) and (2) of this section shall not require a special use permit or be subjected to any other local zoning requirements beyond those imposed upon other authorized accessory use structures, except as otherwise provided in this section. Such temporary family health care structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.

(5) Any person proposing to install a temporary family healthcare structure shall first obtain a permit from the town.

(6) Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

(7) Notwithstanding subsection (1) of this section, any temporary family health care structure installed under this section may be required to connect to any water, sewer, and electric utilities serving the property and shall comply with all applicable state law, local ordinances, and other requirements as if the temporary family health care structure were permanent real property.

(8) No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health cre structure or elsewhere on the property.

(9) Any temporary family health care structure installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used or may be reinstated on the property within 60 days of its removal, as applicable.

(10) The town may revoke the permit granted pusuant to division (5) of this section if the permit holder violates any provision of this section.

(11) Temporary family health care structures shall be treated as tangible personal property for purposes of taxation.

(T) Shed, tool or storage.

(1) Tool or storage sheds shall be required to secure a zoning permit prior to construction or installation.

(2) Tool or storage sheds shall comply with the dimensional requirements for the zoning district where located and shall not be within five feet of a lot line.

(3) Tool or storage sheds may not be located within required landscaping areas, within ten feet of an on-site wastewater facility (including drain fields).

(4) Tool or storage sheds shall be to the side or rear of the principal structure and shall not be forward of the front building line.

(Ord. TA.24.01, passed 4-4-2024; Ord. A.24.06, passed 10-3-2024)

§ 7.5 TEMPORARY USES AND STRUCTURES.

7.5.1 Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure.

7.5.2 General standards for temporary uses and structures. Temporary uses, structures, or events shall:

(1) Obtain the appropriate permit from the town (if required);

(2) Only 12 temporary uses and/or structures per lot in a calendar year, provided, however, town-sponsored evens are exempt from this regulation;

(3) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(4) Be compatible with the principal uses taking place on the site;

(5) Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;

(6) Not include permanent alterations to the site;

(7) Not be located within the public right-of-way, or within any existing or required landscaped areas;

(8) Comply with the maximum signage size for temporary signs;

(9) Not maintain temporary signs associated with the use or structure after the activity ends;

(10) Not violate the applicable conditions of approval that apply to a site or use on the site;

(11) Not interfere with the normal operations of any permanent use located on the property;

(12) Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands; and

(13) Provide written permission from the property owner or property owner’s agent to allow applicant to use property for temporary use, structure or special event and recognizing that it counts as one of the allotted temporary uses and/or structures permitted on the lot per calendar year.

7.5.3 Specific regulations for certain temporary uses and structures.

(A) Carnival, festival, or circus.

(1) The total amount of required off-street parking spaces shall be determined by the Ordinance Administrator. If collocated on the same parcel with an established use, the carnival or circus’s designated parking shall not exceed 15% of the required parking for the establishment or use where the carnival/circus is located.

(2) If located on an undeveloped or vacant lot, the lot shall be a minimum of two acres and at least one-third of the area shall be designated for parking.

(3) All activities for carnivals and circuses shall be located a minimum of 50 feet from all lot lines.

(4) Carnivals, festivals and circuses shall obtain all required permits and licenses required by the town.

(B) Temporary storage in portable shipping containers. Temporary storage in a portable shipping container shall be limited to serving an existing residential use in a residential zoning district, and shall be subject to the following standards.

(1) Containers shall not be located in the front yard setback.

(2) Containers shall not be located within ten feet of any lot line.

(3) Containers shall not be located on an individual parcel or site for more than 30 consecutive days per site per calendar year.

(C) Seasonal sales. Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in accordance with the following standards.

(1) Location.

(i) The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking space availability.

(ii) The sale of goods shall not occur within the public right-of-way, or within 200 feet of a dwelling.

(iii) A minimum pedestrian walkway of at least five feet in width along the front of the display shall be maintained.

(2) Range of goods limited. The range of goods or products available for sale shall be limited to products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, firewood, and pinestraw; bees and beekeeping products; seafood; and dairy products. For the purposes of this division 7.5.3, processed or prepared food products of any kind shall not be considered to be agricultural products.

(3) Sales from a vehicle. The itinerant sale of products from a vehicle that does not involve the display or short-term storage of products on site for a period of two days or longer, shall not be considered to be seasonal agricultural sales and is prohibited.

(4) Hours of operation. The hours of operation of the seasonal sale of agricultural products shall be from no earlier than 7:30 a.m. to no later than 10:00 p.m.

(5) Duration. Seasonal sales shall be allowed on an individual lot for no more than 180 days per calendar year.

(D) Temporary construction trailers.

(1) All temporary construction trailers (including recreational vehicles used as temporary construction trailers) shall be set back at least 20 feet from all lot lines.

(2) Temporary construction trailers may remain on site as long as there is a valid building permit in place, but shall be removed upon issuance of the last certificate of occupancy.

(3) Temporary construction trailers for public use shall include restroom facilities and utility connections.

(4) Temporary construction trailers shall be located on a lot or site subject a valid building permit, and shall be on the same lot or site where construction is taking place.

(E) Temporary sales trailers.

(1) All temporary sales trailers shall be set back at least 20 feet from all lot lines.

(2) Temporary sales trailers shall be removed once the project is completed or the lots are sold.

(3) All temporary sales trailers shall be underpinned and meet all applicable parking and screening requirements.

(4) Temporary sales trailers shall be located on the same site or project where sales are taking place.

(F) Tent sales. Sale of commercial goods may be conducted within a tent located on lot with a legally established principal use provided the following criteria are met:

(1) The tent sale obtain a temporary use permit in accordance with this section prior to construction of the tent;

(2) The tent is located in an area outside the normal flow of traffic or areas of ingress and egress;

(3) The tent be located on an improved surface such as asphalt, gravel, or other improved surface and not within areas devoted to required landscaping, tree protection, or open space;

(4) The tent be located in such a way as to ensure the minimum number of required parking spaces for the principal use are maintained over the duration of the tent sale;

(5) The tent sale does not include any signage other than that allowable as temporary signage;

(6) Tents shall not be illuminated past the hour of 10:00 p.m.; and

(7) The total number of tent sale occurrences per site be limited to a maximum of 14 days per calendar year.

(G) Automobile sales.

(1) Automobile sales are limited to Neighborhood Business, Central Business, and Highway Business Districts.

(2) Automobiles for sale may only be parked in designated parking spaces. If the parking lot is an existing gravel lot without marked spaces, then automobiles must be parked on an existing parking area that does not block entrances or exits, drive aisles, and must be at least ten feet from the street right-of-way.

(3) Automobiles can only be on display for up to two weeks.

(4) Automobile sales are limited to a maximum of four automobiles per parcel per year.

(5) Automobiles for sale may not be junked vehicles and must have current insurance and license.

(H) Food trucks.

(1) Food trucks shall obtain a food truck permit from the town, which must be displayed on the rear bumper at all times.

(2) Food trucks may not be operated on public property such as parks or plazas, parking lots, public street rights-of-way, or public sidewalks except as specifically authorized by the town or as part of an official public event sponsored or co-sponsored by the town.

(3) The vendor shall provide evidence of having obtained any applicable permits from Granville-Vance Public Health and any other required governmental approvals, a North Carolina sales and use certificate for collecting and paying the proper sales taxes and prepared meals taxes, and a means for the disposal of grease within an approved grease disposal facility as part of their food truck application. All required town, county, and state permits and licenses shall be clearly displayed on the food truck.

(4) Food trucks shall be located at least 15 feet from fire hydrants, utility boxes and vaults, and handicapped ramps.

(5) Food trucks shall not impede parking or traffic or encroach upon fire lanes, vehicular access ways, or pedestrian walkways.

(6) The food truck operator shall not make excessive noise or cause a nuisance that interferes with the peace and quiet of the surrounding area.

(7) The food truck operator shall maintain the premises in a clean and orderly condition and shall not leave litter or other debris on the premises or in the surrounding area.

(8) Food trucks are not permitted on vacant property, residential lots with the primary use being a single-family home, or a manufactured home on an individual lot.

(9) Food trucks may only operate between the hours of 6:00 a.m. to midnight. Food trucks must be removed from all permitted locations during the hours when they are not permitted to be in operation, and may not be stored, parked, or left overnight on any public street or sidewalk.

(10) If at any time, required permits are revoked by any other governmental agency, the town approval of the food truck permit shall be immediately revoked or suspended.

(Ord. A.21.01, passed 6-3-2021; Ord. TA.23.08, passed 12-7-2023; Ord. A.24.06, passed 10-3-2024)~

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc