(A) Church or place of worship. Shall be subject to the bufferyard regulations; however, no principal or accessory structure shall be located within 20 feet of any adjoining property zoned R-6, R-6A, R-6MH, R-6S, R-9, R-9S, R-15S, MR, MRS, RA-20 or PUD.
(B) Schools; public and private. Shall be subject to the bufferyard regulations; however, no principal or accessory building shall be located within 50 feet of any adjoining property or public street right-of-way line.
(C) Municipal government building or use. When municipal buildings, parks or other recreational areas to be used for athletic events or night programs are located in a residential zone or adjoining a lot containing a permitted residential use, a legislative hearing shall be properly advertised and conducted before the City Council for the purposes of hearing and considering any comments by the public as to the location under consideration.
(D) Family care home.
(1) For purposes of this section, a family care home shall be as defined herein.
(2) Family care homes shall be deemed a residential use of property and shall be permissible in all residential districts subject to subsection (D)(3) below.
(3) No family care home shall be permitted within a one-fourth-mile (1,320 foot) radius of an existing family care home as measured from the nearest lot line.
(4) The Board of Adjustment may grant a reasonable accommodation to the one-fourth-mile (1,320 foot) separation requirement established by subsection (D)(3) above in accordance with the provisions of this subsection in order to allow for a reasonable accommodation under the Federal Fair Housing Act.
(a) The Board of Adjustment shall grant a reasonable accommodation under the Federal Fair Housing Act to the one-fourth-mile (1,320 foot) separation requirement established by subsection (D)(3) above if the Board finds from the evidence produced that the proposed accommodation is reasonable and necessary.
1. Reasonable. Factors which may be considered to determine whether an accommodation is reasonable include but are not limited to the following:
a. The legitimate purposes and effects of existing zoning regulations are not undermined by the accommodation;
b. The benefits that the accommodation provides to individuals with disabilities;
c. Alternatives to the accommodation do not exist which accomplish the benefits more efficiently; and
d. A significant financial and administrative burden is not imposed by the accommodation upon the city.
2. Necessary. Factors which may be considered to determine whether an accommodation is necessary include but are not limited to the following:
a. Direct or meaningful amelioration of the effects of the particular disability or handicap is provided by the accommodation; and
b. Individuals with disabilities are afforded by the accommodation equal opportunity to enjoy and use housing in residential neighborhoods.
(b) The procedures governing the consideration of a special use as established by state law and the rules of procedure of the Board of Adjustment shall apply to the consideration of a reasonable accommodation under the Federal Fair Housing Act to the one-fourth-mile (1,320 foot) separation requirement established by subsection (D)(3) above. In determining whether to grant a reasonable accommodation under the Federal Fair Housing Act to the one-fourth-mile (1,320 foot) separation requirement established by subsection (D)(3) above, the general criteria set forth in section 9-4-81 may be considered when determining whether the accommodation is reasonable and necessary in accordance with subsection (D)(4)(a) above.
(c) In granting a reasonable accommodation under the Federal Fair Housing Act to the one-fourth-mile (1,320 foot) separation requirement established by subsection (D)(3) above, the Board of Adjustment may prescribe appropriate conditions and safeguards to ensure the purposes of this chapter.
(E) Bona fide farms.
(1) Buildings and structures shall meet the minimum standards for the applicable district. Bona fide farm buildings and structures located in a residential district shall meet applicable single-family dwelling standards.
(2) Agricultural cultivation shall be exempt from any required setbacks, provided no structures are required or utilized within the setbacks listed under subsection (E)(1) above.
(3) Bufferyard vegetation standards shall not apply to any bona fide farm.
(F) Temporary field office.
(1) Shall be limited to 90 days; however, applicable permits may be renewed as necessary.
(2) No living quarters shall be allowed.
(3) May only be utilized in conjunction with construction activity.
(G) Condominium (unit ownership) and townhouse type development. Attached residential and nonresidential units constructed for individual owner occupancy shall be subject to the following:
(1) Interior units of each structure may be constructed on common property lines (zero lot line setbacks) provided the overall structure meets the side, rear and public or private street setback for the applicable use and district. If there is an offset of the wall from the interior common lot line the offset shall be set back not less than five feet.
(2) No two units shall be considered attached unless the units share a five-foot common party wall.
(3) Common party walls shall be constructed in accordance with the North Carolina State Building Code, G.S. Chapter 47C (the North Carolina Condominium Act) and other applicable requirements.
(4) The overall density of the development shall be no greater than that permitted by applicable district requirements.
(5) The maximum lot coverage for the district shall apply to the development.
(6) Buildings, units or lots separated by a public street right-of-way shall be considered individually for compliance under subsections (G)(4) and (5) above.
(7) In the case of staggered or extended common property line walls, a five-foot maintenance and access easement with a maximum two-foot eave encroachment easement within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall for normal maintenance. Designated common area which satisfies such access shall meet the requirements of this section.
(8) The minimum lot width of each townhouse lot shall be no less than 16 feet, provided that when the lot is combined with other contiguous lots within the development the combined lot widths are equal to or exceed the minimum lot width of the prevailing district for the particular use. Townhouse lots having preliminary or final subdivision plat approval prior to April 9, 1981 may have a minimum lot width of 14 feet.
(9) All development regulated in accordance with this section shall be subject to the requirements, conditions and restrictions of the subdivision regulations.
(H) Circus, carnival or fairs; temporary only.
(1) The maximum frequency of such temporary use shall not exceed one occurrence within any 12-month period and the maximum duration of the temporary use shall not exceed ten days per occurrence.
(2) No associated activity or storage area, temporary structure, tent, booth, stand, mechanical ride or apparatus or the like shall be located or operated within 500 feet of any residential zoning district.
(3) No such use shall be operated or conducted between the hours of 11:00 p.m. and 8:00 a.m.
(4) Such use shall be subject to applicable setback, parking space requirements and other standards for the district and use; however, the use shall be exempt from the vegetation and parking lot surface improvement standards.
(5) No permanent building, structure or facility shall be located on any lot for the exclusive purpose of operating any temporary use.
(6) Signage shall be allowed in accordance with Article N.
(7) Prior to any operation, a site plan of sufficient detail to ensure compliance with required standards shall be submitted to the city for review and approval of the temporary use.
(I) Satellite dish antennas.
(1) Purpose. It is the purpose of this section to allow the use of satellite dish antennas in both residential and nonresidential districts in a manner which will best provide and ensure:
(a) The health, safety and welfare of the people by ensuring adequate line of sight clearance of the motoring public and adequate light and air to adjacent properties; and
(b) That the aesthetic quality of the city and environs is maintained by minimizing visual obstruction to streetscapes and vistas to and from adjacent properties.
(2) Satellite dish antenna standards.
(a) Sight distance area observed. No satellite dish antenna regardless of size (diameter) and district shall be located within any street sight distance area as described and defined under Title 6, Chapter 2 of the Greenville City Code, whether or not the area has been dedicated by easement or notation on any plat or plan. For purposes of this section all private streets and/or driveways shall be construed as nonthoroughfare streets.
(b) Satellite dish antenna standards; residential districts specifically. (See also subsections (I)(2)(d) and (e).)
1. Location.
a. Except as otherwise provided, dish antennas may be located in the rear yard and shall not be located in any front or side yard.
b. Dish antennas which exceed 80 inches in diameter shall be prohibited from roof tops.
2. Setbacks.
a. Not less than the principal building setback for the district, except as otherwise provided.
b. Dish antennas which exceed 80 inches in diameter shall be prohibited from roof tops.
3. Height.
a. Except as otherwise provided under subsection (I)(2)(b)3.b. below, the height of any dish antenna shall not exceed the height of the existing principal building or district maximum height, whichever is less.
b. In cases where the provisions of this subsection will not allow a dish antenna of at least 15 feet in height, then the requirements of this subsection shall be waived to allow a dish antenna of 15 feet or less in height at the option of the owner. All other provisions of this section shall apply.
(c) Satellite dish antenna standards; nonresidential districts specifically. (See also subsections (I)(2)(d) and (e).) Except as otherwise provided, the location, setback and height of any dish antenna shall be in accordance with the district minimum established for the principal use and per Article G.
(d) Exemptions.
1. Residential districts. Except as otherwise provided under subsection (I)(2)(e) below, within any residential district any dish antenna that is 40 inches or less in diameter shall be exempt from the requirements set forth under subsection (I)(2)(b) above.
2. Nonresidential districts. Except as otherwise provided under subsection (I)(2)(e) below, within any nonresidential district any satellite dish antenna that is 80 inches or less in diameter shall be exempt from the requirements set forth under subsection (I)(2)(c) above.
(e) Historic districts and historic property and/or landmark application.
1. a. Within any Historic District (HD) Overlay District and/or for any individually designated historic property and/or landmark, no dish antenna shall be located except in conformance with this section and the applicable requirements set forth under Title 9, Chapter 7, Historic Preservation Commission, of the City Code and associated Design Standards Handbook, City of Greenville Historic Preservation Commission; and
b. No dish antenna regardless of size (diameter) shall be erected in any front yard, side yard or public street setback area unless the owner by competent and accepted engineering analysis certifies and demonstrates to the Historic Preservation Commission that reception will be materially limited due to compliance with this section and that there is no available location at the rear of the principal structure and outside any front yard, side yard or public street setback area where service can be obtained; and
c. Where application of this section imposes additional minimal costs on the erection of any dish antenna, the additional minimal costs shall not be construed as a limit on any alternate available location for obtaining service.
2. The Historic Preservation Commission may seek the advice of any competent authority concerning the accuracy and sufficiency of any engineering analysis submitted for consideration under this section.
(J) Stables and/or kennels.
(1) Shall be located no closer than 100 feet to any existing dwelling or residential district; and
(2) Shall otherwise meet the minimum dimensional standards and setbacks within the applicable district, except as provided under subsection (J)(1) above.
(K) Hotel, motel, bed and breakfast inn.
(1) In addition to the specific requirements listed below under subsections (K)(2) and (3), all hotel, motel, bed and breakfast inns including both limited and extended stay lodging facilities shall be subject to the following requirements:
(a) No lodging unit shall be occupied by more than one family. See also definition of family.
(b) The lodging facility shall contain a registration office or area which is staffed 24 hours per day during all periods of operation. A resident manager, supervisor or caretaker shall qualify for purposes of this section.
(c) Housekeeping services shall be provided. Housekeeping services shall include but not be limited to: changing linen, cleaning bathroom and kitchen areas, removal of trash, dusting and vacuuming.
(d) Shall be designed and marketed in a fashion that reflects the intended use for transient lodgers. No person other than an approved resident manager, supervisor or caretaker shall utilize, consider or reference any lodging unit as a secondary or primary place of residence.
(e) The lodging facility may contain restaurants, meeting rooms, indoor recreation facilities, lounges, outdoor swimming pool, entertainment facilities, retail sales of personal accessories for occupants, maid and bell boy service, laundry services, telephone and secretarial services, as accessory uses.
(f) Lodging units which contain cooking facilities must provide a sink which shall be located in the cooking area and shall be in addition to any sink provided for bathroom or bathing purposes.
(g) No lodging unit shall share kitchen or cooking facilities with any other lodging unit.
(2) Limited stay lodging facilities shall be subject to the following additional requirements:
(a) Lodging shall be limited to daily or weekly periods not to exceed 30 continuous days.
(b) Housekeeping services shall be provided on a daily basis.
(c) Not more than 25% of the units may have kitchen and/or cooking facilities.
(3) Extended stay lodging facilities shall be subject to the following additional requirements.
(a) Lodging shall be limited to daily, weekly or monthly periods, not to exceed 90 continuous days.
(b) Housekeeping services shall be provided on a weekly basis or other more frequent period at the option of the owner/operator.
(c) Each extended stay unit may contain kitchen and/or cooking facilities.
(L) Tents.
(1) For purposes of this section, the term “tent” shall be construed to include any temporary shelter, canopy or enclosure of canvas, fabric, plastic film or other stretch material supported and sustained by a pole(s) and/or guy line(s).
(2) Except as otherwise provided, this section shall apply to any commercial, office, institutional, industrial or public assembly activity which utilizes a tent and is conducted as a principal or accessory use regardless of district.
(3) The following shall be exempt from the provisions of this section, provided the tent structure(s) and use thereof comply with all applicable requirements, including but not limited to zoning, building code, fire code and flood damage prevention regulations.
(a) Awnings attached to and supported by a building.
(b) Temporary funeral tents at grave sites.
(c) Temporary noncommercial private special event tents as an accessory activity to a residential dwelling.
(d) Temporary noncommercial recreational camp tents as an accessory activity to a residential dwelling or within an approved campground.
(4) No tent shall be utilized as a permanent principal or accessory structure. Tents shall only be utilized on a limited duration basis in accordance with the following:
(a) Tents that are utilized for principal use purposes shall be subject to the requirements and conditions of a temporary use in accordance with Article B of this chapter.
(b) Tents that are utilized for accessory use purposes shall be subject to all of the following requirements:
1. Not more than one tent shall be displayed on any lot at any one time.
2. No tent shall be erected for more than 30 consecutive days.
3. No lot or establishment shall utilize any tent(s) for more than four separate events within any calendar year.
(c) For purposes of this subsection (L)(4), the term “lot” shall be construed to include all contiguous parcels occupied by an establishment.
(5) Except as otherwise provided, tents shall be setback not less than the principal building setback applicable for the district and in accordance with the bufferyard setback regulations. Support poles, guy lines and stakes may encroach into the street right-of-way setback, provided the encroachments are set back not less than the applicable bufferyard setback.
(6) No tent shall be located within a street sight distance area as defined per Title 6, Chapter 2 of the Greenville City Code.
(7) No tent shall be located so as to obstruct a fire lane; public sidewalk; fire hydrant; building entrance way or emergency exit; public alley; public utility; active driveway, parking lot drive isle or required parking space; garbage/trash container or other area which in the opinion of the Building Inspector would constitute a hazard or danger to the public.
(8) No tent shall be located within a stormwater detention area or structure except as specifically approved by the City Engineer or designee.
(9) No tent shall be located within a floodway as defined per Chapter 6 of this Title.
(10) No tent shall be located within an area of special flood hazard as defined per Chapter 6 of this Title, except as specifically approved by the City Engineer or designee.
(11) All tents shall display a fire retardant certificate approved by the Chief of Fire Rescue or his or her authorized representative.
(12) The proposed use of each separate tent shall be included on the zoning compliance and building permit application. No new use or change of use, other than as specifically approved under the current permit, shall be allowed except upon reapplication and approval.
(13) No tent shall utilize active or mechanical heat and/or air conditioning, electric service and/or artificial lighting or water/wastewater disposal facilities except as specifically approved by the Building Inspector.
(14) All above-grade tent guy line stakes shall be cushioned in a manner approved by the Building Inspector.
(15) All tent support guy lines shall be of a fluorescent color and/or flagged in a manner approved by the Building Inspector.
(16) Tents shall be exempt from and shall not count towards the maximum lot coverage requirement for the district.
(17) Tents and the use thereof shall comply with all applicable fire and building code requirements.
(18) In addition to other requirements, tents utilized for accessory residential purposes shall comply with section 9-4-100 of this article.
(M) Christmas tree sales lot; temporary only.
(1) Such use must qualify as a temporary use per Article B of this chapter.
(2) Christmas tree sales lots located within an OR (Office-Residential) District shall be subject to the following requirements:
(a) No portion of a sales lot shall be located within 100 feet, including public street rights-of-way, of a residential zoning district.
(b) For purposes of this section, the term “sales lot” shall be constructed as any portion of a parcel which is utilized for Christmas tree sales including display areas and related activities and any accessory sales office.
(N) Mobile home.
(1) No mobile home established (new setup) or relocated within the city planning and zoning jurisdiction shall be occupied until the mobile home has been inspected and approved for compliance with the Minimum Housing Code set forth under Title 9, Chapter 1, Article F of the City Code when the Building Inspector makes a finding of noncompliance with the Minimum Housing Code.
(2) Mobile homes shall, upon installation, have either a permanent, continuous masonry foundation, or a continuous and opaque skirt consisting of vinyl, fiberglass or other similar solid nonmetal material. The skirt for a mobile home shall be attached to weather resistant material when required for support.
(O) Restaurant; fast food and/or restaurant; conventional utilizing drive-through services. 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:
(1) The restaurant principal structure shall maintain a public street (front yard) setback not less than the adjoining residential zoning district;
(2) 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;
(3) The maximum height of the restaurant principal and/or accessory structure(s) shall not exceed 35 feet; and
(4) 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 his or her designee, and the requirement 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 his or her designee, substitute for the speaker setback, orientation or 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.
(Ord. No. 06-75, § 1, passed 8-10-2006)
(P) Restaurant, conditional and/or restaurant, fast food; records retention requirement. Records related to the sale of prepared and/or packaged food in a ready-to-consume state and the sale of all other products and services shall be maintained on premises for not less than one year and shall be open for inspection or audit at all reasonable hours during any period of establishment operation by the Zoning Enforcement Officer. The Zoning Enforcement Officer may view the records on the premises of the establishment or may request copies of the written records be delivered to the city. Records of sales of prepared and/or packaged food in a ready-to-consume state and the sale of all other products and services shall be filed separate and apart from all other records maintained on the premises. The requirements of this section shall be for the purpose of determining the portion of sales attributed to the sale of prepared and/or packaged food in a ready-to-consume state. Failure to provide all records required by this section in a timely manner, to be determined by the city, upon written request of the Zoning Enforcement Officer shall constitute a violation of the zoning regulations.
(Ord. No. 09-27, § 10, passed 4-9-2009)
(Q) Television and radio broadcast, cellular telephone, wireless communication towers and distributed antenna systems (DAS).
(1) Towers located within a CG District shall be subject to all of the following requirements:
(a) Shall not exceed 200 feet in height above the adjacent grade, as measured to the highest point, including the support structure and any communication equipment;
(b) Shall be a monopole or other self-supporting structure that does not utilize or require guy-wire or other similar support; and
(c) Co-location of television, radio, cellular telephone or other wireless communication equipment shall be permitted on all tower(s), provided compliance with all requirements.
(2) Towers located within an OR District shall be subject to all of the following requirements:
(a) Shall not exceed 120 feet in height above the adjacent grade, as measured to the highest point, including the support structure and any communication equipment;
(b) Shall be a monopole structure that does not utilize or require guy-wire or other similar support;
(c) Shall be located on a two-acre or larger lot, hereafter referred to as the “parent lot.” A tower lease lot of less than two acres within the two-acre or larger parent lot that includes the tower structure, tower accessory structures, ground level mechanical and/or communication equipment, fencing, landscaping, attendant parking, and drives shall be permitted, provided compliance with all requirements;
(d) No tower shall be located within a 500-foot radius of any other existing or vested tower located in an OR District as measured from the center of the towers;
(e) Except as provided in subsection (Q)(2)(f) of this section, the tower structure shall be set back from all perimeter property lines of the parent lot either a distance equal to the total tower height, or in accordance with the bufferyard regulations, whichever is greater;
(f) The tower structure shall be setback from any residential zoned lot or tract either a distance equal to twice the total tower height, or 200 feet, whichever is greater;
(g) For purposes of subsections (Q)(2)(e) and (f) above, the required setback shall be measured from the outside edge of the base of the tower structure to the nearest property line or zoning boundary line; and
(h) Co-location of television, radio, cellular telephone, or other wireless communication equipment shall be permitted on all tower(s), provided compliance with all requirements.
(3) Towers located within the MCH, MCG, MS, MI, and/or MO Districts shall be subject to all of the following requirements:
(a) Shall not exceed 80 feet in height above the adjacent grade, as measured to the highest point, including the support structure and any communication equipment;
(b) Shall be a monopole structure that does not utilize or require guy-wire or other similar support;
(c) Shall be located on a one-acre or larger lot, hereafter referred to as the “parent lot”. A tower lease lot of less than one-acre within the one-acre or larger parent lot that includes the tower structure, tower accessory structures, ground level mechanical and/or communication equipment, fencing, landscaping, attendant parking, and drives shall be permitted, provided compliance with all requirements;
(d) No tower shall be located within a 500-foot radius of any other existing or vested tower as measured from the center of the towers;
(e) The tower structure shall be setback from any residential zoned lot or tract a distance equal to 75% of the tower height. The required setback shall be measured from the outside edge of the base of the tower structure to the nearest property line or zoning boundary line; and
(f) Co-location of television, radio, cellular telephone, or other wireless communication equipment shall be permitted on all tower(s), provided compliance with all requirements.
(4) Digital antenna systems (DAS) located within right-of-way, on city owned infrastructure, on Greenville Utilities Commission owned infrastructure and/or on city property shall be subject to all of the following requirements even if they are intended to replace existing light poles, utility poles or similar structures or are proposed as free-standing towers. Only the minimal use of the public right-of-way and/or city owned and Greenville Utilities Commission owned infrastructure is allowed because the space in the right-of-way should be reserved for public utilities and should be free of safety hazards. In addition, telecommunications facilities located in the right-of-way and mounted on city owned and Greenville Utilities Commission owned infrastructure have the potential of being very visible to pedestrians and the traveling public. In order to locate in a public right-of-way, the size and visibility of DAS equipment and their support structures must use be minimized. Application and permitting of DAS equipment are subject to review procedures in Title 6, Chapter 2:
(a) DAS located within right-of-way, on city owned infrastructure, on Greenville Utility Commission owned infrastructure, replacing existing power or lights poles owned by the City or Greenville Utilities Commission and/or on city owned property within any district and adjacent to a designated major or minor thoroughfare except within the CD District, shall be subject to all of the following requirements:
1. The height of DAS equipment, including support poles, whether they are replacing existing light posts, are mounted to existing light posts or are freestanding poles shall not exceed 35 feet above grade, including the top of an antenna.
2. Where ground-mounted equipment and support poles are proposed on city owned sidewalks, there must be a minimum of five feet of unobstructed sidewalk remaining for pedestrians to pass by the installation or as determined by the Director of Engineering.
3. The location of DAS equipment and support structures must not restrict sight triangles of pedestrians or motorists to roadway intersections and public or private driveways.
(b) DAS located within right-of-way, on city owned infrastructure, on Greenville Utility Commission owned infrastructure, replacing existing power or lights poles owned by the City or Greenville Utilities Commission and/or on city owned property within the CD District, shall be subject to all of the following requirements:
1. The height of DAS equipment, including support poles, whether they are replacing existing light posts, are mounted to existing light posts or are freestanding poles shall not exceed 35 feet above grade, including the antenna, must not have antennas longer than six feet, must be painted to match the color of the poles.
2. Ground-mounted DAS accessory equipment is not allowed in the CD district.
3. Where DAS support poles are proposed on city owned sidewalks, there must be a minimum of five feet of unobstructed sidewalk remaining for pedestrians to pass by the installation or as determined by the Director of Engineering.
4. The location of DAS equipment and support structures must not restrict sight triangles of pedestrians or motorists to roadway intersections and public or private driveways.
5. DAS equipment shall be painted to match the poles to which they are affixed or shall match the color of city-owned and Greenville Utilities Commission owned light poles if they are new or are replacing light poles and shall be designed to minimize the visibility of cables and other appurtenances.
(R) Portable temporary storage unit.
(1) No individual unit shall exceed 320 square feet in floor surface storage area.
(2) No storage unit shall be utilized as a principal use structure.
(3) Except as further provided below under subsection (R)(10), not more than two units totaling 320 square feet in combined total floor surface storage area shall be permitted concurrently on any residential zoned lot and/or on any lot used for residential purposes. Exempt from this requirement are lots containing residential quarters for resident managers, supervisors or caretakers as set forth under section 9-4-78 and Appendix A to this chapter. For purposes of this section, the on-site and/or right-of-way placement of the first unit shall begin the running of time set forth under subsection (R)(7) below. See also subsection (R)(8) below.
(4) Except as further provided below under subsection (R)(10), not more than three units totaling 960 square feet in combined floor surface storage area shall be permitted concurrently on any non-residential zoned lot and/or on any lot used for commercial, office, institutional and/or industrial purposes. For purposes of this section, the on-site and/or right-of-way placement of the first unit shall begin the running of time set forth under subsection (R)(7) below. See also subsection (R)(9) below.
(5) Except as further provided below under subsection (R)(10), all unit(s) subject to this subsection shall be located on an improved parking surface in accordance with Article O. Units located on any site for 336 continuous hours or less may be located on an unimproved surface.
(6) Except as further provided below under subsection (R)(10), no unit on-site parking area, in addition to other improved on-site vehicle parking areas, shall exceed 30% of the front yard area of a single-family dwelling lot or more than 40% of any two-family attached dwelling lot in accordance with Article O.
(7) Except as further provided below under subsection (R)(10), the maximum duration of any temporary unit located on any lot shall not exceed 120 continuous days or more than 120 total days in any 12-month period. The placement of the first unit shall begin the running of time under this subsection.
(8) Except as further provided below under subsection (R)(10), the maximum frequency of any temporary unit located on any residential zoned lot and/or on any lot used for residential purposes shall not exceed three separate occurrences in any 12-month period. Exempt from this requirement are lots containing residential quarters for resident managers, supervisors or caretakers as set forth under section 9-4-78 and Appendix A. Each separate period of one or more concurrently placed units shall count toward the maximum frequency.
(9) Except as further provided below under subsection (R)(10), the maximum frequency of any temporary unit located on any non-residential zoned lot and/or on any lot used for commercial, office, institutional and/or industrial purposes shall not exceed three separate occurrences in any 12-month period. Each separate period of one or more concurrently placed units shall count toward the maximum frequency.
(10) Placement in conjunction with an active construction permit, natural disaster damage repair permit or other building permit may exceed the maximum number, duration and frequency set forth above under subsections (R)(3), (4), (7), (8) and (9) above, and the improved parking surface material and maximum coverage requirements set forth above under subsections (R)(5) and (6), provided the unit(s) shall be removed immediately following completion of the associated permit activity; provided, however, no unit(s) located on a single-family or duplex lot, excepting placement in conjunction with a building permit for the construction of the principal dwelling(s) and/or in conjunction with a natural disaster damage repair permit for any single- family or duplex dwelling(s), shall exceed 180 continuous days. Maximum frequency under this section shall not exceed one occurrence in any 12-month period.
(11) When located on property containing a principal residential use the unit shall only be used for temporary incidental residential accessory use purposes. No unit located on any principal use residential property shall be used for commercial, office, institutional and/or industrial purposes or storage. No unit shall be used in conjunction with any home occupation.
(12) The unit may temporarily displace minimum required parking for the associated principal use dwelling or nonresidential use.
(13) Any unit located on a residential lot may encroach into the minimum public and/or private street (MBL) setback; provided, however, no unit shall be located within any public street right-of-way or private street easement, except as further provided. No such unit shall be located in any minimum side and/or rear yard setback or minimum bufferyard setback applicable to an accessory structure except when located on an existing improved driveway or qualified parking area. A unit may be located within a public street right-of-way upon issuance of an encroachment agreement from the authority having jurisdiction, provided compliance with all other provisions of this section.
(14) Any unit located on a commercial, office, institutional and/or industrial lot may encroach into the minimum public and/or private street (MBL) setback, provided however no unit shall be located within any minimum perimeter and/or street bufferyard.
(15) No unit shall encroach within the “area of minimum protection (by plant material type)” set forth under section 9-4-265(G)(2) for required vegetation.
(16) No unit shall contain or receive permanent or temporary electric service, water and/or sanitary sewer service.
(17) No unit shall be used for human or animal occupancy.
(18) The unit shall comply with Accessory Structure Building Code placement, tie-down and other applicable standards as determined by the Building Inspector in the particular case.
(19) Except as further provided, no unit shall be stored in any public street right-of-way or private street easement. A licensed motor vehicle unit or wheeled trailer unit attached to a licensed motor vehicle may be stored in the street right-of-way or street easement on a temporary basis in accordance with this section and applicable zoning and traffic regulations. A unit may be located within a public street right-of-way upon issuance of an encroachment agreement from the authority having jurisdiction, provided compliance with all other provisions of this section.
(20) Permanent signage attached to a licensed motor vehicle unit, licensed wheeled trailer unit or other non-wheeled container unit transported to the lot on a removable chassis shall be exempt from the sign regulations; provided, however, any permanent use of any unit shall not be exempt from the sign regulations.
(21) No unit shall be located in any street sight distance area, or in any manner that obstructs vehicle or pedestrian access or lines of sight.
(22) No unit shall be located and/or used in any manner that creates a nuisance, public health or safety hazard. When a nuisance, public health or safety hazard condition is found to exist, the owner of the lot and/or unit shall immediately remove the unit to a location in compliance with this section following personal and/or written notice from any building Inspector, nuisance abatement officer or Zoning Enforcement Officer. Any location or use inconsistent with the provisions of this section shall be construed as both a nuisance and a violation of the zoning regulations.
(23) No unit shall be located in any manner that obstructs any designated fire lane or that otherwise obstructs or blocks access to any fire hydrant, building or structure.
(24) Except as provided above under subsection (R)(18) above, no additional permit shall be required for any unit regulated under this section.
(25) Any storage units to be located and used as permanent accessory structures on a nonresidential zoned lot and/or on any lot used for commercial, office, institutional and/or industrial purposes shall meet the minimum requirements applicable to an accessory building and/or structure for the district and use as well as the following:
(a) The number of units that may be located and utilized as permanent accessory structures will be determined by the size of the lot on which the unit(s) is (are) proposed to be located as follows:
1. If the lot is one acre or less in area, then no more than one unit totaling no more than 320 square feet in total floor surface storage area may be utilized as a permanent accessory structure.
2. If the lot is greater than one acre, but less than three acres in area, than no more than two units totaling no more than 640 square feet in combined total floor surface storage area may be utilized as permanent accessory structures.
3. If the lot is three acres or greater in area, then no more than three units totaling no more than 960 square feet in combined total floor surface storage area may be utilized as permanent accessory structures.
(b) No storage unit shall be used as a permanent accessory structure in the CD or CDF Districts.
(26) No storage unit shall be used as a permanent accessory structure or building on any residential zoned lot and/or on any lot containing a residential use; provided, however, lots containing residential quarters for resident managers, supervisors or caretakers as set forth under section 9-4-78 and Appendix A shall be exempt from this requirement.
(S) Reserved.
(T) Golf course, 18-hole regulation length and/or golf course, nine-hole regulation length. A golf course; 18-hole regulation length and/or golf course, nine-hole regulation length, or portion thereof, located within a residential district shall be subject to the following requirements:
(1) A golf course, 18-hole regulation length, may include an accessory use member-guest only dining facility and/or a public restaurant, snack bar, pro-shop, member-guest only social club, tennis courts, swimming facilities and/or other customarily associated golf course activity, which is open to members, guests and/or the general public.
(2) A golf course, nine-hole regulation length, may include an accessory use member-guest only dining facility, snack bar, pro-shop, member-guest only social club, tennis courts, swimming facilities and/or other customarily associated golf course activity, which is open to members, guests and/or the general public, unless otherwise provided. A nine-hole regulation length course shall not contain an accessory public restaurant.
(3) Accessory public restaurant facilities must be located within the principal use golf course structure (i.e., golf clubhouse) and shall not be located in a separate and detached single-use stand-alone structure. Outdoor seating and dining areas shall be subject to subsection (T)(5) below. No public restaurant may be located in any detached accessory structure.
(4) Except as further provided under subsection (T)(6) below, accessory public restaurant hours shall be limited to the period 7:00 a.m. to 10:00 p.m. No food or beverage may be sold to the general public prior to 7:00 a.m. or after 10:00 p.m. of any day.
(5) Except as further provided under subsection (T)(6) below, no accessory public “restaurant; outdoor activity” area shall be located within 300 feet, as measured to the closest point, of any abutting residential lot or parcel located within a residential district which allows single-family dwellings as a permitted use.
(6) An accessory public restaurant associated with a golf course may provide food services for golf course and/or golf club sponsored member-guest only events without regard to the limitations of subsections (T)(4) and (5).
(7) Restaurant drive-through and/or drive-in facilities and services shall be prohibited.
(8) Golf course signage, including accessory use identification signage, shall be in accordance with section 9-4-233(L).
(9) For purposes of this section, the term “public restaurant” shall be construed as an eating establishment as defined herein under the term “restaurant, conventional,” that is open to the general public, and is not restricted to members and their guests, or patrons of the golf course.
(U) Reserved.
(V) Beekeeping; minor 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.
(W) Reserved.
(X) Shelters for the homeless or abused located within the OR District. Shall be located on a parcel of land no less than 0.5 acre in area.
(Y) Internet sweepstakes business (see also section 9-4-22).
(1) No internet sweepstakes business shall be located within a one-half mile (2,640 foot) radius of an existing or approved internet sweepstakes business.
(2) No internet sweepstakes business shall be located within a 500-foot radius of the following:
(a) An existing conforming use single-family dwelling located in any district;
(b) Any single-family residential zoning district; and
(c) An existing or approved school, church, park or multi-family use.
(3) The measurements associated with subsections (1) and (2) above shall be made from the exterior wall of the proposed internet sweepstakes business to the nearest exterior wall of any existing or approved internet sweepstakes business, existing conforming use single-family dwelling located in any district, or existing or approved school, church or multi-family use. The measurement shall be made from the exterior wall of the proposed internet sweepstakes business to the nearest property line of any single-family residential zoning district or park.
(4) No internet sweepstakes business shall be located within any certified redevelopment area.
(5) The use shall be conducted within a completely enclosed building with no outside congregation of customers permitted for any purpose.
(Z) Major or Minor repair facilities.
(AA) Hookah Café (see also section 9-4-22).
(1) No hookah café shall be located within a one-fourth mile (1,320 foot) radius of an existing or approved hookah café.
(BB) Tobacco Shop (Class 1) (see also section 9-4-22).
(1) No tobacco shop (class 1) shall be located within a 500-foot radius of an existing or approved school. This measurement shall be made from the exterior wall of the proposed tobacco shop (class 1) to the nearest exterior wall of any existing or approved school.
(2) No tobacco shop (class 1) shall be located within any certified redevelopment area.
(3) No tobacco shop (class 1) shall be located within a one-half mile (2,640 foot) radius of a tobacco shop (class 2).
(CC) Tobacco Shop (Class 2) (see also section 9-4-22).
(1) No tobacco shop (class 2) shall be located within a one-half mile (2,640 foot) radius of a tobacco shop (class 1) or tobacco shop (class 2).
(2) No tobacco shop (class 2) shall be located within a 500-foot radius of the following:
(a) An existing conforming use single-family dwelling located in any district;
(b) Any single-family residential zoning district; and
(c) An existing or approved school, church, park or multi-family use.
(3) The measurements associated with divisions (BB)(1) and (2) above shall be made from the exterior wall of the proposed tobacco shop (class 2) to the nearest exterior wall of any existing or approved tobacco shop (class 1 or 2), existing conforming use single-family dwelling located in any district, or existing or approved school, church or multi-family use. The measurement shall be made from the exterior wall of the proposed tobacco shop (class 2) to the nearest property line of any single-family residential zoning district or park.
(4) No tobacco shop (class 2) shall be located within any certified redevelopment area.
(DD) Domestic Violence Center (see also section 9-4-22).
(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 or not more than one person per each 500 square feet of lot area, whichever is less.
(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.
(EE) Digital broadcast studio.
(1) No living quarters shall be allowed.
(2) No transmission towers and/or monopoles are allowed.
(FF) Pet grooming facility.
(1) Pet grooming and holding will not extend before 7 a.m. or beyond 8 p.m.
(2) Standalone pet grooming facilities are not to include training, exercise, socialization, keeping or boarding, breeding or sale or rental of pets.
(3) In the event of a combined use within a single premise any and all pet grooming activities shall occur exclusively within an enclosed area.
(4) In no event shall pets be kept outside of the structure for purposes of grooming or holding.
(II) School; small, private.
(1) All associated recreational facilities shall be treated as an accessory use.
(2) No musical concerts shall be held at any outdoor recreation field located at the small private school. This prohibition shall in no aspect be interpreted so as to preclude marching or other school bands practicing on any such outdoor recreation field or performing during any sporting or other event, including pep rallies.
(3) May be located on one or more parcels of land.
(4) All new driveways and new perimeter parking areas shall be placed as far from abutting residential properties as is reasonably practical as determined by the Director of Engineering or their designee.
(5) Parking requirements shall either comply with the Article O requirements for School; elementary and junior high, or School; senior high depending on grades served, k-8 and 9-12 respectively. In the event that any outdoor recreation fields are located at a school serving grades k-8 then an additional requirement of one space per 10 seats shall also be enforced.
(6) Loading and unloading of students shall be off-street.
(7) Maximum building coverage shall not exceed the underlying district requirements.
(8) Notwithstanding the Noise Ordinance of the City of Greenville, there shall be no amplified sound not related to ongoing athletic competitions or school events. Operation of the sound and lighting components of the outdoor recreational facilities by entities other than the associated school(s) shall be limited to one occurrence per month. An occurrence means third party usage of either the lights, amplified sound or both at once and will consist of one event on one day. One week will be interpreted as being Monday - Sunday. No amplified sound for said occurrence will be permitted past 9:00 p.m.
(9) On weekends (Friday - Saturday) the hours of operation for outdoor recreation fields for any game, event, or practice shall not exceed one hour after the end of the game, event, or practice and/or 11 p.m., whichever comes first. On Sunday the hours of operation shall not exceed 5:00 p.m. On all other days the hours of operation shall not exceed 9:30 p.m.
(10) No outdoor amplified sound equipment shall be operated prior to 9:30 a.m.
(11) No outdoor amplified sound equipment shall produce a sustained decibel level higher than 75 at an adjacent property line. Sustained shall be taken to mean an average reading observed over the course of 20 seconds.
(12) Notwithstanding the foregoing provisions there shall be no restriction on use of amplified sound equipment that produces 60db or less as measured at any property line between the hours of 9:30 a.m. and 9:30 p.m.
(13) Lighting of outdoor sports fields and performance areas shall be designed to meet the standards found in the document "Lighting Standards for the City of Greenville" as well as in accordance with the following requirements:
(a) All such lighting fixtures shall be equipped with a glare control package (e.g., directional LED lighting, louvers, shields or similar devices), and any fixtures shall be aimed so that their beams are directed within the playing or performance area.
(b) Light levels at adjacent property lines shall not exceed ambient light levels by 0.5 foot candles in any circumstance.
(c) Light measurement technique: Light level measurements shall be made at the property line of the property upon which light to be measured is being generated. Measurements will first be taken with the light off and then with the light on to establish a baseline for ambient light conditions. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the property of the complainant or at any other location on the property of the complainant. Measurements shall be made at finished grade (ground level), with the light registering portion of the meter held parallel to the ground pointing up. The meter shall have cosine and color correction and have an accuracy tolerance of no greater than plus or minus five percent. Measurements shall be taken with a light meter that has been calibrated within two years. Light levels are specified, calculated and measured in foot candles.
(d) In the event a dispute between the City and the property owner or lessee over the validity of any light measurements taken by the City arises, then at the expense of the party disputing the claim, an independent engineer may be hired to conduct new measurements. The engineer shall be licensed by the state and shall take all measurements while accompanied by a representative of the city. Both parties shall certify the readings on the independent engineer's light meter and measurements shall be taken in the same way as described above in section 9-4-103 (II)(7)(d).
(JJ) Modular data processing facility.
(1) Systems, equipment, and structures (excluding electric transmission lines and utility poles) shall not exceed 35 feet in height.
(2) All equipment and structures shall be a minimum of 100 feet from the boundary of the lot. Public street setback shall be in accordance with Section 9-4-94.
(3) Any electric wiring shall be located underground, except where wiring is brought together for interconnection to system components and/or the local utility power grid.
(4) Bufferyard "F" shall apply except where the property abuts public/private streets or railroad rights-of-way in which the bufferyard as set forth in Article G shall apply.
(5) No sound may exceed 65 (dB(A)) as measured from the property line when the adjoining property is a conforming residential use or within the following zoning districts: RA20 (Residential-Agricultural), R15S (Residential-Single-family), R9 (Residential), R9S (Residential-Single-family), R6 (Residential), R6A (Residential), R6N (Residential), R6S (Residential-Single-family), R6MH (Residential-Mobile Home), MR (Medical- Residential), OR (Office-Residential), O (Office), and CDF (Downtown Commercial Fringe), CG (General Commercial) and CH (Heavy Commercial). A sound study shall be required at the discretion of the Planning and Development Services Department Director or when this use is located within 250 feet of any of the above listed zoning districts except when the Planning and Development Services Department Director determines it not necessary. This shall be measured from property line to property line.
(6) No sound may exceed 75 (dB(A)) as measured from the property line when the adjacent property is zoned I (Industry), IU (Unoffensive Industry) PIU (Planned Unoffensive Industry) and PI (Planned Industry).
(7) The business owner shall provide a statement to the Planning and Development Services Director from an acoustical consultant that the use complies with the sound levels as prescribed in this section by January 31 of every calendar year.
(8) Shall not be located within a 2,500-foot radius of an existing or approved school measured from property line to property line.
(9) Shall not be located within a 2,500-foot radius of an existing conforming singlefamily dwelling in any district as measured from property line to property line.
(10) Shall be located on no less than 35 acres.
(11) Signage shall be in accordance with Article N. Signs.
(12) No signage shall be permitted on the perimeter fence, with the exception of one sign not to exceed 32 square feet that shall display the name, address, and emergency contact information of the facility, as well as appropriate warning signs.
(13) No grid-connected data processing system shall be installed until evidence has been provided by the operator that installation of the system has been approved by the electrical utility provider. Off-grid systems shall be exempt from this requirement.
(14) All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and adjacent properties.
(15) Any structure or equipment associated with the facility that is not operated for a continuous period of 365 days shall be considered abandoned, and the city may require the owner to remove such structures and equipment within 90 days after notice from the city. If the abandoned structure or equipment is not removed within 90 days, the city may remove it and recover its costs from the owner, whether the facility is located within the city limits or not. If the owner of the abandoned structure or equipment cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the structure or equipment is located.
(KK) Data processing center.
(1) Systems, equipment, and structures (excluding electric transmission lines and utility poles) shall not exceed 35 feet in height.
(2) Any electric wiring shall be located underground, except where wiring is brought together for interconnection to system components and/or the local utility power grid.
(3) No sound may exceed 65 (dB(A)) as measured from the property line when the adjoining property is a conforming residential use or within the following zoning districts: RA20 (Residential-Agricultural), RI 5S (Residential-Single-family), R9 (Residential), R9S (Residential-Single-family), R6 (Residential), R6A (Residential), R6N (Residential), R6S (Residential-Single-family), R6MH (Residential-Mobile Home), MR (Medical- Residential), OR (Office-Residential), O (Office), and CDF (Downtown Commercial Fringe), CG (General Commercial) and CH (Heavy Commercial). A sound study shall be required at the discretion of the Planning and Development Services Department Director or when this use is located within 250 feet of any of the above listed zoning districts except when the Planning and Development Services Department Director determines it not necessary. This shall be measured from property line to property line.
(4) No sound may exceed 75 (dB(A)) as measured from the property line when the adjacent property is I (Industry), IU (Unoffensive Industry) PIU (Planned Unoffensive Industry) and PI (Planned Industry).
(5) The business owner shall provide a statement to the Planning and Development Services Director from an acoustical consultant that the use complies with the sound levels as prescribed in this section by January 31 of every calendar year.
(6) Shall not be located within a 2,500-foot radius of an existing or approved school measured from property line to property line.
(7) Shall not be located within a 2,500-foot radius of an existing conforming singlefamily dwelling in any district as measured from property line to property line.
(8) Signage shall be in accordance with Article N. Signs.
(9) No grid-connected data processing system shall be installed until evidence has been provided by the operator that installation of the system has been approved by the electrical utility provider. Off-grid systems shall be exempt from this requirement.
(10) All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and adjacent properties.
(11) Any structure or equipment associated with the facility that is not operated for a continuous period of three hundred sixty-five (365) days shall be considered abandoned, and the City may require the owner to remove such structures and equipment within 90 days after notice from the City. If the abandoned structure or equipment is not removed within 90 days, the City may remove it and recover its costs from the owner, whether the facility is located within the city limits or not. If the owner of the abandoned structure or equipment cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the structure or equipment is located.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2423, § 1, passed 2-13-1992; Ord. No. 95-116, § 1, passed 11-9-1995; Ord. No. 96-80, § 4, passed 8-8-1996; Ord. No. 97-5, §§ 3, 4, passed 1-9-1997; Ord. No. 97-85, §§ 1, 2, passed 8-14-1997; Ord. No. 97-86, § 5, passed 8-14-1997; Ord. No. 98-21, § 1, passed 2-12-1998; Ord. No. 98-67, § 2, passed 6-11-1998; Ord. No. 98-115, § 1, passed 9-10-1998; Ord. No. 99-5, § 1, passed 1-14-1999; Ord. No. 00-19, § 8, passed 2-10-2000; Ord. No. 03-31, § 4, passed 4-10-2003; Ord. No. 04-43, § 2, passed 5-13-2004; Ord. No. 04-96, § 2, passed 8-12-2004; Ord. No. 04-143, § 2, passed 11-8-2004; Ord. No. 05-64, § 3, passed 6-9-2005; Ord. No. 06-25, § 2, passed 3-9-06; Ord. No. 06-93, § 2, passed 9-14-2006; Ord. No. 06-113, § 4, passed 11-9-2006; Ord. No. 07-11, § 4, passed 1-11-2007; Ord. No. 09-27, § 9, passed 4-9-2009; Ord. No. 10-83, § 2, passed 10-14-2010; Ord. No. 10-106, § 6, passed 12-9-2010; Ord. No. 11-055, § 3, passed 9-8-2011; Ord. No. 11-078, § 2, passed 12-8-2011; Ord. No. 12-004, § 1, passed 1-12-2012; Ord. No. 12-033, § 1, passed 8-9-2012; Ord. No. 12-044, § 2, passed 10-11-2012; Ord. No. 12-045, § 3, passed 10-11-2012; Ord. No. 12-051, § 2, passed 11-8-2012; Ord. No. 12-069, § 2, passed 12-13-2012; Ord. No. 13-007, § 3, passed 2-14-2013; Ord. No. 14-010, passed 2-13-2014; Ord. No. 14-020, passed 4-10-2014; Ord. No. 15-019, § 3, passed 4-9-2015; Ord. No. 16-003, § 3, passed 1-14-2016; Ord. No. 16-066, §§ 5, 6, passed 12-8-2016; Ord. No. 17-036, § 1, passed 5-11-2017; Ord. No. 19-045, § 1, passed 9-12-2019; Ord. No. 19-051, § 3, passed 10-10-2019; Ord. No. 19-052, § 3, passed 10-10-2019; Ord. No. 20-052, § 2, passed 9-14-2020; Ord. No. 20-059, § 2, passed 10-19-2020; Ord. No. 21-032, § 1, passed 6-21-2021; Ord. No. 21-058, § 1, passed 11-8-2021; Ord. No. 22-013, § 6, passed 1-24-2022; Ord. No. 22-014, §§ 4, 5, passed 1-24-2022; Ord. No. 23-039, §§ 1, 2, passed 5-11-2023 ; Ord. No. 23-040, § 1, passed 5-11- 2023; Ord. No. 23-061, §§ 4, 5, passed 8-10-2023)