(A) Intent.
(1) It is the intent of this section to provide general design standards for development in the town and its zoning jurisdiction to insure that such development will be arranged and constructed in a safe, orderly and visually harmonious manner and will reflect the basic character of the development site and its surroundings.
(2) New construction projects in any zoning district requiring a building permit, except single- family residential construction or residential accessory construction, are required to meet certain development standards to insure compatibility with surrounding land uses, provide for attractive, well-planned projects, and promote the public health, safety, and welfare of the town. All such construction projects must be approved prior to the start of construction by the Planning Staff, as established by §§ 153.100 through 153.102.
(3) If the Project Review Committee deems it impractical for a developer to comply with portions of this section, the Planning Staff shall have the authority to modify or elect not to apply portions of this section so long as the modification or deletion of a requirement does not constitute a variance.
(4) A site plan, once approved, must be resubmitted if construction has not commenced within one year of approval. Construction is deemed to have commenced if footers have been poured and approved.
(B) Applicability. The provisions of this section shall be applicable to each of the following:
(1) All new development;
(2) Change in use of existing structures;
(3) The physical expansion of an existing structure, or parking lot, that results in a 10% or more increase of gross floor area.
(C) General site arrangement. Structures shall be placed and arranged so as not to adversely affect adjacent property. Adverse effects shall include, but not be limited to the creation of hazards, nuisances, danger or inconvenience, the unreasonable loss of light and air or solar access, or unreasonable loss of privacy.
(D) Development standards.
(1) Area, yard, and height requirements. The area, yard, and height requirements shall be the same as those established for each zoning district in Appendix A: Yard and Height Requirements for Residential Districts and Appendix B:Yard and Height Requirements for Business Districts.
(2) Plans required. Site plans are required before any decision can be rendered by the Project Review Committee (Planning/Zoning Staff). At least three copies of all required plans, drawings, and specifications shall be filed at the time of application. These plans and specifications shall furnish the following information.
(a) Location and easements. The applicant shall provide a boundary survey and vicinity map showing the property's total acreage, zoning classification (s), general location in relation to major streets, railroads, and/or waterways; date; north arrow; existing easements, reservations, and rights-of-way.
(b) Suitability of land for development. Plans shall include topographical features, streams, vegetation, soil types, flood prone areas, historic sites, and other features.
(3) Timing of development. The proposed schedule of development including phases or stages likely to be followed shall be submitted with all plans.
(4) Water and sewer system. Plans shall show the location of public water and sewer lines presently in existence, connections to these lines, manholes, pumping stations, fire hydrants, and other necessary features. All multi-family projects must have public water and sewer service or approved treatment facilities are required by the appropriate state or local authorities. Where a public water and/or sewer service is not reasonably available, individual water supply systems or subsurface sewage disposal systems may be permitted subject to approvals by the Gaston County Health Department.
(5) Storm water drainage system. A storm water drainage system is required and shall be submitted with the site plan(s). See § 153.014 for requirements.
(6) Grading plan and sedimentation control measures.
(a) Proposed grading plans and sedimentation control measures, as required by the this Code, shall be included with any petition.
(b) No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing considerable damage to such higher adjacent properties; concrete curb or curb and gutter is required to adequately direct and control storm water in all parking lots.
(7) Streets, curb and gutter, street lights. The proposed location and design of streets, curbs and gutters, and street lights, as required by the this Code, shall be included on the site plan(s). All streets shall adhere to the most recently adopted version of the town street and traffic standards policy.
(a) Combination vertical curbs and gutters shall be installed in accordance with town specifications in all subdivisions, except as follows:
1. “Valley type” curb and gutter may be requested if the road is a non-arterial local road as defined by NC Department of Transportation;
2. If the proposed subdivision is off a private unpaved road that accesses no greater than three lots, as allowed in division (A)(2) above, sewer and gutter on any portion of the road shall not be required;
3. If a residential subdivision is located in the Watershed Protected Area, curbs and gutters are optional. The Watershed-IV Protected Area is shown on the official zoning map adopted by the Town Board of Aldermen, designating all areas located within this watershed.
(b) The diagrams below shall serve to illustrate curb and gutter requirements.
(8) Street access, easements, monuments, property lines. Proposed street access, easements, monuments, and property lines, as required by this Code, shall be included as part of the site plan(s).
(a) Multiple accesses. For all new development and redevelopment the following guidelines shall apply to regulate appropriate ingress and egress to promote public safety.
1. Residential development. For all proposed residential development, the following guidelines shall apply:
A. Required access for residential development, including single- family and multi-family, shall have at a minimum:
i. Zero to 100 dwelling units require one access road into the development;
ii. One hundred one to 250 dwelling units require two access roads into the development;
iii. Two hundred fifty-one or more dwelling units require three access roads into the development.
B. All means of ingress and egress for residential developments shall adhere to the development standards in this § 153.013.
2. Remoteness. For any development where two or more access points are required, the minimum distance between the first two entrances shall be placed a distance apart equal to one- half the maximum diagonal dimension of the property or area served, measured in a straight line. If a third access is required, it shall be placed no less than 400 feet from another entrance measured from the center line of the right-of-way.
(9) Sidewalks. The proposed location and design of sidewalks, as required by this Code, shall be included as part of the site plan(s).
(a) Sidewalks may be required along both sides of streets in subdivisions.
(b) Sidewalks shall be required in order to promote the free flow of vehicular traffic and to provide safety to pedestrians.
(c) Sidewalks shall be constructed within the street right-of-way and installed in accordance with town specifications and standards.
(10) Building layouts. The proposed location and design of building layouts, as required by this Code, shall be included as part of the site plan(s).
(11) Parking and loading.
(a) 1. Off-street parking shall be provided for all uses of land, structures, and buildings as well as for any expansion of such uses or change in use in accordance with the requirements of this chapter.
2. Every building or structure used for business, trade or industry hereafter erected shall provide space for the loading and unloading of vehicles off the street or public alley. Such space shall be located, when possible, at the rear of the business. In some cases the Zoning Enforcement Officer may approve the loading space at the end or side of a business. No vehicle shall be required to back onto a right-of-way, street, or public alley.
(b) Parking space requirements. See § 153.042 for requirements.
(c) Loading space requirements. See § 153.044 for requirements.
(d) Methods of providing required parking and loading. All required parking or loading spaces shall be located on the same zoning lot as the principal use(s) it serves, except as approved by the Zoning Enforcement Officer. Off-site parking for a permitted use, as required by this chapter, can be used, subject to certification by the Zoning Enforcement Officer that the following requirements have been met:
1. The use being served by the off-site parking is a permitted principal use in the zoning district within which the lot containing such parking is located;
2. The off-site parking spaces are located within a walking distance of 500 feet to a public entrance to the structure or land area containing the use for which such spaces are required;
3. A safe, direct, attractive, lighted and convenient pedestrian route exists or will be provided between the off-site parking and the use being served;
4. The continued availability of off-site parking spaces necessary to meet the requirements of this section are insured by an appropriate restriction on the title to the land providing the off-site parking spaces, in the form of a declaration, covenant, or contract.
(e) Combined parking.
1. Up to one-half of the parking spaces required for one use may be used to satisfy the parking requirements for either a second use on the same zoning lot or a use for which the provisions of division (11)(c) above are utilized, subject to certification by the Zoning Enforcement Officer that such joint usage of parking complies with the following provisions:
a. The peak usage of the parking facility by one use will be at night or on Sundays (such as with theaters, assembly halls, or churches), and the peak usage of the parking facility by the second will be at other times; or
b. The second use is an ancillary use to the first use, such as restaurants and meeting rooms to hotels and motels.
(f) Use of required parking and loading areas. Parking areas shall be used for parking automobiles, motorcycles and passenger trucks only, with no sales, storage, repair work, dismantling, or service of any kind permitted. Required loading space shall be available for the loading and unloading of vehicles, and shall not be used for the storage of vehicles or material, or to meet off-street parking requirements.
(g) Parking lot landscaping require-ments.
1. The intent of this provision is to protect and promote the public health, safety and general welfare by requiring the landscaping of parking lots. Landscaping will serve to reduce wind and air turbulence, erosion, heat and noise, the glare of automobile lights, the level of carbon dioxide, the blighted appearance of parking areas. Landscaping will provide shade, conserve and stabilize property values, and facilitate the creation of attractive and harmonious community.
2. After the effective date of this section, buffers and screening shall be required between all parking lots and abutting uses. A six- foot screen shall be provided between parking areas and adjacent properties which are residentially-zoned and other incompatible land uses. A three-foot screen shall be provided between the parking area and adjacent streets. The screen shall consist of tight evergreen hedge and shall not be less than two feet in height at the time of planting.
3. Vehicular use areas must be planted with at least two trees and one shrub for every 4,000 square feet of vehicular use area, which includes parking spaces, aisles, driveways and loading areas. Trees shall be placed so that no parking space is more than 63 feet from a tree. At least 75% of the required parking lot trees must be broadleaf canopy trees. Trees and shrubs must be planted within 20 feet of the vehicular use area to count toward this provision; however, trees used for required screening shall not count toward this provision. Nor shall any, if required, street trees count toward this provision.
4. When a development contains 20 or more spaces, 50% of the trees and shrubs required above must be planted in islands or medians located within the parking lot. Tree islands shall be evenly distributed throughout the parking lot in order to provide an even tree canopy throughout the lot. At a minimum, such tree islands shall consist of an area at least equal in size to two parking spaces side by side. Parking bays shall be broken up with landscaped islands or medians to avoid long monotonous rows of parking. Planting trees in groups is encouraged to increase the total amount of planting area for roots to
grow.
(12) Access and circulation.
(a) The type and arrangement of streets and driveways within the development shall be in compliance with the town Thoroughfare Plan.
(b) Principal vehicular access points to the development shall be designed to encourage smooth traffic flow with minimum hazards to pedestrians, bicycles, and vehicular traffic. Accommodations for controlled turning movements into and out of t he development and improvement of the approach street shall be provided where existing or anticipated heavy traffic flows indicate need.
(c) Clear vision areas. To insure safe sight distances where streets intersect and where driveways interest streets, a minimum clear-vision area shall be provided at the corners of such intersections. No structure or planting that would impede visibility shall be established in the clear vision area. Grading of land may be required where topography impedes the required clear vision area.
(d) Access and circulation for all development shall comply with the most recently adopted version of the town street and traffic standards policy. This includes expansions or additions of existing structures, changes in use, as well as all new construction.
(13) Public water and sewer service. Whenever public service is desired the regulations and specifications of the Dallas Water/Sewer Ordinance shall apply.
(14) Other utilities.
(a) Every principal use must have access to a source of electric power and telephone service adequate to accommodate the reasonable need of such use.
(b) All new electric power lines (including primary and secondary distribution lines and service laterals) telephone and cable television lines necessary to provide in a manner acceptable to the regulations and standards that govern the utility.
(15) Lighting requirements. Except for single- and two-family dwellings, all streets, driveways, sidewalks, parking areas and other common areas and facilities shall be lighted where necessary to insure the security of property and the safety of persons using such facilities. In no case shall sources cause direct light or glare upon adjacent property or constitute a hazard to motorists using public streets. In all cases, parking lot lighting must meet certain minimum lighting standards as specified by the Project Review Committee.
(16) Refuse collection.
(a) Every site upon which one or more dumpsters are to be placed shall be located and constructed so as to facilitate collection and minimize any harmful effect on persons occupying the development site, neighboring properties or public rights-of-way. Those developments hereafter established that are required to provide a refuse container shall locate the container on the property it serves. The site shall be paved with concrete, asphalt or other bituminous paving and shall be located abutting a driveway of sufficient width to allow access by the town's solid-waste collection equipment. Sites and means of access shall be approved by the Town Planner.
(b) All dumpsters shall be screened where, in the absence of screening, they would be Clearly visible at dumpster level to:
1. Persons located within any dwelling unit on residential property other than that where the dumpster is located;
2. Occupants, customers or other invitees located within any building on non-residential property other than that where the dumpster is located, unless such other property is used for purposes permitted exclusively in the I zoning district;
3. Persons traveling on any public street, sidewalk, or bikeway within the town.
(17) Outdoor storage.
(a) Outdoor storage areas ancillary to the principal use of the lot shall not be used for the storage of such noxious and hazardous materials including, but not limited to: construction wastes, scrap, salvage or debris; flammable or explosive liquids or substances; substances creating noxious fumes, vapors, dust or wastes; automobile tires, and other such materials deemed to constitute a health hazard or public nuisance. All outdoor storage may be conducted in side or rear yard areas only.
(b) Outdoor storage areas must be maintained to prevent the spillover of stored materials on abutting land or public rights-of-way, preserve the safety of pedestrians on adjoining sidewalks, prevent fire hazards, prevent the threat of breeding places for rats and vermin, prevent the possible uses of such yards as hiding places for criminal activity, and to eliminate the attraction of materials stored within to playing children. The storage area shall be fenced with a strong, secure, visually impenetrable fence of suitable materials of a least six feet in height.
(c) Nothing in this section shall be construed as to prevent the town or other appropriate agencies from removing the illegal junk and scrap yards from any zoning district within its jurisdiction.
(18) Metropolitan Thoroughfare Plan. Prior to the issuance of any building permit, the developer's plans must be reviewed either by the zoning officer or the Metropolitan Planning Organization (MPO) staff to determine the location of the proposed structure, or any structures related to the purpose main structure, lies within or adjacent to an existing or planned thoroughfare as shown on the most recent adopted version of the Gaston Urban Area Thoroughfare Plan.
(19) Metal building restriction. All metal buildings must have a facade of wood siding, stucco; metal siding designed to look like wood or other building material, rock, brick, stone or cultured stone on all sides facing or visible from a public street or highway, or a residential zone. This restriction does not apply to any building built for industrial purposes in an industrial zone, or to accessory buildings.
(Ord. passed 10-10-2000; Am. Ord. passed 1-9-2007; Am. Ord. passed 2-20-2007; Am. Ord. passed 10-9-2018; Am. Ord. passed - - ; Am. Ord. passed 12-14-2021; Am. Ord. passed 7-12-2022)