As stated herein, the following standards apply to the indicated use when such use is either a special use or a permitted use subject to special requirements. These standards are in addition to other applicable development standards contained in this chapter.
(A) Accessory dwelling units.
(1) Accessory dwelling units may only be situated on a lot on which a principal residential dwelling unit is also situated and shall be clearly incidental or accessory to such principal residential structure.
(2) No more than one accessory dwelling unit may be situated on any lot.
(3) Accessory dwelling units may not exceed 800 square feet of floor area.
(4) The lot shall comply with the minimum lot size requirement for the zoning classification in which it is situated.
(5) The structure containing the accessory dwelling unit shall comply with the set back requirements for the zoning classification in which it is situated.
(B) Adaptive reuses.
(1) This section is intended to allow a means for the development of new uses for a building originally designed for a different use. It is intended to have application in two particular areas. The first is for the reuse of a structure which has been used historically for a use permitted in the zoning district classification but for which there is no longer any reasonable demand for such previous use. Example of this first class include church buildings and schools. The second class involves situations in which structures have been devoted historically to a nonconforming use, the owner of the property no longer desires to devote the property to that use or the use has ceased, and there is no reasonable likelihood that the property will revert to a use permitted in the zoning district classification.
(a) The developer proposes the reuse of a structure or structures used historically for a use permitted in the zoning district classification but for which there is no longer any reasonable demand for such previous use, or the developer proposes the reuse of a structure or structures used historically as nonconforming use and there is no reasonable likelihood that the property will revert to a use permitted in the zoning district classification.
(b) The developer shall state the precise nature of the proposed adaptive reuse, which shall be compatible with neighboring residential uses. If a special use permit is granted for the adaptive reuse, future use of the property shall be limited to the specified use unless (1) the use is changed to another use permitted in the zoning classification or (2) a new adaptive reuse is approved.
(c) The adaptive reuse shall be housed in an existing structure or structures.
(d) Such structures may be modified or expanded so long as the gross floor area is not increased by more than 10%, so long as the development complies with the open space requirement in division (B)(2)(h), below, and so long as the appearance of the modification is in harmony with the neighboring residential uses.
(e) Off-street parking meeting the requirements of § 152.093, herein, shall be provided. Such off-street parking shall be screened so that it is not readily visible from the street or from adjoining residential uses.
(f) The adaptive reuse may have one sign not to exceed six square feet in area or conforming to the sign requirements for the zoning district where adaptive reuse is located.
(g) The developer shall propose, install and maintain landscaping which will assist in giving it a residential appearance.
(h) The adaptive reuse shall provide open space which shall be not less than the existing open space on the property or 60% of the total area of the development parcel, whichever is less.
(i) Lighting for the adaptive reuse shall be no more than is necessary for safe use of the facility, and shall be designed and installed so that it is directed away from the roadway and any adjacent properties.
(j) Traffic generated by the adaptive reuse shall not be expected to cause an inconvenience to residents of the neighborhood.
(k) The developer shall propose hours of operation for the adaptive reuse which are designed to be compatible with neighboring residential uses. Such hours of operation shall become a condition of the special use permit, violation of which shall be grounds for revocation of the permit.
(C) Animal boarding facilities. The standards in this section apply to facilities, such as animal kennels and animal shelters, where the primary purpose is the boarding of household pets. It shall not apply to boarding facilities incidental to the operation of an animal hospital or clinic or to pet stores.
(1) No animal boarding facility shall be operated without all necessary licensure, certification or other form of permission from the state and any other governmental agency with jurisdiction over its operation. Loss of such permission shall be grounds for revocation of any conditional or special use permit authorizing an animal boarding facility.
(2) No animal boarding facility shall be located within 500 feet of the nearest lot line of a residential use or a residential zoning district.
(3) Animal boarding facilities shall be adequately buffered to prevent sounds from constituting a nuisance to neighboring properties.
(4) Housing facilities for animals shall be structurally sound and shall be maintained in good repair, shall be designed so as to protect the animals from injury, shall contain the animals, and shall restrict the entrance of other animals.
(5) Electric power shall be supplied in conformance with the state electrical codes adequate to supply lighting and heat as may be required by this section. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta.
(6) Food and bedding shall be stored at facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.
(7) The applicant shall establish procedures for the safe and sanitary removal and disposal of animal and food waste, bedding, dead animals and debris and shall abide by such procedures. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease, and from obnoxious or foul odors.
(8) Washroom facilities, including sinks and toilets, shall be provided for animal caretakers.
(9) Indoor housing facilities shall be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts.
(10) Indoor housing facilities for animals shall have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers.
(11) Interior wall, ceiling and floor surfaces of indoor housing facilities shall be constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris.
(12) Indoor housing facilities shall contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the standards of the state building code and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition or weather or temperature.
(13) Outdoor facilities shall be constructed to provide shelter from excessive sunlight, rain, snow, wind or other elements. In addition, such facilities shall be constructed to provide sufficient space for the exercise and movement of each animal contained therein.
(14) All outdoor facilities shall be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta or other materials, and shall be designed so that all animal and food wastes are directed into an approved sanitary sewer system or septic tank.
(15) All outdoor facilities shall be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals.
(16) Primary enclosures for animals shall be constructed and maintained so as to provide sufficient space to allow each animal to turn about freely and to easily stand, sit and lie in a comfortably normal position.
(17) Facilities shall be operated in compliance with regulations adopted pursuant to the Animal Welfare Act, G.S. §§ 19A-20, et seq., as it may be amended from time to time.
(18) No animal boarding facility shall be operated at any time after it has been designated by a public health official pursuant to town, state or federal statues or regulations concerning health, as being infested with insects, rodents or disease which may endanger the public health, until the health officer having jurisdiction shall have certified that the condition has been corrected and the premises then comply with applicable health standards and regulations.
(D) Assisted living facilities.
(1) Such facilities may only be situated on a site which contains no less than three acres.
(2) A minimum of 65% of the project tract shall be designated as open space.
(3)
Maximum density for rest homes shall be 26 people per acre in all zoning district classifications. In determining the number of people per acre, it is assumed that each room where ambulatory assistance or skilled nursing care is given contains one person per bed in the room. The Town Council shall have the right to determine a lower density applying as criteria the following: site constraints including but not limited to slopes over 20%, poor soils, presence of floodplain, or other factors such as the traffic-bearing capability of existing roads that would pose a threat to public health, safety or welfare, or violate any of the review standards contained in this subchapter.
(4) Density under this subsection shall be calculated according to the following formula:
(a) Studio apartments shall be assumed to house one person;
(b) One-bedroom apartments shall be assumed to house 1.5 persons;
(c) Two-bedroom apartments shall be assumed to house two persons; and
(d) Each bed assigned to ambulatory assistance or skilled nursing care is assumed to accommodate one person.
(5) No application for a development authorization for an assisted living facility shall be considered unless a certificate of need, if required, has been issued by the North Carolina Department of Health and Human Services, or successor thereto. The certificate of need shall accompany the application.
(E) Bed and breakfast facilities.
(1) The facility shall be located in a structure originally constructed as a single-family dwelling or as an inn.
(2) The facility shall be limited in the number of guest rooms it contains. Bed and breakfast facilities in residential districts shall contain no more than six guest rooms. Bed and breakfast facilities in other zoning districts shall contain no more than eight guest rooms.
(3) The owner of the bed and breakfast or a resident manager shall live on the premises.
(4) There shall be no exterior advertising except a sign not to exceed six square feet in area in a residential district or conforming to the sign requirements for the zoning district where the bed and breakfast facility is located.
(5) The facility shall meet all building and fire codes, as well as all health regulations and all other applicable requirements, including any regulations adopted under authority of, the North Carolina General Statutes.
(7) No cooking facilities shall be allowed in the lodging units unless authorized by the Macon County Health Department.
(8) Two off-street parking spaces shall be provided for the dwelling unit, and one off-street space shall be provided for each lodging unit. Parking area(s) in or adjacent to residential use districts shall be screened by vegetation, fencing or walls so that vehicles are not visible from the street or from adjacent properties. The applicant shall submit a site plan which shall indicate where the parking is to be located and the manner in which it is to be screened.
(F) Cemeteries.
(1) Tombstones, crypts, monuments, mausoleums, columbaria, and other structures associated with cemeteries must be located at least 25 feet from any side or rear lot line which adjoins lots in a residential district and at least ten feet from any side or rear lot line which adjoins lots in nonresidential districts. In any case, they must be at least 40 feet from any street right-of-way.
(2) Buildings for the maintenance, management, rent and/or sale of cemetery lots must be located at least 100 feet from any lot lines which
adjoin lots in any residential district. Otherwise any such buildings must conform to the requirements for principal uses in the district where they are located.
(3) Crematory services may be provided for human corpses as an accessory use within cemeteries situated on a site containing at least 30 acres, subject to the following special requirements:
(a) All applicable local, state, and federal laws and regulations shall be complied with.
(b) The crematory shall be enclosed within a building meeting Building and Fire Code requirements.
(c) The placement of crematory facilities within property in any residential district shall be 100 feet or more from any exterior property line.
(G) Child care centers.
(1) Play space must be provided in accordance with the regulations of the North Carolina Department of Human Resources. Any required outdoor play space must be fenced or otherwise enclosed on all sides and may not include driveways, parking areas or land otherwise unsuited for children’s play space and may not be in the required setback.
(2) Setback, yard and height requirements will be the minimum required for the zoning classification in which it is located.
(4) No outdoor play shall be permitted after sundown.
(H) Civic clubs and fraternal organizations.
(2) The use will be located on a lot that fronts a minor or major thoroughfare and primary vehicular access will be provided by means of such minor or major thoroughfare.
(I) Cultural arts buildings.
(3) Any structures associated with the cultural arts building shall be set back from any adjoining residential use or district a minimum of 100 feet.
(J) Golf driving ranges.
(1) Lighting, if any, shall be designed and installed so that it is directed away from the roadway and adjacent residentially-zoned or used properties and does not interfere with the safe use of public rights-of-way.
(2) Adequate assurance shall be provided, by means of separation, fencing or other means, that the operation of such facility shall not constitute a danger to person or property.
(3) Total signage on the property shall not exceed 32 square feet. One freestanding sign may be installed provided it does not exceed eight feet in height. Signs shall not be illuminated except internally or by means of one light bulb per sign face not exceeding 150 watts.
(K) Home occupation.
(1) No person other than members of the family residing on the premises shall be engaged in such occupation.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the principal structure or 1,000 square feet, whichever is smaller, shall be used in the conduct of the home occupation.
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding six square feet in area, non-illuminated, and mounted flat against the wall of the principal building.
(4) No outside storage of materials or equipment shall be allowed in connection with the home occupation.
(5) There shall be no sales on the premises in connection with such home occupation.
(6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard or side yard.
(7) Only vehicles used primarily as passenger vehicles (passenger automobiles, passenger vans and passenger pick-up trucks) shall be permitted in connection with the home occupation.
(8) Home occupations may be in operation only between the hours of 7:00 a.m. and 9:00 p.m.
(L) Mini-warehouses.
(1) One-way interior travel lanes shall have a minimum width of 15 feet in addition to a ten- foot wide parking lane. All two-way interior travel lanes serving storage units shall have two 12-foot wide travel lanes and be provided with a ten-foot wide parking lane. All portions of the site shall be readily accessible by police and fire equipment and personnel.
(2) Storage units shall be designed for individual storage. They shall contain no facilities for utility service. They shall not be used for sales or service or for habitation by humans or animals.
(3) No outside storage shall be permitted when the proposed use is situated in a zoning district classification other than I-1.
(M) Mobile food vending.
(1) Each mobile food vendor must obtain a business license pursuant to Chapter 110 of this code. Before such permit may issue, the Land Use Administrator shall ensure compliance with this chapter, including these special requirements, pursuant to § 110.15 of this code. A mobile food vendor is permitted to vend at more than a single site but each location must be approved by individual permit. Each permit will be renewed annually along with requirements of the Macon County Health Department, and approval of the Macon County Health Department for mobile vendor to serve food shall be a condition of each permit. A copy of the valid, approved permit and health inspection grade card issued by the Macon County Health Department shall be visually displayed on the mobile kitchen in clear view of all patrons.
(2) Mobile food vending may take place upon any property located in a zoning classification in which such activity is permitted in this chapter, provided that the mobile food vendor can demonstrate either ownership of the property or permission of the owner and/or lessee or other occupant of the property. Mobile vending may only take place upon property owned by the town by specific written agreement approved by the town. Mobile vending may only take place upon the streets and sidewalks or within the rights-of-way within the town pursuant to Chapter 95 of this code.
(3) Access into the site and parking for vendor patrons at the rate of one parking space per mobile food vendor shall be provided, except that no parking is required to be provided in zoning districts where off-street parking is not required. In zoning districts where off-street parking is required, the primary site user must be able to maintain compliance with minimum parking standards for the specific zoning district.
(4) Setbacks for individual mobile food vendors will be ten feet from side and rear property lines. There is no required setback from frontage lines except that no portion of the mobile kitchen will be permitted to encroach into the right-of-way. Mobile food vendors shall maintain 20 feet, or more as required by fire code or any other applicable safety regulations, of separation from any other mobile food vendor.
(5) Permanent electric power infrastructure is the preferred method for supplying power at the mobile food site. If this is pursued, then applicable permits must be obtained.
(6) Mobile food vendors will be limited to the sale of food and non-alcoholic drinks. The sale of other merchandise or services will not be permitted; provided, however, that sales of t-shirts. hats, or other small items bearing the logo of or otherwise promoting the mobile food vendor are permitted directly from the mobile kitchen (i.e., displays of merchandise outside of the mobile kitchen are not permitted).
(7) Mobile food vendors may have signage outside of the mobile food site, not to exceed 45 total square feet including letters and/or logos advertising the business. Signage mounted on the mobile kitchen shall not be included in the allowable signage. Movable signs may be placed on the mobile food site, but may not be placed upon sidewalks or within road rights-of-way. No roof signs will be allowed.
(8) Mobile food vendors shall be required to remove trash and litter from the mobile food site each day and to maintain cleanliness of the site during hours of operation. As a condition of the permit, mobile food vendors must demonstrate and abide by an acceptable plan to dispose of waste requiring special disposal, in compliance with the town’s fats, oils and grease policy. Failure to remove trash or properly dispose of fats, oils and grease shall be grounds for immediate revocation of the permit. Mobile food vendors are encouraged to use recyclable and/or compostable containers, cups and utensils.
(9) Mobile food vendors will be subject to random inspection to ensure compliance with all applicable requirements.
(N) Private clubs.
(1) No private club shall be located within a 500-foot radius of another private club nor within 250 feet of a residential use or residential zoning classification.
(O) Public utility facilities.
(1) Lots shall conform to minimum setback and yard requirements of the district in which they are located. Unstaffed utility structures with internal floor space of less than 300 square feet are exempted from the minimum lot size requirement.
(3) Control houses, pump and lift stations, and other similar uses shall be screened from the street and any abutting residential use or any property located in a residential zoning district.
(4) A fence not easily climbable or comparable safety devices must be installed and maintained in order to deter access to the facility.
(5) The design of buildings, structures and facilities on a site should conform as closely as possible to the character of the area or neighborhood.
(6) The facility’s lighting shall be shielded to prevent light and glare spill-over on to any adjacent residential properties, if such exist.
(7) The Town Council may give relief from these requirements so long as public safety and neighborhood compatibility are protected, if strict adherence would constitute a hardship or is unnecessary.
(P) Restaurants.
(1) The use must be located on, and have primary access from, a major or minor thoroughfare.
(2) All outside storage areas including dumpsters must be:
(a) Sited to the rear of the building;
(b) Comply with the setback requirements for the zoning district classification within which it is located; and
(3) The use shall be limited to no more than 40 seats in an NMU zoning district and 60 seats in an MICR zoning district.
(4) Permissible hours of operation shall be limited to the hours between 7:00 a.m. and 11:00 p.m.
(5) No restaurant shall provide drive-in or drive-through service.
(Q) Schools, elementary and secondary.
(1) The following standards shall be used to govern the establishment or development of new public and private schools:
(a) No structure or parking shall be placed within 50 feet of a property line in the following zoning classifications: R-1, R-2, NMU, MICR;
(c) The use will be on a lot which may be accessed by means of a collector, minor thoroughfare or major thoroughfare for elementary schools and junior high schools, and by means of a minor thoroughfare or major thoroughfare for senior high schools; provided, however, the Town Council may waive this requirement to accommodate a public need so long as traffic shall not be increased on residential streets to an unacceptable level.
(2) The foregoing standards shall serve as guidelines for the expansion or redevelopment of existing schools; however, the Town Council may waive any such guidelines when their application would constitute a hardship.
(R) Sawmills, Lumber Yards and Mulch Grinding.
(2) A sawmill shall not be constructed or newly located within 500 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use), existing school, library, day care facility, healthcare facility, park and/or religious institution.
(3) Perimeter Setback. Fifty feet.
(4) Disposal of excess inert debris is prohibited on site unless operation is in compliance with development standards for land clearing debris and inert debris storage or disposal operations.
(5) Hours of Operation. 7:00 a.m. to 7:00 p.m. Monday through Saturday.
(6) A portable sawmill may be permitted as a temporary use not to exceed 90 days. The Zoning Administrator may allow for 90 day extension upon request by the applicant.
(S) Shelter facilities.
(1) A shelter facility shall not be permitted to locate within 1,500 feet of another shelter facility.
(2) The parcel on which a shelter facility is situated shall not be adjacent to a residential use. For purposes of this subsection, properties situated across a street right-of-way from a proposed shelter facility shall be deemed to be adjacent.
(3) The parcel on which a shelter facility is situated shall not be situated within 200 feet of a residential zoning district.
(T) Indoor shooting ranges.
(1) The applicant shall submit as a required part of the application for a special use permit plans and specifications certified by a licensed architect or engineer demonstrating that the shooting range shall be constructed to satisfy all requirements set forth in this chapter, as well as any additional requirements of the Town Council.
(2) No indoor shooting range shall be located within a 500-foot radius of another indoor shooting range.
(3) Lead particles shall at all times be contained on-site and properly contained and disposed of. Appropriate devices shall be utilized to contain lead bullets and/or shot, and such devices shall be periodically cleaned and lead particulates properly disposed of. Ventilation systems shall be designed, and other appropriate steps taken, to prevent the discharge of lead from within the structure housing the indoor shooting range in to the external environment and to prevent the exposure of clients and employees to unsafe levels of lead, as defined by applicable federal or state levels. The detection of lead in the external environment on the same property as the indoor shooting range, or off-site detection in the vicinity of the indoor shooting range, or unsafe levels of lead within the structure housing the indoor shooting range, shall be grounds for revocation of the special use permit.
(4) Each indoor shooting range facility shall be designed to minimize off-site noise impacts generated by the activities conducted in the facility.
(5) The applicant, and any subsequent operator of an indoor shooting range, shall carry a general liability policy in an amount not less than $1,000,000 per occurrence, and $2,000,000 in the aggregate ($1,000,000/$2,000.000). Such insurance shall name the Town of Franklin as additional insured. The applicant and any subsequent operator shall save and hold the Town of Franklin, its elected and appointed officials, and employees working within the scope of their duties harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of any person or group on account of any acts or omissions of the applicant and/or subsequent operator.
(6) At least one qualified individual shall be employed or otherwise associated with the applicant or subsequent operator who shall be certified according to National Rifle Association, North Carolina Criminal Justice or equivalent standards for shooting range supervision.
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 10-5-15; Am. Ord. passed 10-5-15; Am. Ord. passed - - )