ARTICLE 7:  USE STANDARDS
Section
7.1   Table of permitted uses
7.2   Use classifications, categories, and types
7.3   Use specific standards
7.4   Accessory uses and structures
7.5   Temporary uses and structures
§ 7.1  TABLE OF PERMITTED USES.
   This section sets forth the allowable uses for the zoning districts as described in Article 6.
   7.1.1   Explanation of the structure of the table of permitted uses.
   (A)   Organization of use table. The Table of Permitted Uses in this article organizes allowable uses by use classification, use categories, and use types. Section 7.2, Use Classifications, Categories, and Types, establishes the characteristics and examples of each of the use categories and types set forth in the Table of Permitted Uses.
      (1)   Use classification. The use classifications are: Residential Uses, Institutional Uses, Agricultural Uses, Commercial Uses, and Industrial Uses. The use classification provides a systematic basis for assigning present and future land uses into broad general classifications. The use classifications then organize land uses and activities into general use categories and specific use types based on the common functional, operational, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.
      (2)   Use categories. The use categories describe the major sub-groups of the use classification based on common characteristics (e.g., the Residential Use Classification is divided into two use categories: Household Living and Group Living). Use Categories are further broken down into a series of individual use types or principal uses.
      (3)   Use types. The specific use types are included in the respective use categories. They identify the specific uses that are considered to fall within the characteristics identified in the use category. For example, single-family detached dwellings, duplexes, townhouses, multi-family dwellings, and manufactured homes area use types in the household living category.
   (B)   Permitted uses. A “P” in a cell indicates that a use type is allowed by right in the respective Base Zoning District, subject to compliance with any use-specific standards contained in this article.
   (C)   Special uses. An “S” in a cell indicates that a use type is allowed in the respective Base Zoning District only upon the issuance of a special use permit by the Board of Adjustment, and subject to compliance with any use-specific standards contained in this article.
   (D)   Prohibited uses. A blank cell indicates that a particular use type is not allowed in the Base Zoning District.
      (1)   A blank cell indicates that a particular use type is not allowed in the Base Zoning District.
      (2)   No hazardous or noxious uses are allowed within any zoning district established by the land development ordinance such as, but not limited to:
         (i)   Acid manufacturing;
         (ii)   Ammonia, bleaching powder or chlorine manufacturing;
         (iii)   Creosote manufacturing or treatment plants;
         (iv)   Distillation of bones, coal, petroleum, refuse, tar and wood;
         (v)   Explosives, ammunition, fireworks or gunpowder manufacturing;
         (vi)   Fat rendering, production of fats and oils from animal and vegetable products by boiling or distillation;
         (vii)   Garbage, offal and animal reduction and processing;
         (viii)   Junkyard;
         (x)   Linseed oil, shellac, turpentine manufacturing or refining;
         (xi)   Nitrogenous tankage, fish meal or manufacturing of any fertilizer materials;
         (xii)   Oilcloth or linoleum manufacturing;
         (xiii)   Ore reduction; and
         (xv)   Pulp mills.
   (E)   Use specific standards. When a particular use category or use type is permitted in a Base Zoning District, there may be additional regulations that are applicable to the specific use. The existence of these use specific standards is noted through a section reference in the last column in the table titled “Additional Requirements.” References refer to § 7.3, Use Specific Standards. These standards shall apply to a particular use regardless of the Base Zoning District where it is proposed, unless otherwise specified.
   (F)   Uses prohibited by overlay zoning. An Overlay District may prohibit a particular use type despite it being allowed in the Base Zoning District, or it may require a special use permit for a use allowed by right in the Base Zoning District. In such case, the more restrictive regulation shall apply.
   (G)   Uses not listed. The Ordinance Administrator shall determine whether or not an unlisted use is part of an existing use category or use type defined in § 7.2, Use Classification, Categories, and Types, or is substantially similar to an already defined use type, using the standards in division 7.1.3, Interpretation of Unlisted Uses.
   7.1.2   Developments with multiple permitted uses. When all principal uses of a development fall within one use category, the entire development is assigned that use category. For example, a development that contains a coffee shop, bookstore, and bakery would be classified in the Retail Sales and Service category because all of the development’s principal uses are in that use category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to applicable regulations within that category. Developments with multiple use types, such as shopping centers, shall incorporate only those use types allowed in the Base Zoning District.
   7.1.3   Interpretation of unlisted uses.
   (A)   Procedure for approving unlisted uses. Where a particular use type is not specifically listed in the Table of Permitted Uses, the Ordinance Administrator may permit the use type upon a finding the standards of division 7.1.3(B), Standards for Approving Unlisted Uses, are met. The Ordinance Administrator shall give due consideration to the purpose and intent statements in this ordinance concerning the Base Zoning District(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.
   (B)   Standards for approving unlisted uses. In order to determine if the proposed use(s) has an impact that is similar in nature, function, and duration to the other use types allowed in a specific zoning district, the Ordinance Administrator shall assess all relevant characteristics of the proposed use, including, but not limited to, the following:
      (1)   The volume and type of sales, retail, wholesale, and the like;
      (2)   The size and type of items sold and nature of inventory on the premises;
      (3)   Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, and distribution;
      (4)   Any dangerous, hazardous, toxic, or explosive materials used in the processing;
      (5)   The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside, or outside the principal building;
      (6)   The type, size, and nature of buildings and structures;
      (7)   The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;
      (8)   Transportation requirements, including the demand for people and freight, by volume type and characteristic of traffic generation to and from the site;
      (9)   Trip purposes and whether trip purposes can be shared by other use types on the site;
      (10)   Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other use types;
      (11)   The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation, and fumes;
      (12)   Any special public utility requirements for serving the proposed use type, including, but not limited to, water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and
      (13)   The impact on adjacent lands created by the proposed use type, which should not be greater than that of other use types in the zoning district.
   (C)   Effect of finding by Ordinance Administrator.
      (1)   Use found to be appropriate. When the Ordinance Administrator finds that an unlisted use is appropriate and congruent with the Base Zoning District for which it is proposed, he or she shall issue a written opinion allowing such use to be established in the particular district. If the Ordinance Administrator believes that requests for such a use will become common, or that adding the use to the Table of Permitted Uses is beneficial, he or she shall initiate a text amendment to insert the use into the Table of Permitted Uses.
      (2)   Use found to be inappropriate. When the Ordinance Administrator finds that an unlisted use is inappropriate and incongruent with the Base Zoning District for which it is proposed, he or she shall issue a written opinion stating that such use is not allowed in the particular district. This finding may be appealed to the Board of Adjustment in accordance with the procedures for appealing an administrative decision.
   7.1.4   Permitted uses.Table 7-1 on the following pages outlines the uses which are allowed either by right or with a special use permit in the Base Zoning Districts.
 
Table 7-1 Table of Permitted Uses
Use Category
P = Use Permitted by Right
S = Special Use Permit Required
Zoning District
Additional Requirement
Use Type
RP
RR
RS
RT
RMX
RMF
OI
NB
CB
HB
LI
HI
CX
SI
NI
CW
CE
Residential Use Classification
Household Living
Dwelling, Duplex
 
 
 
 
P
 
 
 
 
 
 
 
 
P
P
 
P
P
7.3.1.(A)(1)
Dwelling, Manufactured Home
 
P
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.3.1.(A)(2)
Dwelling, Multi-Family
 
 
 
 
 
P
 
 
 
 
 
 
 
P
P
P
P
P
7.3.1.(A)(3)
Dwelling, Single- Family Detached
P
P
P
P
P
 
 
 
 
 
 
 
 
 
 
 
P
P
Dwelling, Townhouse
 
 
 
 
 
P
 
 
 
 
 
 
 
P
P
 
P
P
7.3.1(A)(4)
Group Living
Group Home (1 to 6 persons)
 
 
 
 
S
 
 
S
 
 
 
 
 
 
 
 
 
 
7.3.1.(B)(1)
Group Home (more than 7 persons)
 
 
 
 
S
 
 
S
 
 
 
 
 
 
 
 
 
 
7.3.1.(B)(1)
Rooming House
 
 
 
 
S
 
 
S
 
 
 
 
 
 
 
 
 
 
7.3.1.(B)(2)
Institutional Use Classification
Community Services
All (up to 10,000 sf GFA)
 
 
 
S
S
 
 
P
P
P
 
 
 
P
P
P
P
P
All (more than 10,000 sf GFA)
 
 
 
 
S
 
 
P
P
P
 
 
 
P
P
P
P
P
Educational Facilities
College or University
 
 
 
 
 
 
 
S
 
 
P
 
 
 
 
P
P
P
School, Elementary
 
S
S
S
S
 
 
P
 
 
 
 
 
 
 
 
P
 
School, Middle
 
S
S
S
S
 
 
P
 
 
 
 
 
 
 
 
P
 
School, Senior High
 
 
S
S
S
 
 
S
 
 
 
 
 
 
 
 
P
 
School, Trade or Vocational
 
 
 
 
 
 
 
P
 
 
P
P
P
 
 
P
P
P
Government Facilities
All (up to 10,000 sf GFA)
S
S
S
S
P
P
 
P
P
P
P
P
P
P
P
P
P
P
All (more than 10,000 sf GFA)
 
 
 
S
S
S
 
S
S
P
P
P
P
P
P
P
P
P
Public Parks or Recreational Facilities
P
P
P
P
P
P
 
P
P
P
P
 
 
P
P
P
P
P
Healthcare Facilities
Hospital
 
 
 
 
 
 
 
S
 
 
P
 
 
 
 
P
P
P
Medical Treatment Facility (up to 10,000 sf GFA)
 
 
 
 
 
 
 
P
 
 
P
 
 
P
P
P
P
P
Medical Treatment Facility (more than 10,000 sf GFA)
 
 
 
 
 
 
 
S
 
 
P
 
 
 
 
P
P
P
Other Institutional Facilities
Assisted Living/Nursing Facility
 
 
S
S
S
 
 
P
 
 
 
 
 
P
P
P
P
P
Halfway House
 
 
 
 
S
 
 
S
 
 
S
 
 
 
 
 
 
 
Religious or Civic Institution (up to 10,000 sf GFA)
P
P
P
P
P
 
 
P
P
P
 
 
 
P
P
P
P
 
Religious or Civic Institution (more than 10,000 sf GFA)
 
S
S
S
S
 
 
P
P
P
 
 
 
P
P
 
 
 
Utilities
Telecomm. Facility, Collocation on Existing Tower
P
P
P
P
P
P
 
P
P
P
P
P
P
P
P
P
P
P
7.3.2(B)(2)
Telecommunications Facility, Freestanding
S
S
 
 
S
 
 
 
 
 
S
S
S
 
 
P
P
P
7.3.2(B)(4)
Utility, Minor
P
P
P
P
P
P
 
P
P
P
P
P
P
P
P
P
P
P
Utility, Major
S
S
S
S
S
S
 
S
S
S
S
P
P
P
P
P
P
P
7.3.2(B)(1)
Solar Farm
S
S
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.3.2(B)(4)
Working Lands Use Classification
Working Lands
Agriculture
P
P
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Horticulture/Plant Nursery
P
P
 
 
 
 
 
 
 
 
P
 
 
 
 
P
P
P
Silviculture
P
P
P
P
P
P
 
P
P
P
P
P
P
P
P
P
P
P
Adult Entertainment
All
 
 
 
 
 
 
 
 
 
 
 
 
S
 
 
 
 
 
7.3.3.(A)
Animal Care
Animal Shelter
 
S
 
 
 
 
 
 
 
 
S
S
 
 
 
 
 
 
Kennel, Outdoor
 
S
 
 
 
 
 
 
 
 
S
 
 
 
 
 
 
 
7.3.3(B)(1)
Veterinary Clinic/Boarding
P
P
 
 
 
 
 
 
 
 
P
 
 
 
 
P
 
 
Daycare
Daycare Facility, Fewer than 30 Attendees
 
 
S
S
P
 
 
P
P
P
P
 
 
P
P
P
P
P
Daycare Facility, 30 or More Attendees
 
 
 
 
S
 
 
P
P
P
P
 
 
P
P
P
P
P
Hotels and Motels
Bed and Breakfast Inn
P
P
P
P
 
 
 
P
P
 
 
 
 
P
P
 
 
 
7.3.3.(C)(1)
Hotels, Motels and Similar Uses
 
 
 
 
 
 
 
 
 
 
P
 
 
P
P
P
 
P
Offices
Single Tenant (up to 5,000 sf GFA)
 
 
 
 
S
 
 
P
P
P
P
S
S
P
P
P
P
P
Single Tenant (more than 5,000 sf GFA)
 
 
 
 
 
 
 
P
S
P
P
S
 
P
P
P
P
P
Multi-Tenant (up to 15,000 sf GFA)
 
 
 
 
 
 
 
P
P
P
P
S
S
P
P
P
P
P
Multi-Tenant (more than 15,000 sf GFA)
 
 
 
 
 
 
 
P
 
P
P
S
 
P
P
P
P
P
Recreation, Indoor
Indoor Recreation, Non-public (up to 5,000 sf GFA)
 
 
 
 
 
 
 
 
S
P
P
S
 
P
P
P
P
P
Indoor Recreation, Non-public (more than 5,000 sf GFA)
 
 
 
 
 
 
 
 
 
 
P
S
 
P
P
P
P
P
Country Club
 
S
S
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Equine Stable/Riding Academy
P
P
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.3.3(D)(1)
Arena, Amphitheater, or Stadium
 
 
 
 
S
 
 
P
 
 
P
 
 
 
P
P
P
P
Indoor Shooting Range
 
 
 
 
 
 
 
 
 
 
P
P
 
 
 
 
 
 
7.3.3(H)
Recreation, Outdoor
Outdoor Recreation, Non-public
S
S
S
S
S
 
 
P
 
 
P
P
 
P
P
P
P
P
7.3.3(E)
Golf Course, Public or Private
 
P
P
 
 
 
 
 
 
 
 
 
 
 
 
 
 
P
Golf Driving Range
 
S
 
 
 
 
 
 
 
 
S
S
 
 
 
 
 
P
Outdoor Shooting Range
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Restaurant
Restaurant without Drive Through Service
 
 
 
 
 
 
 
 
P
P
P
 
 
P
P
P
 
P
Restaurant with Drive Through Service
 
 
 
 
 
 
 
 
 
 
P
 
 
 
 
P
 
P
Retail Sales and Services
Automobile Sales
 
 
 
 
 
 
 
 
 
S
P
 
 
 
P
P
 
 
7.3.3.(F)(6)
Bar, Nightclub, or Similar Establishment
 
 
 
 
 
 
 
 
 
S
P
 
 
P
P
P
 
P
7.3.3(F)(1)
Microbrewery or Microdistillery
 
 
 
 
 
 
 
 
 
P
P
P
 
P
P
P
P
P
7.3.3(F)(7)
Retail/Service Use with Gasoline Sales
 
 
 
 
 
 
 
 
S
P
P
P
P
P
P
P
P
P
7.3.3(F)(2)
Type 1 Retail or Service Use
 
 
 
 
 
 
 
 
P
P
P
S
 
P
P
P
P
P
Type II Retail or Service Use (up to 15,000 sf GFA)
 
 
 
 
 
 
 
 
S
P
P
S
 
P
P
P
P
P
Type II Retail or Service Use (more than 15,000 sf GFA)
 
 
 
 
 
 
 
 
 
S
P
 
 
P
P
P
P
P
Type III Retail or Service Use (up to 15,000 sf GFA)
 
 
 
 
 
 
 
 
 
 
P
S
 
P
P
P
P
P
7.3.3(F)(5)
Type III Retail or Service Use (more than 15,000 sf GFA)
 
 
 
 
 
 
 
 
 
 
P
 
 
 
P
P
 
P
7.3.3(F)(5)
RV Park
Recreational Vehicle Park
 
S
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.3.3(G)
Industrial Use Classification
Extractive Industry
All
 
 
 
 
 
 
 
 
 
 
 
 
S
 
 
 
 
 
7.3.4(A)
Industrial Services
Building Contractor and Related Specialties
 
 
 
 
 
 
 
 
 
 
S
P
P
 
 
 
P
P
Fuel Oil/Bottled Gas Distributor
 
 
 
 
 
 
 
 
 
 
 
P
P
 
 
 
 
 
Research and Development
 
 
 
 
 
 
 
 
 
 
 
P
P
 
 
 
P
P
Tow Service and Storage
 
 
 
 
 
 
 
 
 
 
 
 
S
 
 
 
 
 
7.3.4(E)
Manufacturing and Production
Manufacturing, Heavy
 
 
 
 
 
 
 
 
 
 
 
 
P
 
 
 
 
 
7.3.4(B)
Manufacturing, Light
 
 
 
 
 
 
 
 
 
 
 
P
P
 
 
 
P
P
Self Storage
All
 
 
 
 
 
 
 
 
 
 
S
P
P
 
 
P
P
P
7.3.4(C)
Outdoor Storage
All
 
 
 
 
 
 
 
 
 
 
P
P
P
 
 
 
 
 
7.3.4(D)
Junkyard
Junkyard
 
 
 
 
 
 
 
 
 
 
 
 
S
 
 
 
 
 
7.3.4(F)
Wholesale Sales
All
 
 
 
 
 
 
 
 
 
 
P
P
P
 
 
P
P
P
 
(Ord. A.19.01, passed 8-1-2019; Ord. A.19.02, passed 8-1-2019; Ord. A.19.04, passed 10-3-2019; Ord. A.19.05, passed 10-3-2019)
§ 7.2  USE CLASSIFICATIONS, CATEGORIES, AND TYPES.
   7.2.1   Structure of this section.
   (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.
   (C)   Government facilities.
      (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.
   (C)   Daycare.
      (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;
            (c)   Photographic studios;
            (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
   (C)   Manufacturing and production.
      (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 have been constructed on or after July 1, 1976 and 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 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;
         (iii)   The manufactured home shall be set up in accordance with the standards set by the state’s Department of Insurance;
         (iv)   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;
         (v)   Each manufactured home shall only be used for single-family occupancy;
         (vi)   All manufactured homes shall comply with the Federal Housing Administration requirements relative to tie downs; and
         (vii)   The moving hitch, wheels, and axles shall be removed or screened with opaque screening material and the transporting lights shall be removed.
      Multi-section manufactured homes shall also comply with the following additional standards:
         (i)   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;
         (ii)   The roof eaves and gable overhangs shall be 12-inch minimum (rain gutters may be included in the minimum dimensions);
         (iii)   The moving hitch, wheels, axles, and the transporting lights shall be removed;
         (iv)   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
         (v)   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)   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. Where individual driveways are not used, a minimum ten-foot setback is required from all vehicle parking areas. Townhouses located on internal driveways must maintain a 15-foot setback from the edge of pavement. Where townhouses are established along a public street, they must meet the front setback requirement for the district in which they are located.
         (iv)   Access. Multi-family 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.
   (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.
            (c)   The responsible person will do the following as a minimum to decommission the project:
               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.
   (C)   Hotel and motel.
      (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;
            (c)   Provide adequate parking for customers and employees;
            (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)