§ 155.305  COMMERCIAL USE STANDARDS.
   The following standards shall apply to all permitted uses, conditional uses and special uses, as set forth in the Use Regulations Table (Table 2-1 § 155.202(B)). Additional design considerations may be outlined in the Clayton General Design Guidelines.
   (A)   Adult Oriented Business. Any place defined as an "adult establishment" as defined by G.S. § 14-202.10, as such statute may be amended from time to time, including adult cabarets, and except the definition of "massage business" shall not include any establishment or business where massage is practiced that is a health club, exercise studio, hospital, physical therapy business or other similar health-related business. Adult-oriented business specifically includes, however, any massage business where massages are rendered by any person exhibiting "specified anatomical areas" and/or where massages are performed on any client's "specified anatomical areas." "Specified anatomical areas" are those defined by G.S. § 14-202.10 as such statute may be amended from time to time.
      (1)   No such use shall be located within 1,000 feet of a church, primary, elementary or secondary school, residence or residentially zoned property, any establishment serving on-premises beverages requiring an ABC license, or any other adult-oriented business.
      (2)   There shall be no more than one such use on the same property or in the same building or structure.
      (3)   Except for permanent signage as permitted in § 155.403, there shall be no advertisement, promotional materials, displays, or temporary signs visible to the public from public rights-of way.
   (B)   Bed and Breakfast. A building containing one or more guest rooms for an overnight stay which are rented at a daily rate and where breakfast is the only meal served to guests.
      (1)   An owner shall reside on site.
      (2)   There shall be no substantial modifications to the exterior appearance of the structure; however, fire escapes, handicapped entrances and other features may be added to protect public safety.
      (3)   Meals shall be served on the premises only for guests and employees. Rooms may not be equipped with cooking facilities.
      (4)   Parking shall not be allowed in any street yard.
   (C)   Car Wash/Auto Detailing. A permanent establishment engaged in washing or detailing motor vehicles which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. Detailing includes hand washing and waxing, striping, and interior cleaning.
   (D)   Contractor Office. A facility for a building, heating, plumbing, electrical, landscape, janitorial or similar contractor.
      (1)   All activity shall be conducted entirely within a fully-enclosed building. The temporary loading and off-loading of vehicles shall be permitted outside.
      (2)   The overnight storage of fleet vehicles may be allowed subject to Table 2-1155.202) and § 155.308(D)(7).
   (E)   Contractor Storage Yard. A lot used for the storage of construction material, equipment, or three or more commercial vehicles used by building trades and services, other than construction sites. A contractor’s office is permitted as an accessory to the storage yard.
      (1)   Equipment principally used in construction activity shall include but is not limited to bobcats, front-end loaders, over-head cranes, graders, dump trucks, compactors, forklift, steam rollers, earth movers, bulldozer, backhoe, concrete mixer, trenchers, cable/pipe layers or any such equipment that is not a street worthy vehicle.
      (2)   Outdoor storage may be allowed subject to Table 2-1155.202) and § 155.308(D)(7).
      (3)   Combustible materials and chemicals shall be stored in compliance with all local, state, and federal regulations.
   (F)   Convenience Store with Gas Sales. A convenience store which includes accessory gasoline retail sales to the general public.
      (1)   General Standards.
         (a)   Vehicle repair or service shall not be permitted.
         (b)   The primary building, including any attached canopy, shall conform to all setback requirements.
         (c)   Gasoline pumps, tanks and pump islands shall be located no closer than 20 feet to any side or rear property line or right-of-way.
         (d)   No sign of any type or any gasoline pump or tank shall be located within 20 feet of a residential use.
         (e)   A Class C buffer (see § 155.402) shall be established along any side of the property where the gas station abuts a residential use, provided such buffer shall not restrict clear sight at any intersection or driveway.
         (f)   Freestanding vents shall not be permitted.
         (g)   Outdoor storage and display may allowed subject to Table 2-1155.202) and § 155.308(D)(7).
      (2)   Fuel Canopies.
         (a)   The canopy shall be located no closer than 15 feet to any side or rear property line or right-of-way.
         (b)   The canopy shall not exceed the height of the principal building, but in no case shall the canopy height exceed 20 feet.
      (3)   Single-Bay Automatic Car Wash. An accessory single-bay automatic (not self-service) car wash completely enclosed except for openings necessary to allow entry and exit of vehicles shall be permitted subject to the following:
         (a)   The car wash structure shall be located no closer than 20 feet to any side or rear property line or right-of-way.
         (b)   The car wash structure shall not exceed a height of 20 feet or exceed an overall building dimension of 25 feet in width and 50 feet in length.
         (c)   The car wash structure shall be located behind the rear building line of the principal building.
         (d)   All car wash structures shall meet all applicable yard requirements.
   (G)   Creative Studio. A facility involved in the display and/or instruction of the arts, such as individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items; art classroom; music studio or classroom; dance studio or classroom; martial arts instruction; or similar use. This definition does not include any adult entertainment establishment.
   (H)   Financial Institution. An establishment engaged in deposit banking. Typical uses include commercial banks, savings institutions, and credit unions, including outdoor automated teller machines and drive-thru only facilities.
      (1)   Freestanding automated teller machines require minor site plan approval.
      (2)   Drive-through service is only permitted as an accessory use in the B-3 zoning district, or as a Conditional Use Permit in the B-2 zoning district.
   (I)   Funeral Home. An establishment which arranges and manages funeral and prepares the human deceased for burial.
      (1)   A funeral home may include a crematorium located within the principal building.
   (J)   Hotel/Motel. A building containing one or more guest rooms, for overnight guests, and containing registration facilities, on-site management, cleaning services and combined utilities.
      (1)   All hotel and motel buildings and parking shall be located at least 50 feet from any property line adjoining a residential district or use.
      (2)   Any accessory commercial activities such as restaurants shall not be located along the side of the property adjacent to a residential district or use.
      (3)   Any outdoor recreation facilities, such as swimming pools, shall not be located along the side of the property adjacent to a residential district or use. If the outdoor recreation facility is a swimming pool, it shall meet the standards of § 155.308(D)(9) “Swimming Pools”.
   (K)   Kennel. Any building or land used, designed or arranged to facilitate the care of four or more domestic animals, such as dogs and cats.
   (L)   Laundry Services. An establishment that provides washing, drying, dry-cleaning, or ironing machines for hire to be used by customers on the premises, or that is engaged in providing laundry and dry cleaning services with customer drop-off and pick-up.
   (M)   Lounge, Cocktail. A use or facility engaged primarily in the preparation and retail sale of alcoholic beverages (with food sales an allowed accessory use) for consumption on the premises. This use is also known as tavern, bar, nightclub, or similar use other than restaurant or alcohol sales for off-premises consumption.
      (1)   Except in the B-1 zoning district, a cocktail lounge shall not be located within 250 feet of a residential district and shall be separated a minimum of 750 feet from another cocktail lounge.
      (2)   Outdoor seating and open lounge areas shall meet the criteria set forth in § 155.305(R).
   (N)   Microbrewery. A facility for the production and packaging of beer and other malt beverages for distribution, retail, or wholesale, on or off premise, with a capacity of not more than 15,000 barrels per year. Areas for demonstration, education, retail sale, or tasting are included in this definition as incidental to the primary use of producing beverages.
   (O)   Publisher. A building used for the production and distribution of newspapers, magazines, books, and other related materials.
   (P)   Office, General. A facility generally focusing on business, government, or professional services. General office shall include advertising offices; business management consulting, data processing, collection agency; real estate or insurance agents, and professional services such as lawyer, accountant, bookkeeper, engineer, or architect, sales office, travel agency or any similar use.
   (Q)   Office, Medical. A facility in which a doctor, dentist, psychiatrist, physician's assistant, nurse practitioner, or similar medial provider treats or counsels patients.
   (R)   Outdoor Seating and Sidewalk Cafes. A restaurant which provides as a primary component of its business, an open area outside of the principal structure for seating including areas adjacent to sidewalks or pedestrian circulation areas.
      (1)   Application. Any restaurant or cocktail lounge seeking to operate a sidewalk cafe shall, in addition to acquiring all necessary health and sanitation permits and inspection and applicable ABC and other business licenses, prepare and file an application for outdoor seating with the Planning Director.
      (2)   Site Plan Requirement. A drawing or site plan showing the section of sidewalk or pedestrian way to be used for the sidewalk cafe, and the section to be kept clear for pedestrian use, and depicting the proposed placement of tables, chairs, barriers, and other furnishings on the sidewalk or pedestrian way.
      (3)   Insurance and Indemnification. Applicants must show proof of meeting minimum criteria for general liability insurance and must execute an indemnification statement in favor of the Town, each as approved by the Town Attorney.
      (4)   Issuance of Permit. No permit for outdoor seating may be issued unless the application is complete and unless the following requirements are met.
         (a)   The sidewalk cafe must be associated with an operating restaurant or business such that it is under the same management and shares the same food preparation facilities, restroom facilities and other customer convenience facilities as the restaurant and does not exceed 50% of the interior seating for the associated restaurant or business.
         (b)   The sidewalk cafe must be operated under the same name as the restaurant and may not be opened or operated at any time when the restaurant or business is not open for business.
         (c)   The operation of the sidewalk cafe must be clearly incidental to the associated restaurant business.
         (d)   The placement of tables, chairs and other furnishings, as shown in the site plan, must be done in such a manner not to extend more than five feet from the property line, provided that at least four feet of unobstructed space (as measured from the streetside edge of curb or sidewalk) remains for the passage of pedestrians. Trees, poles, signs, sandwich board signs, planters, benches, hydrants, trash receptacles, and the like are all considered obstructions.
         (e)   The restaurant seeking to operate the sidewalk cafe must front on and open onto the sidewalk or pedestrian way proposed for the sidewalk cafe. The placement of tables, chairs, and other furnishings may not extend in front of other businesses or across other public rights-of-way.
         (f)   The tables, chairs, and other furnishings used in the sidewalk cafe shall be of a type that is easily removed from the public right-of-way. Tables, chairs, and other furnishings used in the operation of the sidewalk cafe must be removed within 24 hours’ notice from the Town. If such items are not removed upon 24 hours’ notice, the Town shall have the right to remove and dispose of these items and may assess the property owner for the cost of such removal and disposal. The Town shall also have the right to remove such items immediately in an emergency situation. The Town shall not be responsible for damage to the public sidewalk cafe barricades and furnishings under any circumstances.
         (g)   Except as elsewhere permitted, the operation or furnishing of the sidewalk cafe shall not involve any permanent alteration to or encroachment upon any street, sidewalk or pedestrian way or to the exterior of the associated restaurant. The owner of the sidewalk cafe shall be responsible for repairing any incidental damage to public sidewalks resulting from the operation of the sidewalk café.
         (h)   The sidewalk cafe shall only be open when the restaurant is open. No person shall consume alcoholic beverages in a sidewalk cafe after such hours.
         (i)   Alcoholic Beverages. Alcoholic beverages may be served and consumed at sidewalk cafes providing the following requirements are met:
            1.   The sidewalk cafe shall be part of a standard restaurant or business and shall otherwise be authorized, permitted or licensed under the state law and Town codes to serve and sell alcoholic beverages for on-premises consumption.
            2.   The portion of the sidewalk cafe where alcohol is or may be served shall be enclosed by clearly visible barricades and shall have not more than two points of ingress or egress.
            3.   The sidewalk cafe must be included as part of the premises for which an ABC permit is issued pursuant to G.S. § 18B-1001 for the purposes of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages.
            4.   Signs shall be posted, visible at all exit points from the sidewalk cafe, that it is unlawful to remove alcoholic beverages in open and unsealed containers from the premises.
            5.   The business operator shall not have violated any law, regulation or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the five years preceding the commencement of the sale of alcoholic beverages at the sidewalk café.
         (j)   Denial. A permit may be denied if it is found that the granting of the permit would not be in the public interest. Any applicant denied a permit to operate a sidewalk cafe shall receive a written statement, outlining the grounds on which the denial is based. The applicant may appeal the denial of the permit to the Town Council within 30 working days after the date of the written denial and the Town Council may take such corrective action as it shall find necessary. The findings and determination of the Town Council shall be final.
         (k)   Permit Revocation. The Town Manager or his designee may revoke a permit issued pursuant to this section, if he finds that the restaurant operator has:
            1.   Deliberately misrepresented or provided false information in the permit application;
            2.   Violated any provision of this code;
            3.   Violated any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances;
            4.   Operate the sidewalk cafe in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare, specifically including failure to keep the sidewalk cafe area clean and free of refuse; and/or
            5.   Failed to maintain any health, business or other permit or license required by law for the operation of a restaurant business. Before the revocation of a permit, the Town Manager shall notify the permit holder of his intent to revoke the permit and the reasons therefor and shall afford the permit holder a reasonable opportunity to appear and be heard on the question of such revocation. After the hearing, the Town Manager shall notify permit holder in writing of the decision and the reasons therefor. A decision of the Town Manager to revoke permit may be appealed to the Town Council in accordance with the provision of this section.
         (l)   Term, Transfer, Renewal, and the Like. Permits issued in accordance with the provisions of this section shall:
            1.   Be renewed automatically on an annual basis unless notice is otherwise given to the applicant or business; and
            2.   Not be transferable or assignable.
      (5)   Definitions. For purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         PEDESTRIAN WAY. An improved walk or passageway intended for use by pedestrians, but not adjacent to any Town street.
         RESTAURANT. An establishment engaged in the business of regularly and customarily selling food, primarily to be eaten on the premises, including businesses that are referred to as restaurants, cafeterias, cafes, lunch stands, grills, snack bars, fast food businesses and other establishments, such as drug stores, which have a lunch counter or other section where food is sold to be eaten on the premises. This definition does not include food vendors selling food as part of a festival or nonprofit event.
         RESTAURANT OPERATOR OR BUSINESS OPERATOR. The person, firm or corporation operating a restaurant and associated sidewalk cafe. As used in this section, this definition includes the owner and manager, if different from the owner of the restaurant and associated sidewalk café.
         SIDEWALK. That portion of a public street between the curb line, or the lateral lines of the roadway if there is no curb and the adjacent property line that is intended for the use of pedestrians.
   (S)   Parking Lot. An area provided for self-parking or valet-parking of operable passenger automobiles or commercial vehicles by employees, visitors, and/or patrons of any office of government, public accommodations, commercial or industrial establishments, institutions, or any other business open to the general public. Parking lots may be further defined as being available for compensation, free, or as an accommodation to clients or customers, and are generally only utilized during regular business hours. For short-term or long-term vehicle storage, see “Self-Storage Facility”.
   (T)   Pawn Shop. Any establishment engaged in the loaning of money on the security of personal property pledged in the keeping of the pawnbroker, and the sale of such property.
      (1)   Outdoor storage and display may be allowed subject to Table 2-1155.202) and § 155.308(D)(7).
   (U)   Radio or Television Studio. An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services, broadcasting or telecommunication facilities.
   (V)   Restaurant. A use, facility, or establishment whose primary purpose is the preparation and sale of food for on- or off-premise consumption. This use may or may not include the accessory sale of alcoholic beverages.
      (1)   Drive-through service is only permitted as an accessory use in the B-3 zoning district, or as a Conditional Use Permit in the B-2 zoning district.
   (W)   Retail Sales. A facility involved in the wholesale or retail sale, lease, or rental of new or used products. Retail shall include the selling, leasing or renting of the following goods: antiques; art; art supplies; bicycles; books; building supplies; cameras; carpet and floor coverings; crafts; clothing; computers; dry goods; electronic equipment; fabric; furniture; garden supplies; hardware; health and beauty products; household products; jewelry; medical supplies; musical instruments; music; pets; pet supplies; photo finishing; printed materials; crafts; flowers; gifts or souvenirs; groceries; plants; picture frames; produce; sporting goods; stationery; tobacco; videos, or any similar use. Also includes preparation and sale of baked goods, coffee, ice cream, fountain drinks, confections, and similar products whose preparation does not require installation of an exhaust hood. The retail sale of automobile parts is allowed provided that no on-site automobile service or repair is provided. This definition does not include any adult-oriented business or adult-entertainment establishment.
      (1)   Outdoor display and sales and outdoor seating and dining may be allowed subject to Table 2-1155.202) and § 155.308(D)(7).
      (2)   Limited outdoor storage may be allowed in the B-3 and industrial zoning districts only, subject to Planning Board approval.
      (3)   General outdoor storage may be allowed in industrial zoning districts only, subject to Table 2-1155.202) and § 155.308(D)(7).
      (4)   Uses that are strictly wholesale and not available to the general public shall not be allowed in the B-1 or B-2 zoning districts.
      (5)   Drive-through service is only permitted as an accessory use in the B-3 zoning district, or as a Conditional Use Permit in the B-2 zoning district.
   (X)   Self Storage Facility. A facility consisting of individual, self-contained units that are leased for the storage of business or personal goods.
      (1)   All storage shall be contained within a fully-enclosed building. However, limited outdoor storage of boats, travel trailers, recreational vehicles, and other noncommercial, occasional use vehicles may allowed subject to Table 2-1155.202) and § 155.308(D)(7).
      (2)   A Class C buffer (see § 155.402) shall be established along any side of the property where the self-storage facility abuts or is across the street from a residential use or a public right-of-way.
      (3)   Where the end wall of the self-storage facility is visible from a public right-of-way, the wall shall be buffered by a hedge that has a mature height of at least four feet.
      (4)   The following activities shall be prohibited on the premises:
         (a)   Commercial, wholesale or retail sales, flea markets or peddling, or miscellaneous or garage sales. However, once a month, the management of the self-storage facility may conduct a one-day auction or sale of abandoned or stored materials to settle unpaid storage bills in accordance with state regulations.
         (b)   Servicing, repair, or fabrication or motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
         (c)   Operation of a transfer-and-storage business.
         (d)   Operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment except when needed for maintenance of the use.
         (e)   Any activity that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
         (f)   Storage of hazardous chemicals, flammable liquids, or combustible and explosive materials.
         (g)   Habitation of storage units by humans or animals.
   (Y)   Service. A facility involved in providing personal or repair services to through traffic as well as the surrounding neighborhood. General services shall include the following personal services: beauty, hair, nail, or tanning salon, massage therapy, pack-and-ship facility, animal grooming; photographic; photography, blueprint, quick-sign service; psychic or medium; security service; taxidermist; catering service or any similar use. General services shall also include the following repair services: bicycles; moped, canvas products; clocks; computers; jewelry; musical instruments; office equipment; radios; shoes; televisions; furniture; watches or any similar use. Also includes a tailor, milliner, upholsterer or locksmith. This definition does not include any adult-oriented business or adult entertainment establishment. All activity shall be conducted entirely within a fully-enclosed building, except for the following:
      (1)   Outdoor storage may only be allowed in the B-3 zoning district subject to Table 2-1155.202) and § 155.308(D)(7).
      (2)   Outdoor display and sales may allowed subject to Table 2-1155.202) and § 155.308(D)(7).
   (Z)   Tattoo Parlor. An establishment whose principal business activity is the practice of one or more of the following:
      (1)   Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.
      (2)   Piercing of the body of a person (other than the ear) for the purpose of inserting jewelry or other decoration.
   (AA)   Towing Service and Storage. The use of a lot for the temporary storage of operable or inoperable vehicles in conjunction with a commercial towing service, with no sales or repair or salvage activity occurring on the lot and subject to the following standards:
      (1)   Outdoor storage may allowed subject to Table 2-1155.202) and § 155.308(D)(7).
   (BB)   Vehicle Repair or Service. An establishment engaged in the repair of new or used motorized vehicles, equipment.
      (1)   No vehicle sales shall be permitted.
      (2)   A Class C buffer (see § 155.402) shall be established along any side of the property adjacent to a residential use.
      (3)   If the facility has more than one service bay, the additional service bay doors shall not be oriented toward any residential use, or the service bays shall be screened from view from adjacent property using landscaping.
      (4)   All repair or service operations, excluding washing, shall be conducted entirely within a fully enclosed building. The term fully-enclosed building shall not be construed to limit open bay doors during hours of operation.
      (5)   Operable vehicles may be parked on-site during business hours. All vehicle parking shall be accomplished on the site, and in no case shall a parked vehicle encroach into the right-of-way.
      (6)   The outdoor overnight storage of vehicles may be allowed subject to Table 2-1155.202) and § 155.308(D)(7).
      (7)   There shall be no dismantling of vehicles for salvage.
      (8)   The storage of impounded vehicles shall not be permitted.
   (CC)   Vehicle Sales and Rental. An establishment engaged in the sale, rental, or lease of new or used motorized vehicles, equipment, or mobile homes as defined by the department of motor vehicles. Typical uses include auto and truck rental, lease and sales; boat rental and sales; mobile home and recreational vehicle sales; construction equipment rental yards; moving trailer rental, and large implement sales or rental.
      (1)   A Class C buffer (see § 155.402) shall be established along any side of the property adjacent to a residential use.
      (2)   Operable vehicles may be parked on-site during business hours. All vehicle parking shall be accomplished on the site, and in no case shall a parked vehicle encroach into the right-of-way.
      (3)   The outdoor overnight storage of vehicles under repair may be allowed subject to Table 2-1155.202) and § 155.308(D)(7).
      (4)   Vehicle sales displayed for rental or sale visible from the public right-of-way shall provide a parking buffer as set forth in § 155.402(E)(2)(b).
   (DD)   Veterinary Clinic. An establishment engaged in providing medical care, treatment and temporary boarding for animals.
      (1)   Outdoor runs may be permitted subject to Board of Adjustment approval (see § 155.710).
      (2)   All animal boarding shall occur indoors. All pens, kennels and runs shall be located within an enclosed structure.
   (EE)   Video Sweepstakes Operation. Any business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to internet cafes, internet sweepstakes, and cybercafés. This does not include any lottery approved by the State of North Carolina.
      (1)   Unaccompanied persons under the age of eighteen (18) are prohibited from entering the premises.
      (2)   The hours of operation shall be limited to Sunday through Thursday 9:00 a.m. to 1:00 a.m., and Friday and Saturday 9:00 a.m. to 2:00 a.m.
      (3)   A maximum of one hundred (100) machines are allowed at each establishment.
      (4)   Two (2) or fewer machines are classified as an accessory use and shall not be bound by the standards of this section.
      (5)   All uses meeting the definition of Internet Sweepstakes Facilities that were established prior to December 3, 2012 shall cease operations and close or be brought into compliance with the provisions of this Section by midnight, December 31, 2013.
(Ord. 2012-04-03, passed 4-2-12; Am. Ord. 2012-12-03, passed 12-3-12; Am. Ord. 2016-04-04, passed 4-4-16; Am. Ord. 2017-04-06, passed 4-3-17)