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 The land use regulations applicable to the underlying zone remain in full force and effect except where superseded herein.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)