SEC. 9-4-86 LISTED USES; SPECIFIC CRITERIA.

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GREENVILLE, NORTH CAROLINA CODE OF ORDINANCES

(A) Adult uses.

(1) All windows, doors, openings, entries and the like, for all adult uses shall be so located, covered, screened or otherwise treated so the views into the interior of the establishment are not possible from any public or semipublic area, street or way.

(2) No adult use shall be established within 500 feet of any residentially zoned land or permitted residential use, nor within 500 feet of any church, school, park, playground, synagogue, convent, library, or other area where large numbers of minors regularly travel or congregate.

(3) The lot containing an adult use shall not be located within a 500-foot radius of another lot containing an adult use.

(B) Major or minor repair facilities.

(1) All wrecked or damaged motor vehicles and parts shall be screened so as not to be visible from adjoining property lines and street right-of-way.

(2) All vehicles on the premises for repair shall be stored at the rear of the principal structure.

(3) No vehicle shall be stored on the premises for more than 15 days.

(4) There shall be no exterior storage of items other than vehicles and tires. Tires stored outside shall be in accordance with subsection (9) below.

(5) Sale of vehicles shall be in accordance with section 9-4-22, definition of automobile, truck, recreational vehicle, motorcycle and boat sales, contained therein.

(6) Rental or utility trailers, cars and trucks shall be permitted as accessory uses, provided that all units in excess of four shall be screened from adjoining street right-of-way and property lines in accordance with Bufferyard C or with a bufferyard of greater intensity as required by the bufferyard regulations.

(7) Outdoor displays of products such as oil, wiper blades or other similar products shall be permitted provided they are within ten feet of the principal structure and outside required bufferyards. Signage displayed in conjunction with such display shall be in accordance with the sign regulations. A maximum of 24 tires may be displayed outside. All tires displayed outside of buildings shall not be closer than ten feet from the principal structure and shall not be more than twenty feet from the principal structure and must be located outside of required bufferyards. All tires displayed outside of buildings shall comply with compliance requirements set forth in subsection (9)(h).

(8) All services except fuel sales shall be performed within a completely enclosed building.

(9) Tires stored outside must comply with the following standards to minimize their visual impact and reduce their potential as a public nuisance and fire hazard:

(a) The maximum area devoted to tire storage shall be limited to 10% of the property area or 25% of the building from which the business operates, whichever is less;

(b) The maximum number of tires stored outside shall not exceed 300;

(c) Tires must be stored behind required bufferyards and located where they are not visible from a street right-of-way or adjacent property through the installation of opaque fencing and/or landscaping or placement of tires behind buildings;

(d) All tires must be placed on racks in the upright position;

(e) There shall be a minimum separation of 20 feet between tire racks and property lines, street right-of-way, and buildings;

(f) Rows of tire racks shall be separated from one another by a minimum of five feet;

(g) The placement of tires stored outside shall be placed and maintained in accordance with this subsection (9) and the North Carolina Fire Code, as amended. The more restrictive provisions shall prevail between the NC Fire Code and tire storage standards of this section; and

(h) Notwithstanding the provisions related to nonconforming uses and situations contained in Article C of this chapter, the requirements contained in this subsection (9) shall be applicable to all existing and future major and minor repair facilities.

(1) All automatic teller facilities shall be attached to the principal structure.

(2) All drive-through teller services shall be located at the rear of the principal structure.

(D) Cemetery. No gravesite shall be within ten feet of any property line or within 25 feet of any street right-of-way.

(E) Child day care facilities.

(1) All accessory structures, including but not limited to playground equipment and pools must be located in the rear yard.

(2) The minimum lot size shall be increased by a ratio of 100 square feet per child in excess of five.

(3) Outdoor play area shall be provided at a ratio of 100 square feet per child and shall be enclosed by a fence at least four feet in height. Further, all playground equipment shall be located in accordance with the bufferyard regulations.

(4) If located in a residential district, a residential appearance of the site shall be maintained to the greatest possible extent.

(5) Employee parking shall be at the rear of the structure when a child day care facility is located in a residential district.

(F) Bar.

(1) (a) Annual review. A special use permit for a bar is subject to annual review in accordance with the provisions of this subsection (F)(l). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to modify, rescind or revoke a special use permit for a bar in accordance with the provisions of section 9-4-83.

(b) Reporting. At the regular January meeting of the Board of Adjustment, the Director of Planning and Development Services or their authorized representative shall present to the Board of Adjustment a written staff report of any violation that has been issued for which the annual review shall include a finding of one or more instances of noncompliance with applicable laws, codes and ordinances, including but not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. If the Board of Adjustment votes to hold a hearing for modification or revocation of the special use permit, the property owner, as specified under subsection (F)(4) below, shall be provided notice of the meeting and a copy of the staff report.

(c) Noncompliance; and modification or revocation. Staff may request for the Board of Adjustment to hold a hearing for a modification or revocation of a special use permit for any establishment that has enforcement actions for numerous violations of one or more instances of noncompliance with applicable laws, codes and ordinances including notices of violation and/or numerous calls for service from city departments such as Police, Fire, Public Works, or Planning & Development Services, not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, notices of violations and special use permit conditions at any time. The special use permit holder, and property owner, if not the same individual, as specified under subsection (F)(4) below, shall be provided notice of the meeting and a copy of the staff report.

(d) Quasi-judicial hearing. Any hearing for a modification or revocation of a special use permit shall be in the nature of and in accordance with the requirements for a hearing upon a special use permit application. After the hearing and in accordance with the provisions of section 9-4-81, the Board of Adjustment may modify the conditions or revoke a special use permit pursuant to this section (F) and section 9-4-82. The modification or revocation of the special use permit by the Board of Adjustment after the hearing shall constitute a revocation of the previously granted special use permit for a bar.

(e) Other remedies. The requirements and standards set forth in this subsection (F)(1) are in addition to other available remedies and nothing herein shall prohibit the enforcement of applicable codes, ordinances and regulations as provided by law.

(2) Litter/debris. The owner(s) and operator(s) of a bar shall collect and properly dispose of all litter and debris generated by their establishment or patrons immediately following the closure of business or not later than 7:00 a.m. each morning following any period of operation. All litter or debris shall be collected from within the boundaries of the establishment, associated parking areas, adjacent sidewalks and public rights-of-way or other adjacent public property open to the public. In addition, the owner(s) and operator(s) of a bar shall comply with the provisions of Title 11, Chapter 9 of the City Code.

(3) In addition to subsection (F)(2) above, the Board of Adjustment may establish specific and reasonable litter and trash mitigation standards or requirements.

(4) Ownership. The special use permit shall be issued to the property owner as listed on the tax records of the county. When the ownership of any property, which has a special use permit for a bar, is transferred to a new owner by sale or other means, the new owner shall sign and file with the office of the Director of Planning and Development Services an acknowledgment of the rights, conditions and responsibilities of the special use permit prior to operation of the use under the permit. The acknowledgment shall be made on forms provided by the planning office.

(5) Any bar that has been issued a special use permit by the Board of Adjustment shall continue under the terms and conditions of the issued special use permit unless there is a modification or a revocation.

(6) No bar located in any district shall be located within a 500-foot radius of an existing or approved bar as measured from the nearest lot line in accordance with the following. When a bar is located or to be located on a lot exclusive to itself, the measurement shall be from the perimeter lot line of the exclusive lot. When a bar is located or to be located in a separate structure exclusive to itself on a lot containing multiple uses, the measurement shall be from the perimeter lot line of the lot containing multiple uses. When a bar is located or to be located in a common structure with other uses such as a shopping center on a common lot, the measurement shall be from the perimeter lot line of the common lot.

(7) At the time of special use permit approval, a bar shall not be located within a 500 foot radius, including street right-of-ways, of (i) a conforming use single-family dwelling located in any district, or (ii) any single-family residential zoning district. The required measurement shall be from the building or structure containing the bar to the nearest single-family dwelling lot line or single-family residential zoning district boundary line. For purpose of this section, the term "single-family residential zoning district" shall include any RA20, R15S, R9S, R6S, and MRS district.

(G) Fraternity or sorority.

(1) The minimum lot size shall be 20,000 square feet.

(2) The gross floor area of the structure or structures shall be no less than 250 square feet per resident.

(3) The total amount of land devoted to structures and parking shall not exceed 70% of the total lot area.

(4) No part of any principal structure or accessory shall be located within 15 feet of any property line or street right-of-way for new construction and conversions.

(H) Greenhouse or plant nursery.

(1) The growing of greenhouse or plant nursery products shall be the principal use. Retail sales shall be considered an accessory use, provided no more than 25% of the retail stock of a nursery shall be of products not grown on the premises.

(2) No power equipment, such as gas or electric lawn mowers and farm implements, may be sold wholesale or retail.

(I) Group care facility.

(1) The minimum lot size shall be two acres.

(2) The principal and accessory use side and rear setbacks shall be 20 feet for new construction in the case of single building development.

(3) Multi-family development standards shall apply except as provided under subsection (I)(2) above.

(4) Maximum occupancy shall be in accordance with the North Carolina State Building Code not to exceed 25 and as provided by definition.

(J) Junkyard or automobile graveyard.

(1) The use shall be set back at least two times the distance from the street right-of-way line as required for the district in which it is located.

(2) The yard shall be fenced with a visual screen eight feet in height in order that no junk or automobiles can be seen from the street or surrounding properties. In no case shall the eight-foot-high fence required by this subsection be substituted for the fence or vegetation required by the bufferyard regulations.

(K) Manufacture of nonhazardous medical supplies or medical products, including distribution.

(1) The minimum lot size shall be two acres.

(2) Exterior storage of materials shall be prohibited.

(3) All structures shall be a minimum of 75 feet from all exterior property lines.

(L) Office; professional and business.

(1) No more than 50% of the total number of operations located within the buildings or project may be devoted for business or professional purposes. All remaining operations shall be those that are permitted uses within the zoning district.

(2) Retail sales, pickup or deliveries of merchandise shall not be made from the premises and merchandise shall be displayed only within the building.

(M) Public utility, building or use.

(1) Any proposed use shall maintain a residential appearance to the greatest possible extent and shall be consistent in scale and environment with surrounding properties.

(2) Any parking area designed to serve more than four vehicles shall be located in the rear of the principal structure.

(N) Radio and television studios, transmission and/or receiving facilities.

(1) The tower base shall be set back from adjoining property lines a minimum of 20% of the tower height or 30 feet, whichever is greater.

(2) Guy wire anchors shall be set back from adjoining property lines in accordance with the minimum district setbacks.

(O) Residential quarters for resident manager or caretaker.

(1) The quarters shall be incidental and subordinate to the permitted or special use.

(2) Only the caretaker and his or her immediate family shall permanently reside in the quarters.

(3) The quarters shall be a self-contained dwelling unit.

(4) The quarters shall be located within the principal structure except in the case of a mobile home sales lot, where the residential quarters may be located in a separate mobile home.

(P) Restaurant; conventional or fast food.

(1) Except as further provided, whenever a proposed restaurant is to be located adjacent to a permitted residential use, or a residential zoning district, the following minimum standards shall be required:

(a) The restaurant principal structure shall maintain a public street (front yard) setback not less than the adjoining residential zoning district;

(b) The restaurant principal structure shall maintain a side and rear yard setback not less than 25 feet from any property line which abuts a residential zoning district or a permitted residential use;

(d) Any exterior menu reader board or order station which contains an audio speaker(s) shall be set back not less than 50 feet from any side or rear property line which abuts a permitted residential use or residential zoning district, and the speaker shall be oriented and directed away from any adjacent permitted residential use or residential zoning district in a manner approved by the Director of Planning and Development Services or the Director’s authorized representative, and the requirements shall be indicated upon an approved site plan. Separation of the speaker from an adjacent permitted residential use or residential zoning district by an intervening nonresidential building or structure of sufficient dimension to negate or block the transmission of sound may, upon approval of the Director of Planning and Development Services or representative, substitute for the speaker setback, orientation and direction standards of this section. No exterior menu reader board or order station shall be utilized or operated in a manner which constitutes a nuisance or hazard to the general public.

(2) No new restaurant within any MS Zoning District shall be located within 500 feet of any existing or vested restaurant in any zoning district or within 1,000 feet of any existing or vested restaurant in any MS District, as measured between the nearest enclosed structural part of the establishments.

(3) Within any MO Zoning District no fast food restaurant shall be located in a freestanding detached structure exclusive to such use. All fast food restaurants in any MO Zoning District shall be located within and be part of an attached multi-unit structure which contains not less than two individual units occupied by, or are available for sale or lease, to separate establishments.

(Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 21-051, § 3, passed 9-9-2021)

(Q) Medical supply sales and rental of medically related products. No products shall be visible from a public street right-of-way.

(R) Mining and quarrying.

(1) No mining, quarrying or excavation activity shall occur closer than 100 feet to an adjacent residential dwelling.

(2) Access to sites shall be located so as to avoid the routing of vehicles to and from the operation over streets that primarily serve abutting residential development. Maintenance of this access shall be the responsibility of the operator of the site. Measures to control dust along access roads shall be used as needed to maintain a relatively dust-free operation.

(3) Hours of operation may be from 7:00 a.m. to 6:00 p.m. Monday through Saturday except as further provided. Hours of operation, at sites where access is limited to ingress and egress over publicly maintained streets through areas which are residential in nature, shall be 8:00 a.m. to 6:00 p.m. Monday through Friday.

(4) A six-foot-high chain link fence shall be located not less than ten feet from the top edge of any exterior cut slope. Gates, the same height as the fence, shall be installed at all points of vehicular or pedestrian ingress and egress and shall be kept locked when not in regular use.

(5) Upon completion of mining or quarrying excavation activity, the land shall be restored to a condition that is suitable and amenable to existing or prospective uses of surrounding land.

(S) Sanitary landfill or incinerator. No refuse shall be deposited and no building or structure shall be located closer than 100 feet to a property line or street right-of-way line.

(T) Noncommercial park or recreation facility; public or private. No part of any structure or improvement shall be closer than 50 feet to any part of the principal structure of an adjacent residential use.

(U) Home occupations.

(1) Except as otherwise provided, all home occupations shall comply with all of the following standards:

(a) Shall only be permitted within single-family dwelling units;

(b) Shall not be permitted within any detached accessory structure or building;

(d) Shall not occupy more than 20% of the mechanically conditioned enclosed floor space of the dwelling unit;

(e) Shall not employ more than one person other than those persons legally residing within the principal use dwelling;

(f) Shall not be visible from any public right-of-way or adjacent property line;

(g) Shall not involve the on-site sales of products;

(h) Shall not involve any outside storage of related materials, parts or supplies;

(i) Shall have signage in accordance with Article N; and

(j) Shall not create any hazard or nuisance to the occupants residing or working within the principal use dwelling or to area residents or properties.

(2) The following permitted limited in-home services and/or business activities shall not constitute a home occupation and shall be construed as an incidental accessory residential use within any dwelling, for purposes of regulation under this chapter, provided that: not more than one person is engaged in the conduct of the listed activity; the person that is engaged in the conduct of the activity shall be a permanent resident within the subject dwelling; not more than two customer/clients shall be allowed on the premises at any one time; no on-site signage shall be displayed in connection with the limited in-home service and/or business activity; and the activity is compliant with characteristics of subsection (U)(1)(b), (c), (d), (f), (g), (h) and (j) above:

(a) Music or dance instructor, provided all associated amplified and/or non-amplified sound is not plainly audible, within any adjacent area dwelling unit or beyond the adjacent property line;

(b) Educational tutoring;

(d) Attorney at law;

(e) Counseling, including psychologist, marriage and similar professional counselor;

(f) Doctor, physical therapist or other similar health care professional;

(g) Consultant, including public relations, advertising, computer science, engineering, architect and other similar professional consultant;

(h) Clothes alteration seamstress; excluding garment manufacturing, shoe repair and sales of clothing items;

(i) Catalogue ordering sales consultant business wherein retail products are ordered by the end customer from a catalogue and/or by reference to limited samples displayed at off-site locations remote to the business address;

(j) Artist, photographer/videographer, graphic designer, writer;

(k) Real estate broker/realtor;

(l) Real estate/personal property appraiser;

(m) General contractor including building, painting, electrical, plumbing, mechanical, landscape, and cleaning/janitorial service, excluding any on-site: physical display and/or storage of products, and materials; manufacture or assembly; storage of construction or service delivery equipment including trucks, trailers, excavators, tractors, and mowers of a type and number uncommon to typical domestic residential use; provided, however, a personal transportation vehicle customarily associated with residential use shall be permitted; and

(n) The incidental use of any dwelling by the occupant(s) for the purpose of receiving or transmitting messages or mail, record or bookkeeping filing, address listing for applicable privilege license or tax identification and other similar activities, which do not involve the on-site sale, delivery, distribution, reception, storage or manufacture of goods, products or services.

(3) Barber and beauty shop; manicure, pedicure or facial salon; and other similar personal service activities not otherwise listed: shall be limited to not more than one operator or service provider at all times. Concurrent and/or shift employment shall not be permitted.

(4) Bed and breakfast inn.

(a) Shall be restricted to property that is located both within a R-6S Zoning District, and within a locally designated Historic District (HD) Overlay Zoning District.

(b) The principal use single-family dwelling structure shall have a minimum of 3,000 square feet of mechanically conditioned enclosed floor area.

(c) Not more than 60% of the total mechanically conditioned enclosed floor area of the principal use single- family dwelling structure shall be utilized as part of the bed and breakfast establishment, including guest rooms and associated baths and closets, guest sitting or lounging areas and other interior spaces which exclusively serve such areas and rooms. Common areas utilized by both guests and the resident owner family, including but not limited to kitchens, dining rooms, foyers, halls, porches and stairs, shall not count towards the allowable percentage. A dimensional floor plan of the principal use dwelling shall be included at the time of initial application, which illustrates compliance with this section.

(d) The use shall be conducted completely within the single-family dwelling and no part of any detached accessory structure or building shall be devoted to the use; provided, however, a detached garage may be utilized to fulfill parking requirements.

(e) Not more than five rooms devoted to such overnight accommodations shall be permitted in addition to bathrooms or other common use areas.

(f) All entry and primary exits to the individual tenant occupancy rooms or common use areas shall be through the principal use dwelling area of the owner occupant. Other exits as shall be available or required shall only be utilized by the tenant occupants in the event of an emergency.

(g) In addition to the parking requirement of the principal use dwelling, one off-street parking space shall be required for each allowed tenant occupancy. No outdoor, unenclosed parking area associated with the accessory use shall be located in any front yard or any street right-of-way setback area. Such separate or joint parking facility shall comply with applicable design and construction standards.

(h) The parking area bufferyard, screening and landscaping requirements for each separate facility shall be established in the individual case; however, no side or rear bufferyard shall be less than Bufferyard B of the bufferyard regulations set forth in Article G.

(i) The maximum number of days allowed per individual tenancy shall be limited to applicable State and County Health Department standards, however, not to exceed 30 continuous days.

(j) Commercial cooking facilities shall not be allowed, and breakfast may only be served between the hours of 5:00 a.m. and 11:00 a.m. and shall be the only meal offered to overnight guests. No persons other than overnight guests shall be served food and/or beverages for compensation. No alcoholic permits shall be issued to any such facility.

(k) One nonresident person in addition to the resident owner family may be employed in connection with the operation of the establishment. For purposes of this section, the term “person” may be construed to include two or more shift employees, provided the employees are not on simultaneous duty.

(l) The principal structure or additions thereto which contain the accessory use shall maintain a single- family residential character of like scale and design to adjoining and area properties. A certificate of appropriateness shall be required prior to alteration of a locally designated historic property.

(m) The single-family dwelling and lot that is converted into a bed and breakfast inn shall meet the following minimum district requirements for construction of a new dwelling: lot area, lot width, street frontage, side yard setback and rear yard setback; provided, however, where the proposed bed and breakfast inn is located adjacent to a property containing a nonconforming land use the setback requirements of this subsection shall not apply to that adjacent common boundary, at the time of initial application and approval. When a nonconforming adjacent use is converted to a conforming use, at any time after the initial approval of the bed and breakfast inn, the conversion shall not affect the continued use and/or renewal of the bed and breakfast inn with respect to the requirements of this subsection. The minimum lot area, lot width and lot frontage requirement shall not be reduced in accordance with section 9-4-33, and the minimum requirements set forth in section 9-4-94(E) shall apply for both new construction or conversion.

(n) Room renting, as defined under section 9-4-22, shall not be permitted within any dwelling that contains a bed and breakfast inn.

(o) The owner shall request that the Building Inspector and Zoning Enforcement Officer conduct an inspection of the premises each year during the month of original approval for compliance with applicable codes and conditions of special use permit approval. The owner shall pay any fee associated with the inspection as may be established by City Council.

(p) The special use permit may be approved for a three-year period and continued use shall be subject to renewal in accordance with original submission requirements.

(V) Retirement center.

(1) The minimum lot size shall be two acres.

(2) The density requirements of the prevailing zoning district shall apply.

(3) Multi-family development standards shall apply.

(W) School. All structures shall maintain side and rear setbacks of 50 feet and a front yard setback at least 25 feet greater than that required for single-family residences within the district, except as provided in subsection (1)(g) through (j) herein. Schools may be allowed as a special use in the IU (Unoffensive Industry) zoning district provided the school complies with the following additional criteria:

(1) The property shall have a minimum of eight acres.

(2) The maximum allowed building coverage shall be 40% of the property.

(3) The property shall have a minimum public road frontage of 450 feet.

(4) All loading and unloading of students shall be off-street.

(5) All parking areas shall be off-street in accordance with Article O, Parking.

(6) The school must be authorized by the State of North Carolina.

(7) All new structures shall maintain setbacks of 50 feet from property and public street right-of-way lines.

(8) Schools that occupy structures that existed upon the effective date of this section (August 13, 2015) shall maintain setbacks of 50 feet from public street right-of-way lines, but are exempt from setbacks from property lines.

(9) The setback exemption in section (h) is not applicable to parcels created after the effective date of this section (August 13, 2015).

(10) Buildings that existed upon the effective date of this section (August 13, 2015) shall not be expanded within a 50-foot setback from property and public street right-of-way lines.

(X) Stable.

(1) No stable shall be erected closer than 100 feet to an existing dwelling or residential district.

(2) Stables shall meet the minimum dimensional setbacks required within the applicable district except as provided under subsection (X)(1) above.

(Y) Boarding house or rooming house.

(1) The total number of unrelated occupants in addition to the resident family shall not exceed four persons.

(2) The minimum lot size shall be 9,000 square feet.

(3) No boarding house or rooming house shall be located within a 400-foot radius of another boarding house or rooming house.

(4) No more than two required parking spaces may be located in the front yard.

(5) The total amount of land devoted to structures and parking shall not exceed 70% of the lot area.

(6) The use shall be conducted as an accessory use within an owner occupied single-family dwelling.

(Z) Nursing, convalescent or maternity home.

(1) Major care facility.

(a) The minimum lot size shall be two acres.

(b) The side and rear setbacks shall be 20 feet for single building development for conversion or new construction.

(c) The public street setback shall be in accordance with the prevailing zoning district for conversion or new construction.

(d) Multi-family development standards shall apply except as provided under subsection (Z)(1)(b) and (c) above.

(e) Maximum occupancy shall be in accordance with the North Carolina State Building Code and/or applicable licensing requirements.

(2) Minor care facility.

(a) The minimum lot size and dimension shall be in accordance with two-family attached dwelling (duplex) standards for the prevailing zoning district for conversion or new construction.

(b) The minimum setback of any principal structure shall be in accordance with two-family attached dwelling (duplex) standards for the prevailing zoning district for conversion or new construction.

(c) One parking space shall be required for each resident manager or other on-site employee in addition to two visitor spaces per facility.

(d) Maximum occupancy shall not exceed a total of eight persons, including up to six resident individuals receiving care and any resident manager(s).

(AA) Shelter for homeless or abused persons.

(1) The minimum lot size shall be 15,000 square feet.

(2) Maximum occupancy shall be in accordance with the North Carolina State Building Code.

(3) On-site supervision shall be maintained during all hours of operation.

(4) Single-building development shall be in accordance with single-family standards.

(5) Multiple-building development shall be in accordance with multi-family development standards.

(6) Parking shall be required at a ratio of one space per every two supervisors and one space per each 500 square feet of habitable floor area.

(BB) Multi-purpose center.

(1) Minimum lot area, width and dimension shall be not less than the district minimum.

(2) Each activity, including the method and extent of operation, proposed for inclusion at each separate location shall be specifically considered by the Board of Adjustment. Activities not specifically approved shall be prohibited.

(3) Specifically prohibited uses are set forth by definition.

(4) Where specific activities are approved for concurrent operation the minimum parking requirement shall be the sum total of all spaces required for all concurrent uses in accordance with Article O.

(5) Where specific activities are not approved for concurrent operation the minimum parking requirement shall be based on the activity which requires the greatest number of spaces in accordance with Article O.

(6) Bufferyards and required vegetation for a Classification III use shall apply in accordance with Article G.

(CC) Guest house for a college or other institution of higher learning.

(1) No “guest house; college and other institutions of higher learning” shall be located within one-quarter mile of any other “guest house; college and other institutions of higher learning” as measured to the nearest lot line.

(2) The minimum lot area, width and dimension shall be not less than the district minimums.

(3) Not more than three rooms devoted to overnight accommodations shall be permitted in addition to bathrooms or other common use areas.

(4) One bathroom shall be required for the private use of each allowed tenant occupancy.

(5) All entry and primary exits to the individual tenant occupancy rooms shall be through commons areas. Other exits as shall be available or required shall only be utilized by the tenant occupants in the event of an emergency.

(6) One off-street parking space shall be required for each allowed tenant occupancy. Parking areas shall be located and improved in accordance with Article O.

(7) The parking facility bufferyard and landscaping requirements for each separate facility shall be established in the individual case; however, no bufferyard shall be less than Bufferyard B of the bufferyard regulations set forth in Article G.

(8) The maximum number of days allowed per individual tenancy shall not exceed 14 continuous days.

(9) Freestanding and wall signage for the use shall not exceed a combined total of three square feet. Illuminated signs shall not be allowed.

(10) The building(s) or additions thereto which contain the use shall maintain a single-family residential character of like scale and design to adjoining and area properties.

(11) A common kitchen and dining area is permitted; however, no meals shall be served for compensation.

(12) A common social/recreational sitting room accessible to the tenant occupants and other guests and/or representatives of the associated institution may be allowed.

(13) The special use permit shall terminate upon a change of use and/or transfer of title.

(14) The owner shall request that the Building Inspector conduct an inspection of the premises each year during the month of original approval for compliance with applicable codes and conditions of special use permit approval. The owner shall pay any fee associated with such inspection as may be established by City Council.

(DD) Church or place of worship. The special use permit shall be valid for 36 months from the date of the order granting the permit. From and after 36 months, the permit shall be considered void and of no effect and any reuse or continuance of use under this section shall be subject to reapplication and special use permit approval in accordance with current requirements.

(EE) Billiard parlor or pool hall.

(1) A special use permit granted under this section shall be for a period of one year and must be renewed annually.

(2) It shall be the responsibility of the owner/operator to make timely application for permit renewal.

(FF) Convention center; private. Convention centers (private) shall, in addition to other applicable requirements for the district and use, meet the following minimum standard(s) when located within any O and/or OR District. Minimum lot area: ten acres.

(GG) Athletic club; outdoor facilities. With the exception of pedestrian walkways and fitness trails, no portion of any outdoor activity or recreation area shall be located within 100 feet of any residential zoning district boundary. Street rights-of-way shall count toward this requirement.

(HH) Adult day care facilities.

(1) The minimum lot size shall be increased by a ratio of 100 square feet per adult in excess of five.

(2) All accessory structures, including but not limited to exercise or recreation equipment and pools, must be located in the rear yard.

(3) If located in a residential district, a residential appearance of the site shall be maintained to the greatest possible extent.

(4) Employee parking shall be at the rear of the structure when a day care facility is located in a residential district.

(II) Office and school supply, equipment sales. Shall not exceed 5,000 square feet of gross enclosed floor area per each individual establishment, including all associated principal and accessory structures.

(JJ) Hobby or craft shop. Shall not exceed 5,000 square feet of gross enclosed floor area per each individual establishment including all associated principal and accessory structures.

(KK) Dry cleaning; household users, drop-off/pick-up station only.

(1) Shall not include any on-site laundry or dry cleaning process, activity or facility including but not limited to washing, cleaning, drying, pressing, mending, alteration, sale of apparel or laundry supplies.

(2) Shall not exceed 2,000 square feet of gross enclosed floor area per each individual establishment including all associated principal and accessory structures.

(LL) Building supply; lumber and material sales, plumbing and/or electrical supply including outside storage.

(1) The Board of Adjustment may attach additional reasonable screening conditions to any perimeter property boundary when the Board determines that the proposed outside storage area and use would otherwise be incompatible with, and detrimental to, adjacent and area land uses absent such additional screening.

(2) Required screening may be accomplished by a solid wood fence, masonry wall, earth berm, evergreen vegetation, enclosed structure or combination thereof. Vegetation utilized for this purpose shall comply with Article P.

(3) The requirements of this section shall be in addition to the applicable bufferyard and planting requirements set out under Article G and Article P; provided, however, that qualified existing and planted vegetation shall be credited and count toward applicable requirements.

(MM) Dormitory development within the CD District.

(1) Minimum habitable (mechanically conditioned) floor area per each bedroom: 200 square feet. For purposes of this requirement, the term “floor area” shall include private living spaces and any connected common living spaces associated with the subject bedroom, provided however the common living space allocation devoted to a bedroom shall not qualify for or count toward the minimum floor area requirement of any other bedroom.

(2) Minimum lot area: None.

(3) Minimum lot width: None.

(4) Minimum street, side and rear yard setbacks: None.

(5) Minimum parking requirement: One-half space per bedroom.

(6) Parking location requirements:

(a) Each required parking space shall be located:

1. On the lot containing the associated residential use;

2. Within a remote parking facility located within 800 feet of the use it is intended to serve, as measured with and along an improved pedestrian path from the most distant parking space to the building entrance; or

3. Within a remote parking facility located in a Downtown Commercial (CD) District.

(b) Such remote parking facility shall be in accordance with the applicable provisions of Article O.

(7) Off-street parking: All off-street parking areas designed for three or more spaces shall be in accordance with Article O.

(8) Preservation design: In order to protect the architectural integrity of existing buildings within the CD Zoning District, and in so doing to preserve the continuity of scale and design within those areas, the following requirements shall be met:

(a) All slip covers previously applied to the facade of existing buildings shall be removed.

(b) All canopies, except for those made of canvas, shall be removed from the facade.

(c) Where evidence exists of original windows and door openings subsequently enclosed, the windows and doors shall be reopened in an operable manner and in a style in keeping with the building. Where other unique architectural features remain, including cornices, mid-cornices and window surrounds, they shall be repaired and/or replaced with elements of like design.

(d) Nothing in this subsection shall supersede applicable North Carolina State Building Code requirements.

(9) Maximum residential occupancy limits:

(a) Residential occupancy within dormitory units shall be limited to one bed per each bedroom and one person per each bedroom.

(b) Residential occupancy within dwelling units shall be limited to one family per each dwelling unit.

(10) Signage: All signs shall be erected in accordance with Article N of this chapter, but in no event shall a sign be mounted over existing windows, doors or other architectural features described in subsection (MM)(8)(c) above.

(11) Residential and nonresidential uses allowed: Subject to district standards, and requirements, development allowed under this section may include both residential and nonresidential use.

(MM-1) Dormitory development within the CDF-UC District.

(1) Maximum single and double occupancy limits shall comply with the following minimum habitable (mechanically conditioned) floor area per each bedroom. For purposes of these requirements, the term “floor area” shall include private living spaces and any connected common living spaces associated with subject bedroom, provided however the common living space allocation devoted to a bedroom shall not qualify for or count toward the minimum floor area requirement of any other bedrooms:

(a) Single residential occupancy within dormitory units shall be limited to one bed per each bedroom and one person per each bedroom having a minimum floor area of 200 square feet.

(b) Double residential occupancy within dormitory units shall be limited to two beds per each bedroom and two persons each bedroom having a minimum floor area of 400 square feet.

(2) Dormitory development within the CDF-UC District shall provide retail sales and/or other non-residential uses with a minimum floor area of 10,000 square feet. For purposes of this requirement, the term “floor area” shall mean non-storage floor area which is used as retail sales, or other non-residential uses. Where architectural layouts are not available for consideration, the “floor area” will be calculated by multiplying 80% times the gross area designated as non-residential use until such time architectural layouts are available for consideration or occupancy has commenced, whichever is earlier.

(3) Minimum lot area: 2.0 acres.

(4) Minimum lot width: 100 feet.

(5) Minimum street setback: five feet.

(6) Minimum side and rear setbacks:

(a) When adjacent to single-family use: ten feet.

(b) When adjacent to any use other than single-family; per Article G, Bufferyard setback.

(7) Maximum height (above grade): none.

(8) Maximum lot coverage (excluding drives and parking): none.

(9) Minimum parking requirements.

(a) Single residential occupancy: Seventy-five hundredths space per bed.

(b) Double residential occupancy: One and one-half space per bedroom.

(c) Non-residential uses: The required number of parking spaces for non-residential uses shall be provided in accordance with Article O, except as modified herein. The parking requirements set forth in Article O for non-residential uses may be reduced to 25% where combined parking is available for the non- residential user. For purposes of this section, the term “combined parking” shall be that parking with is part of the required residential parking that is available and accessible to the non-residential user.

(10) Parking location requirements: Each required parking space shall be located on the lot containing the associated use.

(11) Parking spaces adjacent to principal or other structures including accessory structures per section 9-4-251(B)(9): The minimum separation requirement may be reduced at the option of the owner to not less than five feet.

(12) Off-street parking: All off-street parking areas designed for three or more spaces shall be in accordance with Article O except as modified in section 9-4-200.1(B)(6).

(13) Site vegetation location requirements per section 9-4-268(J)(1) may be modified for dormitory developments whereby, with the exception of street yard trees, site vegetation shall not be located within two feet of a principal and/or accessory structure in order to meet vegetation requirements.

(14) Signage: All signs shall be erected in accordance with Article N of this chapter.

(15) Residential and nonresidential uses allowed: Subject to district standards, and requirements, development allowed under this section may include both residential and nonresidential use.

(16) Nothing in this subsection shall supersede applicable North Carolina State Building and Code requirements.

(NN) Mental health, emotional or physical rehabilitation center.

(1) Multi-family development standards shall apply when located in the OR zoning district.

(2) Each three client occupants or major fraction thereof, in addition to any resident manager and blood relatives to the resident manager, shall constitute one dwelling unit for determining allowable density under this section.

(OO) Beekeeping; major use.

(1) The standards, requirements, conditions and restrictions of section 12-2-27(c) shall apply for locations and uses both within the city limits and within the extraterritorial jurisdiction.

(2) In addition to section (1) above the Board of Adjustment may require reasonable additional conditions as determined appropriate by the Board in the particular case.

(PP) Solar energy facility.

(1) Setbacks. Solar energy facilities and their appurtenant components and structures shall be a minimum of 50 feet from all property lines, and one-hundred feet from any residence. Inverters shall be a minimum of 150 feet from any residence.

(2) Height requirements. Individual modules/panels shall be a maximum of 25 feet in height as measured from the grade at the base of the structure to the apex of the structure.

(3) Site plan. A site plan, drawn and stamped by a North Carolina licensed surveyor or engineer, shall be submitted showing the following:

(a) A narrative describing the proposed solar energy facility including an overview of the project;

(b) The proposed location and dimensions of all solar panels, inverters, existing and proposed structures, screening, fencing, property lines, turnout locations, ancillary equipment, transmission lines, vegetation and the location of any residence within 100 feet of the perimeter of the facility;

(c) Any preexisting structures on the same lot and principal structures on other properties that would affect the placement of solar panels;

(d) Parking and access areas;

(e) Location of any proposed solar access easements;

(f) Location where wiring is brought together for inter-connection to system components and/or the local utility power grid, and location of disconnect switch;

(g) Standard drawings of the solar collection system components;

(h) Security fencing, a minimum of six feet in height, shall be provided along the entire perimeter of the facility;

(i) The entire perimeter of the facility shall be screened from adjoining properties by a ten foot buffer yard. The buffer yard shall consist of nine evergreen trees or shrubs per 100 linear feet or fraction thereof. The vegetation shall comply with § 9-4-267;

(j) Copies of any lease agreement and solar access easement(s);

(k) Evidence that the electrical utility provider has been informed of the customer’s intent to install an interconnected, customer-owned generator (off-grid systems shall be exempt from this requirement);

(l) Decommissioning plans that describe the anticipated life of the facility, the estimated decommissioning costs in current dollars, and the anticipated manner in which the facility will be decommissioned and the site restored;

(m) Signature of the property owner(s) and the owner/operator of the facility (if different than the property owner); and

(n) Other relevant studies, reports, certifications, and approvals as may be reasonably requested by the City of Greenville to ensure compliance with this article.

(4) Location. Solar energy facilities will be permitted only in the RA-20 (Residential -Agricultural) zoning district on a parcel (or parcels) containing a minimum of 30 acres as a special use as permitted by the City of Greenville Board of Adjustment.

(5) Other requirements.

(a) Development of a solar energy facility will be subject to other overlay district regulations including watershed impervious surface limits.

(b) Solar energy facilities shall be fully screened from adjoining properties and adjacent roads by an evergreen buffer capable of reaching a height of six feet within three years of planting, with at least 75% opacity at the time of planting.

(c) All outdoor lighting shall be shielded to direct light and glare onto the system’s premises and may be of sufficient intensity to ensure security.

(d) Any electrical wiring used in the system shall be underground (trenched) except where wiring is brought together for inter-connection to system components and/or the local utility power grid.

(e) Solar panels shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components and withstand adverse weather conditions.

(f) Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

(g) No ground-mounted large solar energy systems shall be affixed to a block wall or fence.

(h) No signage shall be permitted on the perimeter fence, with the exception of one sign not to exceed 32 square feet that displays the name, address and emergency contact information of the facility as well as appropriate warning signs.

(i) All obsolete or unused systems shall be removed. Any structure or equipment associated with the solar farm that is not operated for a continuous period of 365 days shall be considered obsolete or unused system.

(j) Any lease agreement, solar access easement, and plan for removal of system/equipment shall be provided to the Planning and Development Services Director or designee. If the system is to be interconnected to the local utility power grid, a copy of the conditional approval from the local utility must also be provided before a special use permit will be granted.

(k) The solar energy facility and components shall meet all requirements of the North Carolina State Building Code.

(l) The solar energy facility and components shall comply with the current edition of the National Electrical Code; UL listed, and be designed with an anti-reflective coating.

(m) The electrical disconnect switch shall be clearly identified and unobstructed, and shall be noted clearly on the site plan.

(n) The owner or future owner of a property onto which a solar farm is installed assumes all risk associated with diminished performance of said system caused by any present or future adjacent structure or landscaping that may interfere with the system’s ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.

(o) Inverter noise shall not exceed 40 dBA, measured at the property line.

(p) Other conditions, including, but not limited to, buffering and noise controls that provide adequate protection for adjacent residential properties as may be deemed reasonable and appropriate for the type of system, may be added by the City of Greenville Board of Adjustment.

(QQ) Microbrewery (see also section 9-4-22).

(1) The principal use is the production of malt beverages for retail sales for on-premises and off-premises consumption in accordance with ABC permit requirements set forth in G.S. 18B1001 as amended and issuance of on-premises malt beverage permit for breweries as authorized by G.S. 18B-1104 as amended and all other laws pursuant to G.S. 18B, as amended.

(2) Accessory uses may include and be limited only to: retail sales; food and beverage consumption; entertainment; games; a tasting room; event room; and loading area.

(3) The portion of the building devoted to operating brewing equipment shall not exceed 5,000 square feet.

(4) A minimum of 30% of the microbrewery's floor area shall have operating brewing equipment that produces beer for retail sales. This percentage shall be satisfied at the time a Certificate of Occupancy inspection is conducted and shall be maintained thereafter.

(5) In addition to compliance with the noise control standards in Title 5, Chapter 5 of the City Code, exterior guest areas shall not have amplified sound equipment within 150 feet from any residential use as measured from the property line of the residential use to the exterior area where the speaker equipment is located.

(6) (a) Annual review. A special use permit for a microbrewery is subject to annual review in accordance with the provisions of this subsection (QQ)(6). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to modify, rescind or revoke a special use permit for a microbrewery in accordance with the provisions of section 9-4-83.

(b) Reporting. At the regular January meeting of the Board of Adjustment, the Director of Planning and Development Services or their authorized representative shall present to the Board of Adjustment a written staff report of any violation that has been issued for which the annual review shall include a finding of one or more instances of noncompliance with applicable laws, codes and ordinances, including but not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. If the Board of Adjustment votes to hold a modification or revocation of the special use permit, the property owner and permit holder, if applicable, as specified under subsection (QQ)(10) below, shall be provided notice of the meeting and a copy of the staff report.

(c) Noncompliance; and modification or revocation. Staff may request for the Board of Adjustment to hold a hearing for a modification or revocation of a special use permit for any establishment that has enforcement actions for numerous violations of one or more instances of noncompliance with applicable laws, codes and ordinances including Notices of Violation and/or numerous calls for service from City departments such as Police, Fire, Public Works, or Planning & Development Services, not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, notices of violations and special use permit conditions at any time. The property owner and permit holder, if applicable, as specified under subsection (QQ)(10) below, shall be provided notice of the meeting and a copy of the staff report.

(d) Quasi-judicial hearing. Any hearing for a modification or revocation of a special use permit shall be in the nature of and in accordance with the requirements for a hearing upon a special use permit application. After the hearing and in accordance with the provisions of section 9-4-81, the Board of Adjustment may the special use permit pursuant to this subsection (QQ) and section 94-82. The modification or revocation of the special use permit by the Board of Adjustment after the hearing shall constitute a revocation of the previously granted special use permit for a microbrewery.

(e) Other remedies. The requirements and standards set forth in this subsection (QQ) are in addition to other available remedies and nothing herein shall prohibit the enforcement of applicable codes, ordinances and regulations as provided by law.

(7) Malt beverages produced for retail sales for on-premises and off-premises consumption shall comply with ABC permit requirements set forth in G.S. 18B-1001 as amended and issuance of on-premises malt beverage permit for breweries as authorized by G.S. 18B-1104 as amended and all other laws pursuant to G.S. 18B as amended.

(8) Litter/debris. The owner(s) and operator(s) of a microbrewery shall collect and properly dispose of all litter and debris generated by their establishment or patrons immediately following the closure of business or not later than 7:00 a.m. each morning following any period of operation. All litter or debris shall be collected from within the boundaries of the establishment, associated parking areas, adjacent sidewalks and public rights-of-way or other adjacent public property open to the public. In addition, the owner(s) and operator(s) of a microbrewery shall comply with the provisions of Title 11, Chapter 9 of the City Code.

(9) In addition to subsection (QQ)(8) above, the Board of Adjustment may establish specific and reasonable litter and trash mitigation standards or requirements.

(10) Ownership and/or permit holder. The special use permit shall be issued to the property owner as listed on the tax records of the county or to the person/entity that has been authorized by the property owner via the special use permit application, herein referred to as the permit holder. When the ownership of any property, which has a special use permit for a microbrewery is transferred to a new owner by sale or other means, the new owner shall sign and file with the office of the Director of Planning and Development Services an acknowledgment of the rights, conditions and responsibilities of the special use permit prior to operation of the use under the permit. The acknowledgment shall be made on forms provided by the planning office.

(11) Any microbrewery that has been issued a special use permit by the Board of Adjustment shall continue under the terms and conditions of the issued special use permit unless there is a modification or a revocation.

(12) A bar may add, subject to an approved special use permit, a state ABC permit and a local beer and wine license, if required, a microbrewery operation as an accessory use provided it complies with the following:

(a) The area of the bar devoted to operating the brewing equipment shall not exceed 49% of the area of the bar including the area devoted to the operating the brewing equipment.

(RR) Live performance theater (see also section 9-4-22).

(1) Events and/or banquets must be ticketed or free of charge to participants. No cover charges can be required for events.

(2) The following ticketed events shall be permitted: concerts, plays, motion pictures operas, musicals, ballets, other forms of modern dance.

(3) As an accessory use the facility may host private banquets and meetings.

(4) The following activities shall not be permitted at the theater: televised events, disc jockey-based events, dance parties, raves, house music-based events, outdoor events or outdoor amplified music.

(5) Recorded music events may be held by touring acts provided the same act does not return to the venue more than three times per calendar year. The maximum percentage of recorded music events shall not exceed 30% of total shows held per calendar year.

(6) May have as an ancillary or accessory use a full service bar which is only open to patrons of ticketed events, private banquets or meetings and is limited to operate only during the hours the above listed permitted ticketed events, private banquets or meetings are being held.

(7) The facility shall not operate as a bar as defined by Title Chapter 4, Article B, Section 9-4-22.

(8) Minimum square footage of live performance theaters shall be 7,500 square feet.

(9) The facility shall have a fixed permanent stage platform of 800 square feet minimum.

(10) Accessory retail sales shall be permitted for the sale of theater or event related items.

(11) The portion of the building devoted to live performances may have open or fixed seating.

(12) Closing time shall be no later than 1:00 A.M.

(13) (a) A special use permit for a live performance theater is subject to revocation in accordance with the provisions of this subsection (10). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to rescind or revoke a special use permit for a live performance theater in accordance with the provisions of section 9-4-83.

(b) An annual review shall be conducted by the Director of Planning and Development Services or his or her authorized representative of a live performance theater which has received a special use permit for the purpose of determining and ensuring compliance with applicable laws, codes and ordinances, including but not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. The findings of the Director of Planning and Development Services or his or her authorized representative as a result of this annual review shall be compiled in a written staff report.

(c) At a meeting of the Board of Adjustment, the Director of Planning and Development Services or his or her authorized representative shall present to the Board of Adjustment the staff report of a live performance theater for which the annual review includes a finding of one or more instances of noncompliance with applicable laws, codes and ordinances, including but not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. The special use permit holder shall be provided notice of the meeting and a copy of the staff report.

(d) Based on the staff report, the Board of Adjustment, by a majority vote, may either determine that a rehearing is not required for the special use permit or order a rehearing on the special use permit.

1. An order for a rehearing shall be based upon a determination by the Board of Adjustment that either:

a. The use of the property is inconsistent with the approved application;

b. The use is not in full compliance with all specific requirements set out in this chapter;

c. The use is not compliant with the specific criteria established for the issuance of a special use permit including conditions and specifications, health and safety, detriment to public welfare, existing uses detrimental, injury to properties or improvements, and nuisance or hazard; or

d. The use is not compliant with any additional conditions of approval established by the Board and set out in the order granting the permit.

2. The rehearing shall be in the nature of and in accordance with the requirements for a hearing upon a special use permit application. After the rehearing and in accordance with the provisions of section 9-4-81, the Board of Adjustment may grant a special use permit with conditions imposed pursuant to this subsection (RR) and section 9-482 or deny the special use permit. The grant or denial of the special use permit by the Board of Adjustment after the rehearing shall constitute a revocation of the previously granted special use permit for a live performance theater.

(e) The requirements and standards set forth in this subsection (RR)(10) are in addition to other available remedies and nothing herein shall prohibit the enforcement of applicable codes, ordinances and regulations as provided by law.

(SS) Wine, beer and keg stores (see also section 9-4-22).

(1) A wine and beer store that also has the requisite state permit(s) that allows retail sales of wine and malt beverages for on-premises consumption, in accordance with G.S. Chapter 18B as amended, may sell wine and malt beverages for consumption on the premises, provided that the on-premises consumption of wine and malt beverages constitutes an accessory and incidental use to the primary retail use of the wine and beer store.

(2) For purposes of this section, on-premises consumption of unfortified wine is allowed provided the sale of wine for consumption on the premises does not exceed 40% of the wine store's total sales including both on-premises and off-premises consumption for any 30-day period. The term "sale(s)" means any transfer, trade, exchange, or barter, in any manner or by any means, for consideration.

(3) In addition to compliance with the noise control standards in Title 5, Chapter 5 of the City Code, exterior guest areas shall not have amplified sound equipment within 150 feet from any residential use as measured from the property line of the residential use to the exterior area where the speaker equipment is located.

(4) (a) Annual review. A special use permit for a wine and beer store is subject to annual review in accordance with the provisions of this subsection (SS)(4). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to modify or revoke a special use permit for a wine and beer store in accordance with the provisions of section 9-4-83.

(b) Reporting. At the regular January meeting of the Board of Adjustment, the Director of Planning and Development Services or their authorized representative shall present to the Board of Adjustment a written staff report of any violation citations that has been issued for which the annual review shall include a finding of one or more instances of noncompliance with applicable laws, codes and ordinances, including but not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. If the Board of Adjustment votes to hold a modification or revocation of the special use permit, the property owner and permit holder, if applicable, shall be provided notice of the meeting and a copy of the staff report.

(c) Noncompliance; and modification or revocation. Staff may request for the Board of Adjustment to hold a hearing for a modification or revocation of a special use permit for any establishment that has enforcement actions for numerous violations citations of one or more instances of noncompliance with applicable laws, codes and ordinances including notices of violation and/or numerous calls for service from City departments such as Police, Fire, Public Works, or Planning & Development Services, not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, notices of violations and special use permit conditions at any time. The property owner and permit holder, if applicable, shall be provided notice of the meeting and a copy of the staff report.

(d) Quasi-judicial hearing. Any hearing for a modification or revocation of a special use permit shall be in the nature of and in accordance with the requirements for a hearing upon a special use permit application. After the hearing and in accordance with the provisions of section 9-4-81, the Board of Adjustment may grant or deny the special use permit pursuant to this subsection (SS)(4)(d) and section 9-4-82. The modification or revocation of the special use permit by the Board of Adjustment after the hearing shall constitute a revocation of the previously granted special use permit for a wine and beer store.

(e) Other remedies. The requirements and standards set forth in this Section (SS) are in addition to other available remedies and nothing herein shall prohibit the enforcement of applicable codes, ordinances and regulations as provided by law.

(5) Litter/Debris. The owner(s) and operator(s) of a wine and beer store shall collect and properly dispose of all litter and debris generated by their establishment or patrons immediately following the closure of business or not later than 7:00 a.m. each morning following any period of operation. All litter or debris shall be collected from within the boundaries of the establishment, associated parking areas, adjacent sidewalks and public rights-of-way or other adjacent public property open to the public. In addition, the owner(s) and operator(s) of a wine and beer store shall comply with the provisions of Title 11, Chapter 9 of the City Code.

(6) In addition to subsection (SS)(5) above, the Board of Adjustment may establish specific and reasonable litter and trash mitigation standards or requirements.

(7) Ownership and/or permit holder. The special use permit shall be issued to the property owner as listed on the tax records of the county or to the person/entity that has been authorized by the property owner via the special use permit application, herein referred to as the permit holder. When the ownership of any property, which has a special use permit for a wine and beer store, is transferred to a new owner by sale or other means, the new owner shall sign and file with the office of the Director of Planning and Development Services an acknowledgment of the rights, conditions and responsibilities of the special use permit prior to operation of the use under the permit. The acknowledgment shall be made on forms provided by the planning office.

(8) Any wine and beer store that has been issued a special use permit by the Board of Adjustment shall continue under the terms and conditions of the issued special use permit unless there is a modification or a revocation.

(9) The provisions of this section shall apply to all wine and beer stores whether operated as a principal or accessory use.

(TT) Temporary sand mining (see also section 9-4-22).

(1) No excavation shall occur closer than 100 feet to an adjacent residential dwelling.

(2) A 50 foot buffer (minimum) shall be maintained between the mining activity and adjacent property lines.

(3) The borrow site shall be directly related to a designated and approved NC Department of Transportation (NCDOT) highway construction project.

(4) The duration of the borrow material excavation and use of the borrow site for excavation shall be limited to the completion of the NCDOT highway construction project.

(5) Upon completion of the NCDOT highway construction project, the borrow site shall be reclaimed in accordance with NCDOT requirements, and shall result in the creation of a recreational water body (lake or pond).

(6) The borrow site shall have direct access to a primary highway and that highway shall be utilized for the transport of borrow materials from the excavation area in order to minimize the use of secondary roads or residential streets for this purpose.

(7) No blasting shall be permitted in conjunction with the borrow material excavation or borrow site.

(8) Any dust or other airborne emissions shall be minimized from the borrow material excavation and excavation area, whether at the borrow site or during transport of borrow materials over the haul route from the site in accordance with NCDOT regulations.

(9) All loads of borrow material shall be covered when leaving the borrow site for transport over roadways.

(10) All trucks used for transport of borrow material from the excavation site shall be registered, licensed and meet emissions standards for the State of North Carolina.

(11) A gravel construction entrance shall be installed and maintained at the borrow site to prevent the tracking of borrow materials onto the roadways from the site, in accordance with NCDOT regulations.

(12) Hours of operation at the borrow site shall be limited to 6:30 a.m. to 7:30 p.m. Monday through Saturday.

(13) In order to protect the integrity and safety of roadways, trucks leaving the borrow site shall comply with all weight and load requirements for North Carolina roadways.

(14) A six-foot earthen berm shall be installed and maintained in the excavation buffer area where no naturally wooded or vegetative screening exists between the borrow site and adjacent residential uses. This berm may be removed at the conclusion of the borrow site activity.

(UU) Microdistillery (see also section 9-4-22).

(1) The principal use is the production of spirituous liquor for retail sales for on-premises and off-premises consumption in accordance with ABC permit requirements set forth in G.S. 18B1001 as amended and issuance of on-premises spirituous liquor permit for distilleries as authorized by G.S. 18B-1105 as amended and all other laws pursuant to G.S. l8B as amended.

(2) Accessory uses may include and be limited only to: retail sales; food and beverage consumption; entertainment; games; a tasting room; event room; and loading area.

(3) The portion of the building devoted to operating distilling equipment shall not exceed 5,000 square feet.

(4) A minimum of 30% of the microdistillery's floor area shall have operating distilling equipment that produces spirituous liquor for retail sales. This percentage shall be satisfied at the time a Certificate of Occupancy inspection is conducted and shall be maintained thereafter.

(6) (a) Annual review. A special use permit for a microdistillery is subject to annual review in accordance with the provisions of this subsection (UU)(6). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to modify, rescind or revoke a special use permit for a microbrewery in accordance with the provisions of section 9-4-83.

(b) Reporting. At the regular January meeting of the Board of Adjustment, the Director of Planning and Development Services or their authorized representative shall present to the Board of Adjustment a written staff report of any violation that has been issued for which the annual review shall include a finding of one or more instances of noncompliance with applicable laws, codes and ordinances, including but not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. If the Board of Adjustment votes to hold a modification or revocation of the special use permit, the property owner and permit holder, if applicable, as specified under subsection (UU)(10) below, shall be provided notice of the meeting and a copy of the staff report.

(c) Noncompliance; and modification or revocation. Staff may request for the Board of Adjustment to hold a hearing for a modification or revocation of a special use permit for any establishment that has enforcement actions for numerous violations of one or more instances of noncompliance with applicable laws, codes and ordinances including Notices of Violation and/or numerous calls for service from City departments such as Police, Fire, Public Works, or Planning & Development Services, not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, notices of violations and special use permit conditions at any time. The property owner, and permit holder, if applicable, as specified under subsection (UU)(10) below, shall be provided notice of the meeting and a copy of the staff report.

(d) Quasi-judicial hearing. Any hearing for a modification or revocation of a special use permit shall be in the nature of and in accordance with the requirements for a hearing upon a special use permit application. After the hearing and in accordance with the provisions of section 9-4-81, the Board of Adjustment may the special use permit pursuant to this subsection (UU) and section 9-4-82. The modification or revocation of the special use permit by the Board of Adjustment after the hearing shall constitute a revocation of the previously granted special use permit for a microdistillery.

(e) Other remedies. The requirements and standards set forth in this subsection (UU) are in addition to other available remedies and nothing herein shall prohibit the enforcement of applicable codes, ordinances and regulations as provided by law.

(7) Spirituous liquor produced for retail sales for on-premises and off-premises consumption shall comply with ABC permit requirements set forth in G.S. 18B-1001 as amended and issuance of on-premises spirituous liquor permit for distilleries as authorized by G.S. 18B-1105 as amended and all other laws pursuant to G.S.18B as amended.

(9) In addition to subsection (UU)(8) above, the Board of Adjustment may establish specific and reasonable litter and trash mitigation standards or requirements.

(10) Ownership and/or permit holder. The special use permit shall be issued to the property owner as listed on the tax records of the county or to the person/entity that has been authorized by the property owner via the special use permit application, herein referred to as the permit holder. When the ownership of any property, which has a special use permit for a microdistillery is transferred to a new owner by sale or other means, the new owner shall sign and file with the office of the Director of Planning and Development Services an acknowledgment of the rights, conditions and responsibilities of the special use permit prior to operation of the use under the permit. The acknowledgment shall be made on forms provided by the planning office.

(11) Any microdistillery that has been issued a special use permit by the Board of Adjustment shall continue under the terms and conditions of the issued special use permit unless there is a modification or a revocation.

(12) A bar may add, subject to an approved special use permit, a state ABC permit, and a local beer and wine license, if required, a microdistillery operation as an accessory use provided it complies with the following:

(a) The area of the bar devoted to operating the distilling equipment shall not exceed 49% of the area of the bar including the area devoted to the operating the distilling equipment.

(VV) Bar 2022.

(1) (a) Annual review. A special use permit for a bar 2022 is subject to annual review in accordance with the provisions of this section (VV). Nothing herein shall prohibit or restrict the authority of the Board of Adjustment to modify, rescind or revoke a special use permit for a bar 2022 in accordance with the provisions of section 9-4-83.

(b) Control of premises. It shall be unlawful for any permit holder to relinquish control of a bar 2022 to any person except an on-site manager. The permit holder or an on-site manager must remain on and in control of the premises during all events, including private parties.

(c) Reporting. At the regular January meeting of the Board of Adjustment, the Director of Planning and Development Services or their authorized representative shall present to the Board of Adjustment a written staff report of any violation that has been issued for which the annual review shall include a finding of one or more instances of noncompliance with applicable laws, codes and ordinances, including but not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions of approval. If the Board of Adjustment votes to hold a modification or revocation of the special use permit, the property owner, as specified under subsection (VV)(4) below, shall be provided notice of the meeting and a copy of the staff report.

(d) Violations. The following tables show public safety and public nuisance violations based on the applicable city department, and are not exhaustive of all potential violations of this Chapter.

Public Safety Violations

Table 1: Greenville Police Public Safety Violations Major Violations
Major Violations	Minor Violations
Aggravated Assault (to include shootings, stabbings, violent assaults resulting in significant injury, employee assaulting patron with significant injury)	Sale of Alcohol to Minors by Outlet Staff
Sexual Assaults	Minor Altercations (fights-little or no injury, verbal disputes requiring police intervention)
Security Neglect	ALE/ABC issues
Prostitution	Security Violation (Minor)
Negligent service of alcohol resulting in severe injury or death	Negligent service of alcohol resulting in injury to persons or property; no injury/treatment required by medical personnel/facility
Selling drugs on premises	Noise Violations
	Other Nuisance Violations

Table 2: Greenville Fire/Rescue/Building Code Public Safety Violations
Major Violations	Minor Violations
Blocked egress or exit that is inoperable/ Inadequate means of egress	Exit sign not working properly
Fire protection system impairment including sprinkler/fire alarm	Emergency lighting not working properly
Illegal/unapproved use of pyrotechnics	Fire extinguishers expired or not working properly
Installation of unapproved wall coverings that promote flame spread	Misuse of extension cords
Hazardous conditions prone to cause fire	Damaged electrical outlets
Bad condition of walls	Unapproved construction or modification to existing space (potentially major if significant change as determined Fire Marshal)
Overloaded floors	Failure to complete required staff training
Defective construction
Decay
Unsafe wiring or heating systems

Table 3: Public Nuisance Violations
Violation	Responsible Department
Noise	GPD
Trash and debris	PDS
Lack of required security personnel on-site	GPD, PDS
Other minor SUP violation	GPD, FR, PDS
Non-life safety building/fire/zoning violations	FR, PDS
Lack of permit holder or on-site manager on the premises	GPD, PDS

(e) Continuing violations. If a violation of this article is not corrected within the time specified in the notice and citation or other lawful order issued hereunder, the violator shall be guilty of a new and separate violation, and each day's further continuing violation shall be a separate and distinct violation, enforceable by all the remedies herein set forth, including additional civil penalties.

(f) Compliance. Bar 2022s that have not received any violations of one or more instances of noncompliance with applicable laws, codes and ordinances, including but not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, and special use permit conditions may be recommended for renewal by the Director of Planning and Development Services or their representative to the Board of Adjustment at the annual review.

(g) Noncompliance; modification or revocation. Staff may request the Board of Adjustment hold a hearing for a modification or revocation of a special use permit for any establishment that has enforcement actions for numerous violations of one or more instances of noncompliance with applicable laws, codes and ordinances including notices of violation and/or numerous calls for service from city departments such as Police, Fire, Public Works, or Planning & Development Services, not limited to noise regulations, litter control regulations, fire codes, building codes, nuisance and public safety regulations, notices of violations and special use permit conditions at any time. The property owner, as specified under subsection (VV)(4), below shall be provided notice of the meeting and a copy of the staff report.

(h) Quasi-judicial hearing. Any hearing for a modification or revocation of a special use permit shall be in the nature of and in accordance with the requirements for a hearing upon a special use permit application. After the hearing and in accordance with the provisions of section 9-4-81, the Board of Adjustment may modify the conditions or revoke a special use permit pursuant to this section (VV) and section 9-4-82. The modification or revocation of the special use permit by the Board of Adjustment after the hearing shall constitute a revocation of the previously granted special use permit for a bar 2022.

(i) Revocation. If a special use permit is revoked for any reason, use of the property allowed by such special use permit shall be discontinued immediately.

(2) Litter/debris. The owner(s) and/or operator(s) of a bar 2022 shall collect and properly dispose of all litter and debris generated by their establishment or patrons immediately following the closure of business or not later than 7:00 a.m. each morning following any period of operation. All litter or debris shall be collected from within the boundaries of the establishment, associated parking areas, adjacent sidewalks and public rights-of-way or other adjacent public property open to the public. In addition, the owner(s) and operator(s) of a bar shall comply with the provisions of Title 11, Chapter 9 of the City Code, whether or not the establishment is a nightclub, bar or tavern.

(3) In addition to subsection (f) above, the Board of Adjustment may establish specific and reasonable litter and trash mitigation standards or requirements.

(4) Ownership. The special use permit shall be issued to the property owner as listed on the tax records of the county. When the ownership of any property, which has a special use permit for a bar 2022, is transferred to a new owner by sale or other means, the new owner shall sign and file with the Director of Planning and Development Services an acknowledgment of the rights, conditions and responsibilities of the special use permit prior to operation of the use under the permit. The acknowledgment shall be made on forms provided by the planning office.

(5) Noise-amplified entertainment. In no event shall the noise generated by amplified audio entertainment exceed the noise control provisions as provided in Title 12, Chapter 5, of the Greenville City Code. For purposes of this section, “amplified audio entertainment” shall mean any type of music or other entertainment delivered through and by an electronic system; provided, however, televisions operating with no amplification other than their internal speakers or televisions connected to a master sound system operating at low amplification and indoor background music system operating at a low amplification and not intended as a principal form of entertainment shall not be deemed amplified audio entertainment. This section shall apply regardless of the number of patrons actually within the establishment at the time of amplified audio entertainment. Security personnel shall remain on duty until the close of business and later to such time that all patrons and other persons, other than employees, have vacated the premises and associated parking area.

(6) If amplified entertainment is provided after 11:00 p.m., the establishment shall employ uniformed security guard(s) provided by a security guard and control profession licensed in accordance with the provisions of G.S. Chapter 74C in the following ratios:

Approved occupancy as determined by the Building Inspector	Number of Security Personnel
1-100	1
101-200	2
201-300	3
301-400	4
401-500	5

If occupancy exceeds 500, the same ratios shall apply as in the above table.

Establishments that have an approved occupancy of no more than 100 and provide amplified entertainment after 11PM, shall employ no less than 2 security guards in order for one guard to be located within the establishment and one guard to patrol the parking lot where applicable.

(7) Security plan. A security plan shall be submitted to the Greenville Police Department for review and approval along with the special use permit application. Additional security personnel maybe required at the discretion of the Chief of Police based on location, proximity to similar uses, such as bars and other bar 2022s, and building occupancy. The required security personnel shall remain on duty and visible outside the establishment, and shall be accessible to law enforcement officers at all time. This section shall apply regardless of the number of patrons actually within the establishment at the time of amplified audio entertainment.

(8) Lighting plan. A lighting plan shall be submitted to the Director of Planning and Development Services or authorized agent for review and approval, and lighting fixtures shall be installed and maintained pursuant to the approved plan which illuminates all exterior portions of the building, lot area and parking lot as determined appropriate by the Director of Planning and Development Services, or authorized agent. Lighting shall be located and shielded to prevent the light cone of all exterior fixtures from encroaching beyond the property boundary line and into any adjacent public right-of-way, property or dwelling. Required or additional optional lighting shall comply with this subsection and section 9-4-104. A lighting plan will only be required when parking is located on private property.

(9) Parking. Shall be exempt of parking requirements in Article O in the Uptown District Area. Article O Parking standards apply in all areas except the Uptown District Area.

(10) Shall use computer applications and software to detect fake identification (IDs).

(11) Shall comply with all current building codes and safety standards.

(12) Within the geographic areas as described in the definition of a Bar 2022(h), there is no separation between a bar 2022 and any other use or zoning district.

(13) Shall only be granted one special use permit for the operation of one Bar 2022 per parcel and/or building regardless of available units, suites, or square footage within the building.

(14) Penalties.

(a) Any violation of the provisions of this chapter or a failure to comply with any of its requirements shall subject the violator to a civil penalty as follows:

Type of Violation	First Day	Second Day/ Second Violation within 12 Months	Third Day/ Second Violation within 12 Months
Major Violation	$500	$1,000	$2,000
Minor Violation	$250	$500	$1,000

(b) Payment. Violators shall be issued a citation which must be paid within 72 hours. If a person fails to pay the civil penalty within 72 hours, the city may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.

(c) Other rmedies. In addition to the issuance of a notice of violation, citation, or some other order, the modification or revocation of a Bar 2022 special use permit, or imposition of civil penalties, any person who violates this article may be subject to any and all civil and equitable remedies set out in G.S. § 160A-175 and G.S. § 160D-404(c) in a court of competent jurisdiction.

(d) Continuing violations. Each day that any violation continues shall be considered a separate violation for purposes of the penalties and remedies specified in this section. Notwithstanding the foregoing, the Zoning Enforcement Officer may invoke the escalating civil penalties authorized by subsection (a) whenever the violation continues and there has been sufficient time, no more than 72 hours, for the violation to be corrected after notification that the violation exists or whenever the violation has occurred previously during a 12-month period.

(e) Cumulative penalties and remedies. Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter.

(f) Interested parties. The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(15) Appeals.

(a) Appeals of Zoning Enforcement violations shall be made to the Board of Adjustment in accordance with 9-4-351 and shall be submitted to the City Clerk within 30 days of issuance of Notice of Violation.

(b) Appeals from Greenville Police Department, Fire/Rescue and Public Nuisance violations shall be in accordance with standards and policies of the appropriate department.

(Ord. No. 2383, § 4, passed 11-7-1991; Ord. No. 2390, § 4, passed 12-12-1991; Ord. No. 2417, § 3, passed 2-10-1992; Ord. No. 2511, § 1, passed 8-24-1992; Ord. No. 2541, § 1, passed 11-12-1992; Ord. No. 2544, § 3, passed 11-12-1992; Ord. No. 2545, § 3, passed 11-12-1992; Ord. No. 2701, § 3, passed 8-12-1993; Ord. No. 94-132, § 13, passed 10-13-1994; Ord. No. 97-38, § 5, passed 4-10-1997; Ord. No. 97-85, § 1, passed 8-14-1997; Ord. No. 97-88, § 3, passed 8-14-1997; Ord. No. 98-143, § 4, passed 11-12-1998; Ord. No. 00-66, § 1, passed 5-11-2000; Ord. No. 03-49, § 2, passed 6-12-2003; Ord. No. 03-49, § 14, passed 6-12-2003; Ord. No. 05-89, § 7, passed 8-11-2005; Ord. No. 05-90, § 1, passed 8-11-2005; Ord. No. 07-25, § 3, passed 2-8-2007; Ord. No. 07-74, § 3, passed 6-14-2007; Ord. No. 07-121, § 2, passed 9-13-2007; Ord. No. 08-04, § 5, passed 1-10-2008; Ord. No. 09-27, § 8, passed 4-9-2009; Ord. No. 09-59, § 1, passed 8-13-2009; Ord. No. 09-75, § 4, passed 9-10-2009; Ord. No. 10-106, § 5, passed 12-9-2010; Ord. No. 13-014, § 4, passed 4-11-2013; Ord. No. 14-010, passed 2-13-2014; Ord. No. 14-048, 3, passed 8-14-2014; Ord. No. 15-020, § 3, passed 4-9- 2015; Ord. No. 15-041, § 4, passed 8-13-2015; Ord. No. 15-051, § 3, passed 9-10-2015; Ord. No. 15-059, § 4, passed 10-8-2015; Ord. No. 15-067, § 1, passed 12-10-2015; Ord. No. 16-010, § 3, passed 2-11-2016; Ord. No. 19-045, § 1, passed 9-12-2019 ; Ord. No. 20-064, § 3, passed 11-16-2020; Ord. No. 22-013, § 5, passed 1-24-2022; Ord. No. 23-012, § 4, passed 1-12-2023; Ord. No. 23-013, §§ 4, 7, 9, 10, passed 1-12-2023; Ord. No. 23-013, §§ 4, 7, 9, 10, passed 1-12-2023; Ord. No. 23-060, §§ 1, 2, passed 8-10-2023; Ord. No. 23-061, § 3, passed 8-10-2023)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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