(A) Athletic Field, Private
Private athletic fields shall comply with the use-specific standards for Public Athletic Fields set forth in Section 5.2.2(A).
(B) [Reserved]
(C) Agricultural Uses
(1) Produce Stands
In the R-40 and R-80 districts, any structure or building used for the sale of products grown or raised on the premises shall have a
floor area
or lot coverage no greater than five hundred (500) square feet, be located no closer than one hundred (100) feet from the side or rear property line, and have a height less than fifteen (15) feet. Such uses shall provide safe vehicular access and adequate parking for customers, and shall comply with applicable sign requirements as set forth in Section 9.3.2 of this Ordinance.
(2) Agri-tourism
In the R40 and R-80 districts, farming operations may operate education and entertainment programs including but not limited to corn mazes, petting zoos of farm animals, hay rides and farming techniques. Accessory uses to the agri-tourism enterprise may include refreshments and concessions, entertainment, and the sale of farm or agricultural related products which may or may not be produced on site.
(3) Bona Fide Farms
Property that is located in the Town's extraterritorial jurisdiction and that is used for bona fide farm purposes is exempt from the provisions of this Ordinance to the same extent bona fide farming activities are exempt from county zoning pursuant to G.S. 160D-903, as further described in LDO Section 1.6.5.
(D) Electronic Gaming Operation
(1) In the GC, ORD, and I zoning districts, such use shall be separated by a minimum of five hundred (500) feet from any residence and/or residentially-zoned property, religious assembly, licensed day care facility, public or private school, or another electronic gaming operation. The five hundred (500)-foot distance shall be measured on a straight line from property line to property line, with no consideration as to intervening structures, roads, or land forms.
(2) In the ORD district, such use shall be allowed only on properties within the Airport Overlay District.
(3) In the Town Center Commercial (COM) sub-district, such use shall be separated by a minimum distance of five hundred (500) feet from any other electronic gaming operation. The five hundred (500)-foot distance shall be measured on a straight line from property line to property line, with no consideration as to intervening structures, roads, or land forms.
(4) No alcohol may be served in the establishment.
(E) Kennel
(1) Requirements for All Kennels
(a) All kennel buildings shall be sufficiently insulated so that no unreasonable noise or odor shall be detected off-premises.
(b) Indoor and outdoor kennels may be allowed in the R-40 and R-80 districts as a special use provided that the kennel is accessory to an existing principal dwelling unit on the same parcel.
(2) Additional Requirements for Outdoor Kennels
An outdoor run or pen shall be located on site and shall be screened from the view of all adjacent streets and properties by fencing or vegetation. No unreasonable noise or odor shall be detected off-premises.
(F) Commercial Indoor Recreational Facility
(1) All swimming pools, hot tubs, and spas shall provide an enclosure meeting the standards set forth in Section 5.2.2(D) above.
(2) In the OI district, the use shall be allowed only if all of the following conditions are present:
(a) The principal use of the building is office;
(b) The total floor area of all such uses and/or structures is no greater than twenty (20) percent of the total gross floor area of the building;
(c) Such uses combined do not have more than one (1) entrance for customers separate from that of the office use;
(d) The use does not have a drive-up window, nor an outside amphitheater, stage, or other provision for live or recorded acoustic or amplified entertainment outside of the building.
(3) In the OFC/INS subdistrict of the TC district, this use may be allowed as an ancillary use whose primary purpose is to service the needs of another principal use that is allowed as either a permitted or a special use in Table 5.1-2, provided that:
(a) The total floor area of all such uses and/or structures is no greater than twenty (20) percent of the total gross floor area of the building;
(b) Such uses combined do not have more than one (1) entrance for customers separate from that of the office use; and
(c) The use does not have a drive-up window, nor an outside amphitheater, stage, or other provision for live or recorded acoustic or amplified entertainment outside of the building.
(G) Nightclub/Bar
(1) General Provisions
The use shall not have a drive-up window, nor an outside amphitheater, stage, or other provision for live or recorded acoustic or amplified entertainment outside of the building, unless such feature is approved as part of a special use permit.
(2) Outdoor Activities as Part of a Special Use Permit
Nightclubs and bars having any outside amphitheater, stage, sports equipment, playing field or court, or any provision for live or recorded acoustic or amplified entertainment outside of the building, shall comply with the following standards:
(a) The use shall be located no closer than one hundred (100) feet from any residential zoning district or use.
(b) The Zoning Board of Adjustment may establish a closing time for any outside facility that is earlier than the closing time of the activities that occur entirely within the building.
(3) OI District
Nightclubs or bars may be approved as a special use in the OI district provided they comply with the following standards:
(a) The principal use of the building shall be office.
(b) The total floor area of all such uses shall not be greater than twenty (20) percent of the total gross floor area of the building.
(c) Such uses combined shall not have more than one (1) entrance for customers separate from that of the office use.
(4) In the OFC/INS subdistrict of the TC district, this use may be allowed as an ancillary use whose primary purpose is to service the needs of another principal use that is allowed as either a permitted or a special use in Table 5.1-2, provided that:
(a) The total floor area of all such uses and/or structures is no greater than twenty (20) percent of the total gross floor area of the building; and
(b) Such uses combined do not have more than one (1) entrance for customers separate from that of the office use.
(H) [Reserved]
(I) Postal Center, Private
In the OI district, such uses shall meet the following standards:
(1) The principal uses of the business shall be parking and office, and floor space for the private postal center shall be limited to no more than twenty (20) percent of the gross square footage of the office building.
(2) Vehicle and/or equipment maintenance, repair, and warehouse uses shall not be permitted.
(J) Parking Lot as a Principal Use
Parking lots shall only be allowed as a permitted principal use of property if the following conditions are met:
(1) The parking lot is used for shared parking with another principal use and/or offsite parking; or
(2) The property is located in the Airport Overlay district.
(K) Restaurant; Retail Store
(1) OI District
In the OI district, the use shall be allowed as a permitted use only if all of the following conditions are present:
(a) The principal use of the building is office;
(b) The total floor area of all such uses is no greater than twenty (20) percent of the total gross floor area of the building;
(c) Such uses combined do not have more than one (1) entrance for customers separate from that of the office use;
(d) The use does not have a drive-up window, nor an outside amphitheater, stage, or other provision for live or recorded acoustic or amplified entertainment outside of the building.
(2) In the OFC/INS subdistrict of the TC district, this use may be allowed as an ancillary use whose primary purpose is to service the needs of another principal use that is allowed as either a permitted or a special use in Table 5.1-2, provided that:
(a) The total floor area of all such uses and/or structures is no greater than twenty (20) percent of the total gross floor area of the building;
(b) Such uses combined do not have more than one (1) entrance for customers separate from that of the office use; and
(c) The use does not have a drive-up window, nor an outside amphitheater, stage, or other provision for live or recorded acoustic or amplified entertainment outside of the building.
(3) In the OFC/IND district, the use shall be allowed as a permitted use provided that:
(a) The total floor area of all such uses is no greater than thirty-three (33) percent of the total gross floor area of the building; and
(b) The use does not have a drive-through facility, nor an outside amphitheater, stage, or other provision for live or recorded acoustic or amplified entertainment outside of the building.
(4) Outdoor Activities
Restaurants having any outside amphitheater, stage, sports equipment, playing field or court, or any provision for live or recorded acoustic or amplified entertainment outside of the building, shall comply with the following standards:
(a) The use shall be located no closer than one hundred (100) feet from any residential zoning district or use; and
(b) The Town Council may establish a closing time for any outside facility that is earlier than the closing time of the activities that occur entirely within the building.
(5) CT District
Restaurants (indoor and/or outdoor) and/or retail stores shall be allowed in the Redevelopment Area and first three hundred (300) feet of Infill Area portions of the Corridor Transition District for the Walnut Street Corridor provided the following conditions are met:
(a) The principal use of the building is office or personal services;
(b) The total square footage of such uses (whether combined or otherwise) shall be limited to twenty (20) percent of the total building square footage;
(c) Such uses combined do not have more than one (1) entrance for customers which is separate from that of the office use; and
(d) Such uses do not have a drive-up window, nor an outside amphitheater, stage or other provision for live or recorded acoustic or amplified entertainment outside of the building.
(L) Radio or TV Broadcasting Studio
Such uses shall require approval of a special use permit for associated towers or helipads.
(M) Adult Business
(1) In the Mixed Use Overlay District, and the portion of the ORD district outside of the Airport Overlay District, adult businesses may be permitted with a special use permit (see Section 3.8) provided that:
(a) No such business shall locate within two thousand (2,000) feet of any other adult business, as measured in a straight line from property line to property line;
(b) No adult business shall be located within one thousand (1,000) feet of a church, public or private elementary or secondary school, child day care center or nursery school, public park, residences and/or residentially zoned property, or any establishment with an on-premise ABC license. The one thousand (1,000) foot distance shall be measured on a straight line from property line to property line, with no consideration as to intervening structures, roads or land forms;
(c) There shall not be more than one (1) adult business on the same property or in the same building, structure, or portion thereof;
(d) No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any adult business; and
(e) Except for the signs permitted under Section 9.3 of this Ordinance, no other advertisements, displays or signs or other promotional materials shall be visible to the public from pedestrian sidewalks, walkways, or vehicular use areas.
(2) In the portion of the ORD district within the Airport Overlay District, adult businesses shall be permitted by right subject to the use-specific standards listed in 5.2.3(M)(1).
(N) Vehicle Filling Station, Vehicle Repair, Vehicle Service, Car Washes, and Towing and Vehicle Storage
(1) No vehicle shall be parked or stored as a source of parts and no vehicle shall be parked for the purpose of sale or lease/rent.
(2) All repairs and storage shall be contained within an enclosed building. Temporary vehicle storage may be allowed in an outdoor storage area that shall be no larger than twenty-five (25) percent of the total lot area. Such areas shall be located to the rear of the principal structure and shall be screened from offsite views by a solid, decorative fence or masonry wall at least eight (8) feet in height. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.
(3) No vehicle that has been repaired and is awaiting removal, or that is awaiting repair, shall be stored or parked for more than thirty (30) consecutive days.
PRINCIPLES OF INTERPRETATION |
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 thirty (30) day period provided that the owner or operator of the establishment can demonstrate that steps have been taken to remove the vehicle following the
premises
using the appropriate legal means. |
(4) Uses established after July 1, 2003 or alterations to existing uses established prior to July 1, 2003 shall require compliance with Section 14.3 Illegal Discharges to the Storm Sewer System.
(5) In the HMXD and MXD subdistricts of the TC district, such uses may be permitted based upon the following conditions:
(a) Such uses must be lawfully established prior to July 1, 2003;
(b) Expansion of the building(s) or increased use of the site beyond that legally established on July 1, 2003 is permitted by right, provided that such expansions comply with the TC district standards;
(c) Maintenance and minor repair of structures and/or the site is permitted by right;
(d) If the use ceases or is interrupted for more than one hundred and eighty (180) consecutive days, then the use shall not be re-established, with the exception of vehicle service and repair use, which may be re-established by right provided that:
1. The existing building was legally used for vehicle service and repair use at some point in past; and
2. The building has been vacant for a period of at least twenty-four (24) months; and
3. All restoration activities, and storage of automotive parts and materials, shall be contained within an enclosed building, except that storage of vehicles may be allowed in an outdoor storage area that meets all of the following requirements:
a) is no larger than twenty-five (25) percent of the total lot area.
b) is located to the rear of the principal structure; and
c) is screened from offsite views by a solid, decorative fence or masonry wall at least eight (8) feet in height.
(6) In the HMXD and MXD subdistricts of the TC district, such uses may be permitted with a special use permit (see section 3.8) if there is an addition of land to a parcel or site containing such uses through an action of the owner or their agent after July 1, 2003.
(7) These standards shall also apply within the HMXD and MXD subdistricts to other land uses in the Vehicles and Equipment Use Category of Table 5.1-2, including but not limited to, car washes and towing and vehicle storage establishments.
(O) Veterinary Hospital/Office
(1) No kennel shall be maintained outside of the principal building.
(2) Where outdoor enclosed yard area is provided, such yard area shall be enclosed by a solid, decorative fence or masonry wall at least eight (8) feet in height.
(3) The animal hospital structure shall be insulated and soundproofed, in order to minimize all loud and disturbing noises that might disturb those persons in adjoining structures or in the nearby vicinity.
(P) Private Transportation Service
Businesses that provide transportation services to move people from one (1) location to another location using passenger vehicles such as sedans, sport utility vehicles, vans, buses, or limousines. The business may include both an office component and a parking component, with the opportunity for the parking component to occur independently of the office component, on a separate lot with a different principal use, if certain conditions are met. This use does not include taxis or medical transportation vehicles.
(1) Vehicle Types Defined
For the purpose of this section, vehicle types shall be distinguished as follows:
(a) Type I Passenger Fleet Vehicles
Type I passenger fleet vehicles are limited to two (2)-axle and four (4)-tire vehicles that are manufactured primarily for the purpose of carrying passengers. Such vehicles include sedans, coupes, station wagons, sport utility vehicles and mini-vans.
(b) Type II Passenger Fleet Vehicles
Type II passenger fleet vehicles are limited to two (2) axles and six (6) tires, and are manufactured primarily for the purpose of carrying passengers. Such vehicles are typically taller, longer or heavier than Type I passenger vehicles, and may include stretch limousines and buses.
(2) Development Standards
Specific standards for the private transportation service use, including both on-site and off-site passenger fleet parking, shall be met in accordance with Table 5.2-2a.
USE-SPECIFIC DEVELOPMENT STANDARDS | ZONING DISTRICTS WHERE USE IS PERMITTED | ||||
OI | GC | I | MXD | ||
Office Component - Parking | As required for Office, Business or Professional, per Table 7.8-1 | ||||
Passenger Fleet Parking Component | Vehicle Type(s) Allowed | Type I only | Type I and Type II | Type I and Type II | Type I only |
Maximum Number of vehicles per site | 30 | 60 | No limit | 30 | |
Location of Parking Spaces on Site | Rear of Building(s) | Side or Rear of Building(s) | No Restriction | Rear of Building(s) | |
(3) Additional Fleet Parking Requirements
(a) Such parking spaces shall be in excess of the minimum required for the principal use of the property.
(b) For off-site passenger fleet parking, a notarized statement from the property owner, or a copy of a parking agreement ensuring permission to utilize the off-site parking spaces, shall be submitted prior to development plan approval.
(c) When fleet parking is located adjacent to or across a local street from property that is zoned OI or zoned for residential use, the areas being used for fleet parking shall be screened from the view of such properties through the use of either a six (6)-foot tall opaque fence (in addition to normal buffer planting requirements) or through the use of evergreen landscaping (minimum height of six (6) feet at installation, planted every six (6) feet on center) that will screen the view of the fleet parking from the ground level up. If the evergreen landscaping option is selected in this situation, then the evergreen material being utilized to provide this required screening may be counted towards any comparable evergreen plantings associated with the normal buffer landscape requirements.
(Q) Motor Vehicle Sales/Rental
(1) In the GC district and the Mixed Use Overlay District, motor vehicle rental shall be permitted by right based upon the following conditions:
(a) The rental office is located within a tenant space in a general shopping center use;
(b) The portion of the parking lot utilized by rental vehicles consists of no more than ten (10) spaces per one thousand (1,000) square feet of heated leasable space for the rental use or as determined by private contract with the property management, whichever is less;
(c) The vehicles available for rent shall be limited to passenger vehicles; and
(d) No signage may be displayed on vehicles.
(2) In the GC district and the Mixed Use Overlay District, motor vehicle sales and rental shall be permitted as Special Uses based upon the following conditions:
(a) The use is proposed or was established or enlarged after March 22, 2001;
(b) The vehicles sales or rental lot is separated from any other business use by at least a thirty (30) foot Type A perimeter buffer; and
(c) A permanent sales or rental office is located on the site of the sales or rental use.
(3) In the HMXD and MXD subdistricts of the TC district, motor vehicle sales and rental shall be permitted by right based upon the following conditions:
(a) Such uses must be lawfully established prior to July 1, 2003;
(b) Expansion of the building(s) or increased use of the site beyond that legally established on July 1, 2003 is permitted by right, provided that such expansions comply with the TC district standards;
(c) Maintenance and minor repair of structures and/or the site is permitted by right;
(d) If the use ceases or is interrupted for more than one hundred eighty (180) consecutive days, then the use shall not be re-established;
(e) An addition of land to a parcel or site containing such uses through an action of the owner or their agent after July 1, 2003 shall require special use permit approval (see Section 3.8).
(R) Wellness Center
(1) OI District
In the OI district, the use shall be allowed as a permitted use only if all of the following conditions are present:
(a) The principal use of the building is office;
(b) The total floor area of all such uses is no greater than fifty (50) percent of the total gross floor area of the building, or ten thousand (10,000) square feet, whichever is less;
(c) Such uses combined do not have more than one (1) entrance for customers separate from that of the office use unless required by building or fire code;
(2) ORD District
In the ORD district, any of these uses shall be permitted as an ancillary use provided that:
(a) The total floor area of all such uses is no greater than fifty (50) percent of the total gross floor area of the building or ten thousand (10,000) square feet, whichever is less;
(b) Such uses combined do not have more than one (1) entrance for customers separate from that of the office use unless required by building or fire code;
(S) Trade School
(1) Trade schools within the OI and GC districts shall comply with the following standards:
(a) All activities shall be performed inside a building;
(b) No outdoor storage shall be associated with the use; and
(c) The trade school is not related to metal fabrication, automotive repair, or other industrial activities.
(2) Special Use Permit approval (see Section 3.8) shall be required for trade schools within the OI and GC districts if the property is located within four hundred (400) feet of a residential use or zoning district.