4.5. Commercial district purpose statements.

   A.   Neighborhood Office (NO). The purpose of this district is to accommodate modest-scale professional and service occupations, along with single-family residential units, to serve as a neighborhood activity center and as a transition between residential and more intense commercial uses.

   B.   Office and Institutional (OI). The purpose of this district is to accommodate more intense professional and service occupations than permitted in the neighborhood office (NO) district and to insure that the environmental effects (including noise, odor, glare, heat, vibration and air pollution) resulting from the conduct of such operations shall not interfere with the quality of any surrounding district. This district is also intended to accommodate, as special uses, certain other compatible uses that are so designed, constructed and maintained that they do not interfere with the conduct of permitted professional and service occupations. When used as part of a rezoning, this district serves as a transition between residential districts and more intense districts, including commercial districts.

   C.   Neighborhood Commercial (NC). This district is intended to accommodate low intensity commercial enterprises that provide goods or services primarily to residents of the surrounding neighborhood so that such residents can have convenient access to such goods and services without the necessity for making cross-town trips. The uses permitted are of such a nature and on such a scale that incompatibility with or disruption to nearby residences is minimized, and uses that by their very nature depend for a majority of their business upon traffic from the whole community rather than the immediate neighborhood are not permitted.

   D.   Community Retail (CR). This district is designed to accommodate commercial activities that serve the entire community, especially retail businesses conducted within a building.

   E.   Central Business District (CBD). This district is intended to provide for and maintain the Main Street business district.

   F.   Service Business (SB). This district to accommodate commercial activities that are more intense in nature than those permitted in neighborhood or community business districts. This district allows merchandise or equipment to be stored and operations to be conducted outside a building.

4.6. Industrial district purpose statements.

   The following districts are established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise or equipment. These districts serve the entire community and are subject to the industrial performance standards of Article 6.

   A.   Light Industrial District (I-1). The Light Industrial District is intended to provide for a limited range of low-intensity industrial uses that are not noxious or offensive due to odors, smoke, dust, noise, fumes or vibration and conducted. Operations are restricted to inside a building (outdoor storage prohibited).

   B.   Heavy Industrial District (I-2). The Heavy Industrial District is intended to provide for industrial uses that are may be noxious or offensive due to odors, smoke, dust, noise, fumes or vibration. Operations may be inside or outside of a building .

(Ord., 3-16-21)

4.7. Planned Development Districts (PUD, PRD, TND, MXD).

See Section 1.10.4, relating to the transition of these districts to Conditional Zoning Districts. The remainder of this section is kept for reference.

   There shall be a Planned Development District which shall consist of any of the following types: Planned Unit Development (PUD), Planned Residential Development (PRD), Traditional Neighborhood Development (TND), or Mixed Use District (MXD). Each district is a floating district and additional standards are located in Article 6.

   A.   Planned Unit Development (PUD) purpose and intent. The PUD district is intended to provide for a mix of uses, including commercial and residential uses. PUD provisions are intended to encourage creativity in the design and planning of parcels by allowing greater design flexibility than the underlying base districts to protect natural features and concentrate development in more suitable or less environmentally sensitive areas. The end result is creativity in design, additional open space and an appropriate mix of uses. PUD development is permissible on tracts of land of five acres or greater.

   B.   Planned Residential Development (PRD) purpose and intent. The PRD district is intended to provide for master-planned residential communities containing a mix of housing types, including associated amenities. This district is primarily intended for large-scale residential projects that require either additional flexibility not available in the base residential districts, or greater scrutiny by the Town due to their scale. PRD development is permissible on tracts of land of 15 acres or greater.

   C.   Traditional Neighborhood Development (TND) purpose and intent. TND is a development option allowing new standards for development focused on mixed residential development with a pedestrian orientation, and a centralized commercial or mixed use node serving as the focal point for the development. TND development must also incorporate a network of open space, a network of internal streets, and connections to the surrounding area. TND development is permissible on tracts of land of 40 acres or greater.

   D.   Mixed Use District (MXD) purpose and intent. Mixed Use Districts are intended to produce higher levels of urban land use intensity at or near community focus nodes or regional focus nodes, consistent with the Town's long-range land use plan map. MXD zoning districts permit various combinations of usually separated uses, primarily promoting the development of business parks. It is not intended to be applied in a limited way to only inner city development or to mixed uses within one structure (high-rise), but rather, may be used to support either infill or new development on relatively large tracts. MXD development is permissible on tracts of land of 75 acres or greater.

   E.   Rezoning criteria for all Planned Development (PUD, PRD, TND, MXD). In approving a rezoning for a Planned Development , the Town Council shall find the district designation and Planned Development master plan comply with the general standards for all Planned Development in this paragraph and the specific standards for the proposed Planned Development listed in Article 6 .

      1.   Planned Development master plan. The development proposed in the master plan is compatible with the character of surrounding land uses and maintains and enhances the value of surrounding properties. The master plan also illustrates:

         a.   A continuous pedestrian circulation system;

         b.   A network of open space serving the entire development and providing internal connections within the project ;

         c.   Perimeter landscape areas to connect or buffer land uses both inside and outside the perimeter of the Planned Development ; and

         d.   Preservation of the natural environment.

      2.   Design guidelines and dimensional standards. Each Planned Development shall provide a comprehensive set of design guidelines that demonstrate the project will be appropriate within the context of the surrounding properties and the larger community. The dimensional standards identified in Article 6 may be varied in the development proposed in the master plan. The Town Council is not obligated to accept or approve any variation if it deems such variation to be inappropriate. Where such standards vary by more than 20 percent from the otherwise applicable numeric standard, a specific finding in the Council approval as to the acceptability of such a variation shall be required.

      3.   Off-street parking and loading. Off-street parking and loading shall comply with Article 7, except that variations from these standards may be permitted if a comprehensive parking and loading plan for the Planned Development is submitted, and determined to be suitable and generally consistent with the intent and purpose of the off-street parking and loading regulations.

      4.   Signs .Signs shall comply with Article 7, except that signs within the Planned Development may be constructed to alternate, but equivalent standards if a comprehensive sign plan for the Planned Development is submitted with the rezoning and master plan applications that is determined to be suitable for the Planned Development and generally consistent with the intent and purpose of the sign regulations.

      5.   Public facilities.

         a.   The Planned Development master plan shall demonstrate a safe and adequate on-site transportation circulation system. The on-site transportation circulation system shall be integrated with the off-site transportation circulation system of the Town.

         b.   The Planned Development master plan shall establish public places that connect uses .

         c.   The Planned Development master plan shall demonstrate a safe and adequate on-site system of potable water and wastewater service that can accommodate the proposed development , and is efficiently integrated into off-site potable water and wastewater public improvement plans.

         d.   Adequate off-site facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads shall be planned and programmed for the Planned Development , and the development shall be conveniently located in relation to schools and police protection services.

         e.   The improvement standards applicable to the public facilities that will serve the site shall comply with the provisions of Article 8, Subdivision design/improvements. However, the development may deviate from the city's road width standards in order to achieve greater efficiency of infrastructure design.

      6.   Common recreation and open space. The development proposed in the Planned Development master plan complies with the following common recreation and open space standards:

         a.   Water bodies, lands within wildlife habitat areas, riparian ecosystems and 100-year floodplains that are preserved as open space may be counted toward this minimum standard, even when they are not usable by or accessible to the residents of the Planned Development . A maximum of 50 percent of the required open space in a Planned Development may be comprised of water bodies. No water bodies may be counted towards the requirements for common recreation area.

         b.   All common open space and recreational facilities shall be shown in the master plan and shall be constructed and fully improved according to the development schedule established for each phase of the Planned Development .

         c.   All privately-owned common open space shall continue to conform to its intended use , as specified in the Planned Development master plan. To ensure that all the common open space identified in the master plan will be used as common open space, restrictions or covenants shall be placed in each deed to ensure their maintenance and to prohibit the partition of any common open space.

         d.   If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the Planned Development not publicly owned, and secure adequate liability insurance on the land. The organization shall also conform to the following standards:

         e.   The association or nonprofit corporation shall be established prior to the sale of any lots or units within the Planned Development .

         f.   Membership in the association or nonprofit corporation shall be mandatory for all landowners within the Planned Development .

      7.   Stormwater management. The Planned Development master plan meets or exceeds the standards of Article 7.

      8.   Phasing. The Planned Development master plan includes a phasing plan for the development, if appropriate, with specific build-out dates. If development is proposed to occur in phases, then guarantees shall be provided that project improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the Town, are constructed with the first phase of the project, or, if this is not possible, then as early in the project as is technically feasible.

      9.   Consistent with Comprehensive Growth Plan. The Planned Development master plan shall be consistent with the Comprehensive Growth Plan.

      10.   Complies with this Code. The Planned Development master plan shall comply with all other relevant portions of this UDO.

(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)

4.8. Conservation Buffer Areas (CBA).

   A.   Purpose and intent. The Conservation Buffer Areas are designated for the following purposes:

      1.   Soil and pollutants carried overland, primarily from roads, construction and development , can be effectively trapped by leaving a relatively undisturbed strip of vegetation parallel and adjacent to the watercourse.

      2.   Properly managed overland water flow can be directed into this buffer area in a manner that will reduce velocity and cause dispersion of the water.

      3.   Sediments and associated pollutants carried by the water will settle out as a result of this slowing and dispersion process.

      4.   These are highly desirable effects of stream and watershed protection in that non-point pollution, erosion and sedimentation, and the resulting property damage and devaluation, are so reduced.

   B.   Areas designated. The Conservation Buffer Areas located within the Town of Garner are not expressly mapped on the official zoning map. Each buffer area can be determined by reviewing the text of Article 7. These provisions do not create a new zoning district; rather, they overlay whatever zoning is in place.

(Ord., 3-16-21)

4.9. Lake Benson Conservation District (LBC).

   A.   Purpose and intent. The Council finds that Lake Benson, as a water supply for the Raleigh water service area, which includes Garner, is sensitive to and quickly impacted by pollutants set into the system by development. Protection of the lake from non-point pollution sources is the intent of the provisions of this section.

   B.   Lake Benson Conservation District Boundary. That portion of the watershed which was made subject to watershed protection regulations known as the Lake Benson Conservation District effective March 1, 1987, as shown on maps previously adopted and reflecting approximately that area within 2,000 feet of the northern shore line of Lake Benson, shall constitute the Lake Benson Conservation District for purposes of this UDO. The boundary is shown on the official zoning map maintained in both the Planning and Engineering Departments of the Town.

   C.   Exemptions. All lots platted prior to March 1984 are exempt from the requirements of this Lake Benson Conservation District Overlay.

   D.   Limitations on use in Lake Benson Conservation District.

      1.   Permitted uses. Within the Lake Benson Conservation District only the following uses are permitted:

         a.   Agriculture;

         b.   Residential (meaning only the following uses as listed in Article 3;

            ∙   Single-family residences; other than manufactured home parks or manufactured homesubdivisions ;

            ∙   Duplex and triplex;

            ∙   Multifamily residences ;

            ∙   Townhouses and townhousedevelopments ;

         c.   Churches;

         d.   Cemeteries;

         e.   Public parks including ancillary concessions;

         f.   Community centers ;

         g.   Indoor and outdoor recreation;

         h.   Home occupations ;

         i.   Planned Residential Developments ;

         j.   Zero-lot -line developments ;

         k.   Necessary municipally owned and operated utilities; and

         l.   Individual residential wastewater holding tanks (sump pumps) and conventional septic tanks, subject to the other provisions; and

         m.   Telecommunication facility.

      2.   Density.

         a.   Within the Lake Benson Conservation District, density shall not exceed two and one-half residential units per acre where the development is served by municipal water and sewer.

         b.   Within the Lake Benson Conservation District, density shall not exceed one-half unit per acre where there is no municipal water and sewer.

   E.   Master plan required. A master plan detailing the distribution of units and improvements across the total development, shall be presented as part of application for land use permits. Where possible, developers shall use innovative site planning techniques to keep units away from the lakefront, streams, and other sensitive areas. Such techniques include but are not limited to cluster development patterns, mixtures of zoning categories, strategic location of densities so that larger and less densely developed lots are closer to the lakefront and creative use of greenways and open space.

   F.   Performance standards. The Lake Benson Conservation District performance standards are set forth in Article 7.

   G.   Impervious surface limits.

      1.   Within the Lake Benson Conservation District, in order to reduce stormwater pollution through natural infiltration on undisturbed vegetated land, the impervious surface area may not exceed six percent regardless of lot size or density, except where the stormwater runoff from a one-inch rainfall event is retained by retention ponds or other approved devices.

      2.   Impervious surface area within the Lake Benson Conservation District may be a maximum of 35 percent under the high density development option where the stormwater runoff from a one-inch rainfall event is retained by retention ponds or other approved devices.

      3.   Stormwater retention may be accomplished by paying a fee-in-lieu of pond construction if the proposed development is within the Regional Retention Pond Service District and meets the requirements of the table in Article 7.

      4.   The calculation of the impervious surface ratio contained in subdivisions or other developments required to apply for major subdivision approval, special use permits shall include impervious areas from all newly proposed collector and sub-collector streets , parking lots and tennis courts as well as buildings , driveways , patios, decks and other impervious surfaces .

      5.   The calculation of impervious surface ratios shall not include roads that were publicly maintained prior to March 1984.

      6.   The calculation of impervious surface ratios may be based on the land area of the lots and any common areas, rights-of-way and easements dedicated pursuant to the development of the tract.

      7.   Where the project is developed in phases, with separately recorded survey plats , the area to which the calculation is applied shall consist of that area within the recorded plat . Such phases shall be based upon natural or proposed drainage where practicable. The designation of a phase shall have as its objective the principle of not overloading one drainage way with run-off from high impervious surface ratios while under utilizing the capacity of other drainage ways. Approval of the Town Engineer is required for designation of each phase used in this calculation to ensure that the loading of drainage ways is balanced.

   H.   Standards for stormwater drainage system. Standard 90-degree curb and gutter construction is not allowed in the Lake Benson Conservation District. Streets with properly maintained grass swales or roll type curb and gutter construction may be allowed in the Lake Benson Conservation District as an option by the Town Council if it concludes that regardless of street design used, surface run-off is diverted to permanent retention ponds constructed in accordance with the requirements of this UDO and the proposed design protects the water quality of Lake Benson. 

(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21; Ord. No. 5048, § 1, 7-6-21)

4.10. Timber Drive Overlay District.

   A.   Purpose and intent. The Town Council finds that vehicular and pedestrian mobility should be maximized along the Timber Drive Corridor. The Council believes that Timber Drive is a place where residential neighborhoods should be preserved and quality commercial uses should be located only in areas recommended by the comprehensive growth plan, which together results in a pleasing and harmonious environment of trees, natural and landscaped areas, and building development. Therefore, the Council adopts the Timber Drive Overlay District as a means to direct commercial development at recommended focus areas along Timber Drive consistent with the standards established herein in order to protect the general appearance of the Timber Drive Corridor, while sustaining the livability of the surrounding residential neighborhoods and the natural beauty of the area.

   B.   Overlay zone. The Timber Drive Overlay District is an overlay zone. The land use regulations applicable to the underlying zone remain in full force and effect except where superseded herein. Where there is a provision not expressed in the underlying zone, or where a provision hereof is in conflict with the underlying zone, the provision of the overlay ordinance shall be controlling.

   C.   Location. The Timber Drive Overlay District shall apply to the entire length of Timber Drive from U.S. 70 to N.C. 50 for a depth of 250 feet from the right-of-way line, on either side, and shall include all of the property within the focus areas that has frontage on Timber Drive from N.C. 50 to U.S. 70. The Town of Garner Official Zoning Map shall clearly indicate the boundaries of the adopted Timber Drive Overlay District. In cases where any portion of a building or parking area falls within the boundaries of the overlay district, these provisions shall apply to all of the building(s) and parking areas.

   D.   Permissible and prohibited uses. Unless otherwise restricted below, all uses allowed by the underlying zoning district are permissible in the Timber Drive Overlay District provided all requirements and permits as required by this UDO are satisfied.

      1.   Restricted uses . The following uses are permissible in the Timber Drive Overlay District provided the use complies with special standards listed below:

         a.   Temporary school classroom units are permissible provided they are screened from all public street views. Any landscaping required to achieve this standard shall be installed at an initial height of six feet.

         b.   Open storage and operations are restricted to only those activities associated with a garden center use operated in conjunction with a home improvement center or a large retail store provided the location of outside storage is sufficiently screened from public street views as determined by the Planning Department. The amount of outside storage areas is limited to 25 percent of the gross floor area of principal use served.

         c.   Fast food restaurants with drive-in window operations are permissible only when such drive-in window service area(s) are not visible from Timber Drive street views.

         d.   Convenience store or gas sales operations that meet the following design criteria:

            (1)   Operation limited to between 5:00 a.m. and 11:00 p.m.;

            (2)   The number of pump dispensing units shall be limited to a maximum of four units with no more than eight fueling positions;

            (3)   Principal building shall have a pitched roof with shingle roof material;

            (4)   Canopy structure (s) shall be detached;

            (5)   Canopy structures shall have a roof style and be constructed of a building material to match the principal building and shall not exceed the height of the principal building , but in no case shall the canopy height exceed 20 feet (large canopy super structures are prohibited);

            (6)   Site lighting shall be designed to have a zero footcandle measurement at property lines adjoining residential uses ;

            (7)   Canopy/gas island operational areas shall be screened from adjoining residential uses to provide a 100 percent visual screen throughout the year to a minimum height of eight feet using any combination of landscaping, earthen berms or fencing; and

            (8)   Canopy/gas island operational vehicular areas shall be screened from all public streets to a minimum height of three feet.

         e.   Gas sales operations, which may include a small kiosk or enclosed structure not exceeding 300 square feet in size that is not designed for walk-in traffic, are allowed in the Timber Drive Overlay District pursuant to the requirements listed in subsection d. above have been satisfied with the exception of [Subsection] d.(2), and that the following requirements have been met.

            (1)   The site does not front directly on Timber Drive and the building /canopy is located a minimum of 200 feet from Timber Drive.

            (2)   Up to a total of six gas dispensing units with no more than a total of 12 fueling positions allowed.

            (3)   The overall appearance and design of the building and/or canopy, including site landscaping, is consistent with surrounding development in terms of scale, building materials and colors.

         f.   Automobile service centers that meet the following design criteria:

            (1)   Automobile service centers are permissible on parcels located within the Timber Drive Overlay District that directly front along U.S. 70 or N.C. 50 only;

            (2)   All service bay(s) associated with uses shall be oriented so as not to directly face U.S. 70, N.C. 50, or adjoining residential uses ;

            (3)   All service bays shall have 100 percent screen to a minimum full height of two and one-half feet at time of plant installation, and shall be maintained at a minimum height of three and one-half feet; and

            (4)   A type-A buffer with a 100 percent screen to a minimum height of eight feet shall be required where the property directly adjoins a residential use .

      2.   Prohibited uses. The following uses are prohibited in the Timber Drive Overlay District.

         a.   Hotel and motels;

         b.   Sales and rental of goods, merchandise and equipment with storage operations and display of goods outside fully enclosed building ;

         c.   Office, clerical, research and services not primarily related to goods or merchandise where operations are conducted outside a fully enclosed building ;

         d.   Manufacturing, processing, creating, repairing, renovation, painting, cleaning, assembling of goods, merchandise and equipment;

         e.   Pool halls;

         f.   Golf driving ranges (not accessory to golf courses), miniature golf courses, skateboard parks, water slides and similar uses ;

         g.   Drive-in movie theaters;

         h.   Bars, nightclubs, ABC permitted private clubs;

         i.   Adult cabarets and establishments;

         j.   Motor vehicle sales or rental or sales and service;

         k.   Auto service stations;

         l.   Automobile repair shop;

         m.   Car wash;

         n.   Storage and parking;

         o.   Scrap materials, salvage yards, junkyards, automobile graveyards;

         p.   Service and enterprises related to animals with outside facilities for keeping animals;

         q.   Mining or quarrying operations; including on-site sales of products; coal or aggregate sales and/or storage; concrete mixing plant;

         r.   Reclamation landfill ;

         s.   Towers and antennas greater than 35 feet tall;

         t.   Open air markets;

         u.   Bus stations;

         v.   Taxi base operations;

         w.   Commercial greenhouse operations;

         x.   Recyclable material collection centers ;

         y.   Solar farms .

   E.   Land disturbing activities.

      1.   All development plans submitted under this UDO shall show a construction limit line delineating protected buffer areas and any tree save areas intended for the property. Protective orange fencing, surrounding all protective buffer areas plus ten feet and around tree save areas at the drip line, shall be installed prior to construction . Any cutting or clearance within an approved protected buffer or tree save areas shall be subject to a fine of $5.00 per square yard of area in the protected buffer or tree save area that has been prematurely denuded.

      2.   No minor clearance of the existing vegetation within an approved protected buffer area or tree save area to be retained on the property shall be allowed until after construction on the parcel is completed and upon approval by the Planning Department.

      3.   Logging or timbering activities on properties within the corridor are strongly encouraged to be limited to the interior portions of the lot exclusive of required buffer areas unless specifically approved by the Town of Garner.

      4.   Land development activities such as, but not limited to, site grading, buildings , parking and vehicular areas, shall be excluded from the perimeter area of lots in order to protect existing trees and vegetation in required buffer areas unless otherwise approved by the permit issuing authority.

      5.   Any grading or clearing (including removal of stumps) on land within the overlay district, not part of a development proposal, requires site plan approval by the Town of Garner prior to any such activity on the site. All such activities shall be consistent with the standards of this UDO.

   F.   Street access. The existing access location standards set forth in this UDO shall govern driveway locations on Timber Drive. Deviations from these standards may be allowed via a Variance if, based upon a traffic impact study submitted by a professional traffic engineer, the requested deviations do not pose any traffic safety impacts to the public and that such deviations have been recommended by the Town Engineer and the North Carolina Department of Transportation.

   G.   Design standards. The following design standards shall apply to all new development within the Timber Drive Overlay District:

      1.   Building height. The maximum building height for development located in neighborhood or convenience focus areas is 35 feet unless the building setback from all property lines increases one foot for every foot the building exceeds 35 feet in height. For all other locations on the corridor the applicable building height limits are controlled by the existing requirements of Article 6. The building height limitation for neighborhood or convenience focus areas may be waived by the Board of Adjustment via a Variance for the building build to line option based upon findings that such an arrangement is in harmony with surrounding development .

      2.   Building setback from Timber Drive right-of-way.Building setback shall be 35 feet from the Timber Drive right-of-way line. Alternatively, a build to line of 20 feet is permitted provided there are no vehicle surface areas in front of the building . For all other building yard setbacks the applicable underlying zoning standards shall apply.

      3.   Building design guidelines. All shopping centerdevelopment or business complexes, as defined in Article 11, Definitions, shall provide design guidelines consistent with the following standards which must be approved by the Town of Garner as part of the overall development plan submittal. An individual nonresidential building not part of a larger shopping center or business complex shall be subject to the following provisions:

         a.   No metal or vinyl siding on nonresidential buildings shall be permitted;

         b.   Seventy-five percent of the primary building materials shall consist of brick or decorative/scored concrete masonry units in styles and colors approved by the Town of Garner. Such building materials shall be applied on all building facades visible from Timber Drive;

         c.   All dumpster enclosures and accessory/storage buildings for new development shall be of materials and colors that match the principal building served and shall be sited on the property to minimize view from all public streets ;

         d.   All building awnings used must be appropriately designed as part of the buildings architecture and unified with the buildings colors and style. Such awnings shall not be internally illuminated;

         e.   Buildings shall be limited to a maximum of three types of materials and colors. If a building is part of a shopping center or business complex , the materials and colors used must be consistent with the approved design guidelines for the larger development ;

         f.   Design guidelines required by this UDO shall include provisions that address building height, scale and setback distances, unifying site elements such as building materials and colors, landscaping, site lighting elements, and pedestrian circulation; and

         g.   Chain link fences in commercial zoning districts shall have vinyl covering or some other similar material in a color that is compatible with the principal building materials and colors.

   H.   Vegetation and landscaping standards.

      1.   General street buffer requirements.

         a.   An undisturbed street buffer along Timber Drive shall be required. Minor underbrush clearing is permissible only by obtaining pre-approval from the Planning Department. Such approval may not be unreasonably withheld without just cause.

         b.   The street buffer shall extend 50 feet along corner side streets and 40 feet along all entrances to new development .

         c.   The use of native or locally adaptable species is required.

         d.   Construction limit lines shall be shown on all site development plans. Approved undisturbed areas shall be protected on the ground with orange fencing and shall be installed prior to the issuance of a building permit. Such fencing shall be maintained during the entire time of construction .

         e.   The suitability of existing vegetation to meet the planting requirements for a required street buffer must be approved by the Planning Department. Otherwise, the applicant shall be required to provide a new landscape planting plan which meets the standards of this UDO as well all other applicable requirements of Article 7. Such plans must be approved by the Town of Garner Planning Department.

      2.   Residential street buffer. Residential subdivisions and unsubdivided developments with frontage along the right-of-way of Timber Drive shall maintain a 25-foot undisturbed buffer. No fencing shall be allowed within the 25-foot buffer area. Fences shall not be allowed along property frontages with Timber Drive unless they are of uniform height and design according plans that have been approved by the permitting authority. Required landscape planting within the residential street buffer shall consist of one street tree (ten-feet tall with a two-inch caliper at installation) for every 40 feet of street frontage, with a combination of vegetation and/or earthen berms to achieve a 100 percent screen to a height of four feet.

      3.   Nonresidential street buffer.

         a.   Undisturbed street buffer. A 20-foot undisturbed street buffer along Timber Drive shall be required. Minor underbrush clearing of an undisturbed street buffer is permissible only with pre-approval from the Planning Department. Where existing trees and vegetation are retained that qualify according to the terms of this UDO regarding types, sizes, locations, and are healthy species as determined by the Planning Department, additional landscaping may not be required. In cases where additional planting is required when existing vegetation is not present in the street buffer area, a street buffer planting plan must be approved by the Town of Garner. One street tree shall be provided for every 40 feet of frontage. Such tree shall be a minimum of 12 feet tall with a 2.5-inch caliper at installation. All vehicular surface areas visible from Timber Drive must provide additional landscape screening to achieve a 100- percent screen of the vehicular surface area to a minimum height of three feet at installation.

         b.   Street buffer for 20 foot build-to line option. A build-to line option shall be approved when there is no vehicular surface area between the building and the right-of-way of Timber Drive, a 20-foot street buffer with only a lawn area and one street tree (12-feet tall with a 2.5-inch caliper at installation) for every 40 feet of frontage is permissible. Under this option, vehicular surface areas shall be located in the rear of the building unless otherwise approved by the permit issuing authority.

   I.   Site lighting. See Article 7, Special standards in the Timber Drive Overlay District.

   J.   Signage.Article 7 of the Unified Development Ordinance governs the sign requirements for property located in the Timber Drive Overlay District. In cases where a property is located in the Timber Drive Overlay District and such property has frontage directly on U.S. 70, the freestanding sign requirements of the U.S. 70/401 Overlay District may apply provided the following is met:

         a.   The freestanding sign must be located directly on U.S. 70 and be on a lot that meets the minimum lot width requirements of the controlling zoning district; and

         b.   Any freestanding sign located directly on Timber Drive shall be subject to the sign requirements of the Timber Drive Overlay District.

(Ord. No. 3487, §§ 1--3, 10-1-07; Ord. No. 3529, § 1, 10-6-08; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3780, § 1, 7-7-15; Ord., 3-16-21)

4.11. U.S. 70/401 Thoroughfare Overlay District.

   A.   Purpose and intent. The Town Council finds that both the U.S. 70 and 401 highway corridors play a vital role in shaping the communities future, relative to transportation, economic development opportunities and the appearance of the community that is portrayed to the traveling public. Presently these highway corridors are characterized by large freestanding signs, large expanses of unscreened surface parking areas with little or no landscaping, poorly spaced driveway/access points in some locations, and a generally uncoordinated approach to visual appearance matters. The Town Council believes it is important for the community to improve these conditions in order for U.S. 70 and U.S. 401 to function efficiently as transportation corridors, to provide opportunities for new business locations and promote a strong commitment to quality community appearance. Therefore, the Town Council adopts these regulations as a means to address these aforementioned issues.

   B.   Overlay zone. The U.S. 70/401 Thoroughfare District is an overlay zone. The land use regulations applicable to the underlying zone remain in full force and effect except where superseded herein. Where there is a provision not expressed in the underlying zone, or where a provision hereof is in conflict with the underlying zone, the provision of the overlay ordinance shall be controlling.

   C.   Location. The U.S. 70/401 Thoroughfare Overlay District applies to the entire length of U.S. 70 and U.S. 401 located within Garner's zoning jurisdiction. The overlay district shall be designated on each side of the thoroughfare to a depth of 450 feet measured from the center line of the applicable right-of-way line. The district shall include all of the property in mapped focus areas with frontage on U.S. 70 and U.S. 401 as depicted on the adopted Comprehensive Growth Plan's Future Land Use Intensities Map. The Town of Garner Official Zoning Map shall clearly indicate the boundaries of the adopted U.S. 70/401 Overlay Thoroughfare District. In cases where any portion of a building or parking area falls within the boundaries of the overlay district, these provisions shall apply to all of the building (s) and parking areas.

   D.   Prohibited and restricted uses. Unless otherwise prohibited or restricted below, all uses allowed by the underlying zoning district are permissible in the U.S. 70/401 Thoroughfare Overlay District, provided all requirements and permits as required by this UDO are satisfied.

      1.   Prohibited uses. The following uses are prohibited in the U.S. 70/401 Thoroughfare District.

         a.   Drive-in movie theaters;

         b.   Adult cabarets and establishments;

         c.   Outside storage of goods not related to sale or use on premises;

         d.   Scrap materials, salvage yards, junkyards, automobile graveyards;

         e.   Mining or quarrying operations; including on-site sales of products; coal or aggregate sale and or storage; concrete mixing plant;

         f.   Reclamation landfill ;

         g.   Commercial greenhouse operations;

         h.   Recyclable material collection centers ; and

         i.   Solar farms .

      2.   Prohibited uses adjacent to existing residential uses. The following uses are prohibited when directly adjacent to, or within 150 feet of residential uses. This restriction applies to all of U.S. 401 within the overlay district and to only the portion of U.S. 70 from New Rand Road west to the Town limits at the intersection of U.S. 70 and Mechanical Boulevard in the overlay district.

         a.   Hotel/motels;

         b.   Pool halls/bowling alleys only; and

         c.   Bars/night clubs/ABC-permitted private clubs.

      3.   Restricted uses. The following uses are permissible provided the performance standards listed below are met. These standards shall apply only to new development.

         a.   Retail sales, offices and other permissible uses with outside display or storage of goods for sale:

            (1)   Outside display of goods for sale and/or outside storage areas with direct frontage along street rights-of-way must be screened to a minimum height of two and one-half feet planted every five feet on center at installation;

            (2)   A maximum of 50 percent of the total property frontage along U.S. 70/401 may be devoted to outside display or storage of goods when vehicular parking areas (excludes vehicular loading/service areas) are located in the street yard area. A maximum of 66 percent of the total property frontage may be devoted to outside display or storage areas when vehicular parking/service areas are located in side or rear yards ; and

            (3)   All outside displays of goods for sale or outdoor storage areas shall have a minimum setback distance of 15 feet from the street right-of-way.

         b.   Manufactured home sales lots:

            (1)   Model display units only are allowed in front areas (measured 100 feet from the r/w line) directly visible to U.S. 70 or U.S. 401;

            (2)   All display model units must have foundation planting and underskirting material matching the unit; and

            (3)   All storage units must be located in the rear of display model area and have appropriate screening if visible from the thoroughfare.

         c.   Motor vehicle sale lots:

            (1)   All vehicle display areas with frontage along U.S. 70 or U.S. 401 rights-of-way shall be screened to a minimum height of two and one-half feet; and

            (2)   The two elevated display racks permitted per motor vehicle sales lot ; not to exceed five feet in height.

         d.   Automobile service centers:

            (1)   All service bay areas shall be oriented so as not to directly face U.S. 70 or U.S. 401; and

            (2)   All service bay areas shall have a 100 percent screen to a minimum height of three and one-half feet if such areas are visible from public street views. Such screening height must be achieved within two years.

         e.   Automobile repair and body shops:

            (1)   All service bay areas shall be located at the rear of the building or be oriented in such a manner so as not to be directly visible from U.S. 70 or U.S. 401; and

            (2)   All overnight vehicle storage areas shall be located in the rear of the building . Such storage areas shall be 100 percent screened from public street rights-of-way to a minimum height of 6 feet by the use of fencing, landscaping, berms, or a combination thereof.

         f.   Veterinarians or kennels: Veterinarians or kennels with outside facilities for keeping animals are permissible provided such operations are not located within 500 feet of an existing residential use.

         g.   Truck terminals: Truck terminals are permissible provided all operational and loading areas are located to the rear of the building and are not directly visible from U.S. 70 or U.S. 401. Parking lots for employees/visitors are permissible in front of the building.

         h.   Car washes: Car washes are permissible, provided the buildings are oriented in such a manner that the wash bays do not directly face U.S. 70 or U.S. 401.

      4.   Amortization of nonconforming uses.

         a.   When a nonconforming use is abandoned or discontinued for a period of 180 consecutive days, any subsequent use of the property thereafter must comply with the applicable regulations of the Garner UDO regarding the use of the property.

         b.   Any change of use as defined by this UDO requires full compliance with the sign requirements of the Garner UDO.

   E.   Land disturbing activities.

      1.   All development plans submitted under this UDO shall show a construction limit line delineating protected buffer areas and any tree save areas intended for the property. Protective orange fencing, surrounding all protective buffer areas plus ten feet, and around tree save areas at the drip line, shall be installed prior to building and/or grading permit issuance. Any cutting or clearance within an approved protected buffer or tree save area shall be subject to a fine of $5.00 per square yard of area in the protected buffer or tree save area that has been prematurely denuded and must be replaced with equivalent vegetation as determined by the Town of Garner.

      2.   No minor clearing of the existing vegetation within an approved protected buffer area or tree save area to be retained on the property shall not be allowed until after construction on the parcel is completed and upon approval by the Planning Department.

      3.   Logging or timbering activities on properties within the corridor are strongly encouraged to be limited to the interior portions of the lot exclusive of required buffer areas unless specifically approved by the Town of Garner.

      4.   Land development activities such as, but not limited to, site grading, buildings , parking and vehicular use areas, shall be excluded from the perimeter area of lots in order to protect existing trees and vegetation in required buffer areas.

      5.   Any grading or clearing (including removal of stumps) on land within the overlay district, not part of a development proposal, requires site plan approval by the Town of Garner prior to any such activity on the site. All such activities shall be consistent with the standards of this UDO.

   F.   Access. The existing access location standards under Article 8 of this UDO shall govern driveway locations on U.S. 70 and U.S. 401. Deviations from these access location spacing standards may be approved by Variance if the BOA concludes, based upon a traffic impact study submitted by a professional traffic engineer, the requested deviations do not pose any traffic safety impacts to the public and that such deviations have been recommended by the Town Engineer and the North Carolina Department of Transportation.

   G.   Design standards.

      1.   Building height standards identified below relate to areas depicted on the Town of Garner's Comprehensive Growth Plan's Land Use Intensities Map.

         a.   Focus area. Building height is limited to 70 feet within the first 100 feet; beyond the first 100 feet, height may be increased above 70 feet, provided for every additional foot of height the building setback is increased one foot. Building height is limited to 85 feet within the first 100 feet in Regional Centers; beyond the first 100 feet, height may be increased above 85 feet, provided for every additional foot of height the building setback is increased one foot.

         b.   Support area. Building height is limited to 48 feet in first 100 feet; beyond first 100 feet height may be increased above 48 feet provided for every additional foot of height the building setback is increased one foot.

      2.   When a nonresidential use directly adjoins an existing residential use , the building height is limited to 24 feet. When increased building height is authorized, an additional setback distance of one foot must be provided for every additional foot of building height over 24 feet measured from the property line adjoining the existing residential use . This requirement does not apply to the property within the overlay district located east of New Rand Road along U.S. 70.

      3.   Building setback standards identified below relate to areas depicted on the Town of Garner's Comprehensive Growth Plan's Land Use Intensities Map.

 

	Focus Area	Support Area
Front	20 foot minimum (no vehicular/parking area permissible in setback); otherwise 35 feet	30 foot minimum (no vehicular/parking area permissible in setback); otherwise 50 feet
Side	10 feet	10 feet
Rear	15 feet	15 feet

 

   H.   Building design guidelines. All shopping centerdevelopments, business complexes or commercial subdivisions, as defined in this UDO, shall be required to obtain Town approval of building design guidelines that are consistent with the following standards. An individual nonresidential building, not part of a larger shopping center, business complex, or commercial subdivision, shall also be subject to these provisions. All new development must comply with the following standards.

      1.   The use of prefabricated metal buildings shall not be permitted unless all building facades visible from street views are treated with brick, decorative/scored concrete masonry units (CMU), exterior insulated finishing systems (EIFS), or other materials in styles and colors. The use of vinyl siding on nonresidential buildings is not permitted.

      2.   All dumpster enclosures and accessory/storage buildings for new development shall be constructed of materials and colors that match the principal building served and shall be sited on the property in such a manner to minimize view from all public streets .

      3.   All building awnings must be appropriately designed as part of the buildings architecture and be unified with the buildings colors and style.

      4.   Design guidelines shall be required for all shopping centers , business complexes and commercial subdivisions located within the overlay district. Such guidelines must be included as part of the initial overall development plan submittal. All development that is subject to design guidelines approved by the Town must be constructed in accordance with the applicable standards for that specific development .

      5.   All design guidelines shall include, but not be limited to, provisions that address building height, mass and scale, setback distances and unifying site elements such as building materials and colors, landscaping, site lighting elements, and pedestrian circulation systems.

      6.   Vehicular parking surface areas with direct frontage on U.S. 70 or U.S. 401 shall have curb and gutter and be paved with a permanent surface consisting of a minimum six inches of base stone and two inches of I-2 asphalt from the edge of the front vehicular/parking surface area to the front building line. An equivalent permanent surface material may be used as an alternative if approved by the Town Engineer. Truck loading and/or vehicular service areas are strongly encouraged to be oriented on the property so as to be out of public street views consistent with the requirements herein.

      7.   Full lane widening with curb and gutter construction shall be required for all new development with property frontage on U.S. 70 or U.S. 401. This standard does not apply to new development where no direct driveway or street access to U.S. 70 or U.S. 401 is proposed. For new development where access to U.S. 70 or U.S. 401 is proposed and the total peak hour trip generation according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual does not exceed a total of 50 trips, a deceleration lane without curb and gutter construction may be installed in lieu of full lane widening.

   I.   General thoroughfare buffer requirements. In addition to complying with all of the general landscape standards in the Garner UDO, new development must meet the standards listed below.

      1.   The buffer shall extend 50 feet along corner side streets and 40 feet along all entrances to new development .

      2.   The use of native or locally adaptable species is required.

      3.   Construction limit lines shall be shown on all site development plans. Approved undisturbed buffer areas shall be protected on the ground with orange fencing and shall be installed prior to the issuance of a building and/or grading permit. Such fencing shall be maintained during the entire time of construction .

      4.   The suitability of existing vegetation to meet the planting requirements for required buffer areas must be approved by the Planning Department. If approved, it will be credited towards the project 's landscaping requirements. Otherwise, the applicant shall be required to provide a new landscape planting plan which meets the standards of this UDO as well as all other applicable requirements of Article XIX entitled landscape and appearance. Such plans must be approved by the Town of Garner Planning Department.

      5.   Thoroughfare buffer design standards.

         a.   A seven and one-half-foot wide thoroughfare buffer shall be required on property lines along U.S. 70 or U.S. 401 for all development . One street tree shall be provided for every 40 feet of property frontage along U.S. 70 or U.S. 401. Such tree shall be a minimum of ten feet tall with a two-inch caliper at installation. All vehicular parking areas visible from U.S. 70 or U.S. 401 must provide additional landscape screening to achieve a 100 percent screen of the vehicular surface area to a minimum height of two and one-half feet and planted every five feet on center at installation.

         b.   Where existing trees and vegetation can be retained that qualify according to the terms of this UDO regarding types, sizes, and locations, and are healthy species as determined by the Planning Department, additional landscaping may not be required. In cases where additional planting is required, a street buffer planting plan must be approved by the Town of Garner.

      6.   Additional screening, buffering and landscaping requirements in street yards for high intensity uses (new development only). The objective of this requirement is to provide denser screening, landscaping or a combination thereof for more intense uses of land between U.S. 70/401 and the principal improvements on the property which are identified as high intensity uses . High intensity uses include outdoor operations (loading or assembly areas), operation utility service areas, and similar uses . All such high intensity uses not screened by an intervening building shall be screened 100 percent from public street views by a continuous screen of evergreen plant material and/or berm that reaches six feet in height.

      7.   Screening and landscape buffers adjoining residential uses .

         a.   The nonresidential uses listed below shall be required to provide a 40-foot wide undisturbed buffer area with screening to a height of eight feet, or to a buffer width and screening height provided by a professional engineer and based upon results of a sight line study, when directly adjacent to residential uses . Required screening may be achieved by using vegetation, earthen berms, solid fences, or a combination thereof.

            (1)   Golf driving range;

            (2)   Veterinarian/kennel with outside operations;

            (3)   Auto service/auto repair; or

            (4)   Any other permissible use with outdoor display/storage that directly adjoins existing residential property.

         b.   The permitting authority may approve deviations from these presumptive standards if it concludes that the objectives underlying these standards can be met without strict adherence to them, and that there are no excessive measurable impacts to adjoining properties, and it finds that such deviations are more likely to satisfy the above noted standards.

   J.   Parking lot landscape planting for existing uses.

      1.   All existing nonresidential uses of property with direct frontage on U.S. 70 or U.S. 401 shall comply with the following requirements within three years from the date the overlay district is adopted.

      2.   All affected properties shall comply with the street tree requirements of the overlay district and screen all outside display/storage areas or vehicular surface areas directly fronting along U.S. 70/401 to a minimum height of two and one-half feet at installation and planted five feet on center at installation.

      3.   Each property owner or designee shall be responsible for obtaining landscape plan approval from the Planning Department which complies with these standards and install the planting material prior to the three year deadline.

      4.   In cases where the existing property does not have sufficient land area available to accommodate the required landscaping on site without severely impacting business operations, the Planning Department may allow deviations from these standards provided the following is accomplished.

         a.   An appropriate combination of street trees and shrubs is provided in locations that effectively improve the appearance of the property and special highway corridor as determined by the Planning Department (the use of r/w area is permissible with an N.C. DOT encroachment agreement; maintenance by property owner shall be required).

         b.   A maximum deviation of up to 50 percent of required landscaping may be authorized by the Planning Department if it finds there is not sufficient space available on private property and/or public right-of-way areas (merely having to relocate storage areas when sufficient space elsewhere on site is available does not qualify for this type of relief).

      5.   The decision of the Planning Department may be appealed to the Planning Commission for review and recommendation with the final decision by the Town Council.

   K.   Site lighting standards. See Article 7, Special standards in the U.S. 70/401 Thoroughfare Overlay District.

   L.   Sign regulations.

      1.   The provisions set forth in Article 7 specific to U.S. 70 or U.S. 401 shall govern all signage for individual building development that is located within the U.S. 70/401 Thoroughfare Overlay District and is not defined as a shopping center , business complex or commercial subdivision . Shopping centers , business complexes or commercial subdivisions are subject to uniform sign plan standards contained in Section 7.5.N., unless otherwise noted in said section.

      2.   When a new business occupies an existing building , the new business shall fully comply with the applicable sign regulations in Article 7.

(Ord. No. 3558, § 2, 7-7-09; Ord. 3714, § 2, 10-22-13; Ord. No. 3780, § 2, 7-7-15; Ord., 3-16-21)