§ 153.111 COMMERCIAL USES.
   (A)   Animal services.
      (1)   Veterinarian services.
         (a)   Any outdoor yard areas shall be enclosed by a solid, opaque fence, or masonry wall at least eight feet in height.
         (b)   The animal hospital structure shall be soundproofed in order to minimize all loud and disturbing noises that might disturb those persons in adjoining structures or in the nearby vicinity. Further, the noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
      (2)   Zoo and petting zoo.
         (a)   The owner(s) of the facility shall provide written evidence of application to the United States Department of Agriculture (USDA) for such a facility at the time of application for a special use permit. Further, the owner(s) shall provide written evidence of USDA certification prior to issuance of a certificate of occupancy for the facility.
         (b)   In addition to those items required on the site plan elsewhere by this chapter, all areas to be used for purposes of a zoo or petting zoo, whether or not located within a structure, shall be identified.
         (c)   Any animals or areas deemed dangerous, or potentially dangerous, to the public shall be easily identified through signage and other necessary measures.
         (d)   The owner (s) shall ensure that the facility remains in compliance with local, state, and federal regulations regarding permitting and containment of exotic animals. If at any time the facility is not in compliance, the facility shall not allow entrance by the public.
         (e)   The facility shall be subject to random inspections by the county’s Departments of Planning Services and Animal Control to ensure compliance with applicable local ordinances.
   (B)   Eating and drinking services.
      (1)   Bar, tavern, and entertainment venues.
         (a)   Bars, taverns, and entertainment venues shall not be located within 500 feet of a residential structure or park, unless permitted as part of a live/work development.
         (b)   No such facility shall be located within 1,000 feet of an educational institution, school, or religious structure.
         (c)   Building(s) shall be located a minimum of 100 feet from any property line(s) that adjoins a residential zoning district. Otherwise, the building(s) shall conform to the requirements of the principal use for the district in which it is located.
         (d)   Additional temporary overflow parking of one space per 200 square feet of building area shall be required for bars or taverns providing dancing and/or live entertainment.
         (e)   The noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
         (f)   Any outdoor seating or area used as part of the establishment shall not obstruct the sidewalk and shall meet building setback requirements.
      (2)   Restaurant.
         (a)   Restaurants with drive-through service shall have a minimum queuing lane length to accommodate eight vehicles. The queuing lane shall not interfere with any required drive aisles or parking access.
         (b)   Any outdoor seating or area used as part of the establishment shall not obstruct the sidewalk and shall meet building setback requirements.
         (c)   No amplified noise shall be permitted outdoors when located within 500 feet of a residential use. Further, the noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
   (C)   Lodging services.
      (1)   Bed and breakfast.
         (a)   The operator of the bed and breakfast residence may be the owner of the dwelling or a resident manager, but shall occupy the dwelling as a principal residence;
         (b)   Guest stays shall be limited to 14 consecutive days;
         (c)   Meals may be provided to overnight guests only, and no cooking facilities may be provided in guest rooms; and
         (d)   Shall comply with all local and state regulations.
      (2)   Boarding house.
         (a)   The operator of the boarding house shall occupy the dwelling as a primary residence.
         (b)   Meals may be provided only for boarders and/or occupants of the premises, and no cooking facilities may be provided in guest rooms.
         (c)   The quarters utilized by boarders and/or occupants of the premises shall be in the principal residential structure.
      (3)   Homeless shelter.
         (a)   No such facility shall be located within 2,000 feet of another homeless shelter.
         (b)   Staff shall be provided on-site 24 hours a day during periods of operation and/or occupancy.
         (c)   The use shall be owned and managed by a charitable or benevolent operation qualifying for tax exemption under IRC § 501 or by a government entity.
         (d)   There shall be no compensation required for occupancy in the facility.
         (e)   There shall be a minimum of 50 square feet of sleeping space per person.
      (4)   Recreational campground.
         (a)   General requirements. In districts which permit such activities, the following shall apply:
            1.   There shall be no permanent structures, excluding picnic shelters, erected within any area deemed “flood zone”, “wetland”, or “conservation zone”.
            2.   Adequate restroom facilities must be provided for campers to maintain sanitary conditions, in accordance with the requirements of the county’s Health Department.
            3.   Installation and provision for water and sewage disposal shall be according to the standards of the county’s Department of Public Utilities and the county’s Health Department.
            4.   An emergency plan must be submitted and approved by the county’s Development Review Board along with the commercial site plan.
            5.   Staff shall be on-site or available 24 hours a day to all campers. This contact information shall be posted on-site.
            6.   A campground shall not be utilized as permanent residence.
            7.   The park owner shall keep all park owned facilities, spaces, improvements, equipment open space, recreational open space, and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of material which would constitute a fire hazard or would cause insect or rodent breeding and harborage. This includes providing receptacles for the disposal of trash.
            8.   Prohibited uses within any recreational campground park include:
               a.   Junk motor vehicles; and/or
               b.   Storage of recreational vehicles, cars, boats, lumber, or other construction materials.
         (b)   Recreational vehicle campground.
            1.   All parks shall have a gross land area of at least three acres.
            2.   Size of individual recreational vehicle space:
               a.   Minimum space size: 1,000 square feet; and
               b.   Minimum space width: 20 feet.
            3.   Recreational vehicles shall be separated from each other and from other structures by at least ten feet. No more than one recreational vehicle may be parked on any one space and shall not be permitted on lots other than those approved through these regulations.
            4.   A recreational open space area will be developed and maintained that shall be located for safe and convenient access to all campers and shall meet the following size requirements:
 
Gross Land Area (Acres)
Percentage of Recreational Open Space
3.00 - 6.00
7%
6.01 - 9.00
6%
> 9.01
5%
 
            5.   No recreational vehicle space within a park shall directly access a public right-of-way and such access shall be approved by NCDOT. Access to all campers and accessory structures within the campground shall be made using internal streets.
            6.   Internal streets shall have a minimum width of 15 feet and shall be compacted and layered with four inches of aggregate base course. Cul-de-sacs in a recreational vehicle park shall be limited to a maximum length of 500 feet and shall be provided with a permanent turnaround not less than 60 feet in diameter. All entrances in a recreational vehicle park shall be paved a minimum of 20 feet or to NCDOT standards, whichever is greater. Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground.
            7.   Each recreational vehicle space shall have off-street parking for one trailer and parking space for at least one car. Each space shall be sited so that the parking, loading, or maneuvering of a recreational vehicle shall not necessitate the use of any public right-of-way, sidewalk, or any private grounds not part of the park.
            8.   Tent camping shall also be allowed in such campgrounds.
         (c)   Primitive campground.
            1.   Travel trailers, RVs, or any other form of mobile shelters shall not be allowed in areas intended for primitive camping.
            2.   An adequate all weather access road must be provided in accordance with this chapter.
            3.   No provision of utilities or “hookups” shall be constructed on-site.
   (D)   Personal services.
      (1)   Massage and bodywork therapy practice, licensed. A copy of a license to perform massage and bodywork therapy, issued by the state, shall be submitted with the required site plan.
      (2)   Massage and bodywork therapy practice, unlicensed. This use shall be located not less than 2,000 feet from any religious structure, educational institution, daycare facility, or sexually oriented business permitted by this chapter, dwelling unit, or any area zoned for residential use. The measurement is to be taken from the exterior walls of the building containing the so regulated use and shall meet the measurement requirements in the north, south, east, and west directions.
   (E)   Recreational facilities and uses.
      (1)   Recreational facility.
         (a)   Adequate handicap accessible restroom and parking facilities shall be provided.
         (b)   When outdoor fields are proposed with a recreational facility, the use regulations for “athletic fields” shall be applicable, unless otherwise approved by the Board of Adjustment.
      (2)   Athletic fields, private. In cases where the requirements listed herein cannot be met, the applicant(s) may apply for a special use permit.
         (a)   Total project acreage shall not exceed 12 acres.
         (b)   Hours of operation are permitted as follows.
            1.   Monday through Friday hours are limited to 3:00 p.m. to dusk.
            2.   Saturday hours are limited to 9:00 a.m. to dusk.
            3.   Facility shall not be in operation on Sunday.
         (c)   No intercom, loudspeaker, or other similar items shall be permitted.
         (d)   No lighting shall be permitted.
         (e)   Adequate parking shall be provided so as not to interfere with the surrounding properties.
            1.   This shall prohibit the use of public right(s)-of-way for overflow parking.
            2.   Parking areas shall be graded and surfaced with crushed stone, gravel, or other suitable material with a minimum depth of six inches.
            3.   All handicapped accessible parking shall be paved.
            4.   No parking signs shall be posted along property line(s) adjacent to the public rights-of-way in accordance with NCDOT standards and shall be shown on the required site plan.
            5.   Parking spaces shall be a minimum of 50 feet from all residential structures.
         (f)   All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
         (g)   No outdoor recreational facilities, including fields, shall be permitted in required setback.
         (h)   Adequate handicap accessible restroom facilities shall be provided.
      (3)   Health and training center, outdoor. The requirements listed in this section for “athletic fields, private” shall be met, as applicable.
      (4)   Race track.
         (a)   The noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
         (b)   Adequate parking shall be provided so as not to interfere with the surrounding properties.
            1.   This shall prohibit the use of public right(s)-of-way for overflow parking.
            2.   No parking signs shall be posted along property line(s) adjacent to the public rights-of-way in accordance with NCDOT standards and shall be shown on the required site plan.
            3.   Parking spaces shall be a minimum of 50 feet from all residential structures.
         (c)   All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
         (d)   Adequate measures shall be taken, and demonstrated on required site plan, to ensure spectator safety, including, but not limited to, safety fencing.
         (e)   Structures or facilities for use by the general public and/or participants shall be constructed to the North Carolina State Building Code.
         (f)   Structures or facilities shall be constructed a minimum of 50 feet from any residentially zoned or used lot.
         (g)   Adequate, handicap accessible restroom facilities shall be provided.
      (5)   Recreational day camp.
         (a)   Swimming facilities shall be protected by a fence in accordance with the county’s regulations for swimming pools.
            1.   Facilities adjacent to a residential zoning or use shall be screened from view using techniques in § 153.158.
            2.   Indoor facilities shall be separated and secured from the rest of the facility.
         (b)   All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
         (c)   Structures or facilities shall be constructed a minimum of 50 feet from any residentially zoned or used lot.
         (d)   Adequate, handicap accessible restroom facilities shall be provided.
       (6)   Firing ranges (indoor and outdoor). All land use defined as a firing range in § 153.021 shall adhere to the requirements and regulations set forth in this section and any other applicable section of this chapter. These requirements and regulations are not mandated for the occasional target practice by an individual on property owned or leased by the individual or the individual’s immediate family, nor is it mandated for private ranges utilized by public or private high schools, colleges, or universities and government owned and operated training or practice facilities.
      (6)   Firing ranges (indoor and outdoor). All land use defined as a firing range in § 153.021 shall adhere to the requirements and regulations set forth in this section and any other applicable section of this chapter. These requirements and regulations are not mandated for the occasional target practice by an individual on property owned or leased by the individual or the individual’s immediate family, nor is it mandated for private ranges utilized by public or private high schools, colleges, or universities and government owned and operated training or practice facilities.
         (a)   Special use/compliance requirements.
            1.   In no case shall a firing range, whether a primary or ancillary use, be exempted from obtaining the required special use permit.
            2.   When a firing range facility or use is changed, modified, or expanded to include additional or new types of ranges, operations, or activities not permitted or included in the most current special use approval or legal pre-existing status then the submittal of a site plan indicating the addition, modification, or change in operation of the firing range facility is required to be reviewed and receive Board of Adjustment approval prior to commencement of the change, modification, or expansion.
            3.   Facilities currently operating under the Sport Shooting Range Protection Act of 1997 shall comply with the current regulations and requirements of this chapter when the facility undergoes a change of use.
            4.   In addition to the county’s typical notification process of special use permits for outdoor firing ranges, the applicant(s) shall make notification to all property owners within one mile of the proposed facility. Such notification shall include the same information in the notification provided by the county. Proof of such notification shall be provided by the applicants, either by certified mail receipt, sworn statement, or evidence of publication of a half-page ad in a newspaper of local distribution. Request for special use approval of an indoor firing range shall follow the standard notification process conducted by the county’s Planning Department.
         (b)   Special use permit/site plan requirements. A completed special use application accompanied by a detailed site development plan must be submitted to the county’s Planning Department a minimum of 30 days prior to the scheduled hearing date. All site plans are required to be submitted and sealed by a certified engineer with range design experience or an accredited individual certified in range design. A verifiable history of engineering or range design experience and performance in this area must be supplied and accompany the site plan at time of submittal. Applications may be subject to a third-party review process and review fee as referenced in the county’s Fee Schedule. In order for the application and site plan to be considered complete, the site plan shall include all components necessary to comply with the range development standards for firing ranges as well as the following information:
            1.   Information regarding the type, action, and the highest caliber of firearms, explosive ordinance and/or device proposed to be utilized at the facility;
            2.   Details regarding how the facility will be designed to facilitate the use of the highest caliber firearm proposed, including details regarding how the public will be protected from projectiles from such firearms, in accordance with recommendations from the current edition of the NRA Range Source Book or other accredited range design publication;
            3.   Information detailing the style or type of targets that will be utilized at the facility. Information shall include target composition, stationary or mobile design, distance from firing line, and range location. All targets shall be used in conjunction with the manufacturers’ specifications for use;
            4.   Information regarding firing line type and construction design, firearm discharge positions, and firing techniques that will be utilized at the facility;
            5.   Details regarding how the facility will provide containment of projectiles and debris caused by the type of ammunition, targets, and activities to be utilized or occur on the site, entirely within the boundaries of such facility. The containment methods shall be in conjunction with recommendations for containment as referenced in the current edition of an accredited range design publication;
            6.   A firing range safety plan, including at a minimum, the following information, written in accordance with an accredited range design and operation publication. This plan shall be utilized during the planning, construction and operation of the facility:
               a.   Firearm or other weapon(s) handling rules;
               b.   General and specific firing range rules and regulations; and
               c.   Administrative rules and regulations.
            7.   Proposed hours and days of operation, which may be amended by the Board of Adjustment in the special interest of community safety, compatibility, and welfare;
            8.   Information regarding noise abatement design techniques that will ensure compliance with permissible noise level limitations specified in Chapter 92 of this code. The burden of proof that the proposed range facility meets and will not exceed the permissible noise level limitations of Chapter 92 of this code, shall rest with the applicant and/or property owner. All noise studies shall be performed by a professional engineer registered in the state or by a person with a degree in a discipline related to acoustics;
            9.   Outdoor ranges that will discharge projectiles that contain lead, shall supply an environmental stewardship plan prepared by a state registered engineer. The plan shall include semi-annual soil and water sampling, regular liming of the soil to prevent lead migration, reclamation and recycling of the lead and is compliant with the best management practices, specifically relating to lead management, as specified by the Environmental Protection Agency’s (EPA) most current edition of best management practices for lead at outdoor shooting ranges. Indoor ranges shall submit a similar plan that addresses the recovery and recycling of lead projectiles and the ventilation and other techniques utilized for hazardous material and contaminate removal;
            10.   Outdoor range site plans shall illustrate the location of all property lines, structures, and facilities located on the proposed site as well as adjoining properties. Site plans shall also illustrate the location of all streams, ponds, lakes, or other watercourses or wetlands located on the proposed site and adjoining properties. Noted illustrations shall include distances from the proposed firing lines as well as target lines and backstops; and/or
            11.   Site plans may include information and illustrations regarding shot fall zones, safety zones, buffers, baffles, and any other information or mitigation techniques that may address concerns over compatibility, property values, or the general welfare of the adjoining properties and the community at large.
         (c)   Range development general standards. All firing ranges shall meet the following performance and developmental standards.
            1.   Shot containment. All firing range facilities shall be designed and operated in a manner to contain all bullets, shot, arrows, or other projectiles or any other debris on the rage facility.
            2.   Exploding targets. The discharge of an explosive device shall only be utilized for the purpose of shot confirmation. This type of target system shall only be allowed when used in conjunction with manufacturers specifications for use. Any misuse of this type of target system which results in the creation and/or propulsion or shrapnel is strictly prohibited.
            3.   Noise mitigation. Noise generated from firing range facilities shall not escape the facility property or boundary lines at levels greater than 60 dBA when located adjacent to properties zoned or utilized for residential/agricultural use and 75 dBA when adjacent to properties zoned or utilized for commercial or industrial use as specified by Chapter 92 of this code. It shall be the responsibility of the firing range owner to mitigate and verify escaping noise levels.
            4.   Range orientation. Ranges shall be designed so that the direction of fire shall be parallel to or perpendicular to and away from the public right(s)-of-way or dedicated access easements. All outdoor ranges shall be developed in a manner to ensure that streams, ponds, lakes, or other watercourses or wetlands are not located between any firing line and target line with exception granted to skeet ranges utilizing steel shot ammunition.
            5.   Drainage and erosion control. The range and associated facilities shall be designed to keep storm runoff from the range site at a volume and velocity no greater than what existed prior to range development. Appropriate erosion control measures shall be designed and installed to maintain water quality and prevent contamination from stormwater runoff.
            6.   Warning signs. Warning signs meeting the National Rifle Association (NRA) guidelines for firing ranges shall be posted, spaced not more than 100 feet apart, along the property boundary lines of all outdoor ranges in which the facility is located. Signage shall announce the potential dangers and presence of an active range utilizing highly visible colors.
            7.   Parking. All required parking facilities shall be located to the rear of the firing line and shall adhere to § 153.152.
            8.   Structures. All structures and facilities shall adhere to all federal, state, and local regulations and code requirements.
            9.   Public access. All range facilities shall have access to an approved private or public street. Internal access to the facility shall be secured and controlled with ingress and egress permitted only during the approved operating hours of the facility.
            10.   Safety Officer. All range facilities open to the general public that allow the discharge of firearms shall provide an NRA Certified Range Safety Officer or an individual that possesses the knowledge, skills, and attitude essential to organizing, conducting, and supervising safe shooting activities and range operations. This safety official shall be located at the firing line to aide in the proper discharge and safe handling of all weapons any time live fire is being conducted.
            11.   Safety plans/range rules. Safety plans for the operation of the range shall be kept in the area of the firing line and made available upon request by the public or an inspecting agency. Rules and regulations regarding the operation of the range shall be posted in a manner to be visible to all participants of the facility.
            12.   Setbacks. All structures, facilities, and components of the firing range located on the range site shall conform to a minimum 50-foot setback from all property lines. This setback is intended as a developmental setback to assist in compatibility of adjacent land uses and not a designated safety boundary.
         (d)   Final site plan submittal.
            1.   Upon special use approval from the county’s Board of Adjustment, the property owner shall provide a certified site plan to the county’s Planning Department for compliance review. The site plan shall include a notation of all conditions that may have been placed on the development as approved by the Board of Adjustment as well as any other requirements found within this chapter.
            2.   Upon completion of the range facility, a certified final as-built plan shall be submitted to the county’s Planning Department prior to the final zoning compliance inspection.
         (e)   Annual zoning inspection. In order to ensure special use approval requirements and development standards are adhered to the county’s Planning Department shall perform an annual zoning compliance inspection on all approved firing range facilities. Zoning compliance inspections shall be performed and verified utilizing the certified final as-built plans for county approved firing range facilities. All approved facilities failing to comply with special use requirements or range development general standards shall be held in violation of this chapter. All facilities found to be in violation shall be subject to enforcement actions specified within this chapter in § 153.999.
         (f)   Existing and nonconforming firing range facilities. All existing and nonconforming firing range facilities shall be required to adhere to the following performance standards.
            1.   The facility shall be maintained in a manner that will contain all projectiles within the property boundary lines.
            2.   The facility shall not engage in any activity that causes an increase in the nonconformity of the nonconforming firing range.
            3.   The facility shall not increase the total amount of space devoted to the firing range facility.
            4.   Facilities shall not perform physical alteration of structures or placement of new structures that results in the increase of total area used in conjunction with the firing range facility and/or operations.
            5.   Minor repairs and routine property maintenance shall be permitted for all existing structures, berms, and safety devices.
            6.   Existing and/or nonconforming firing ranges shall not be allowed to detonate any explosive device with the exception of exploding targets utilized for target confirmation. The utilization of exploding targets shall adhere to the manufacturers’ specification for use and shall not be placed or contained in an object which will result in the release of shrapnel.
   (F)   Retail services.
      (1)   Convenience stores and convenience type business establishments.
         (a)   A maximum of 5,000 square feet of gross floor area shall be permitted.
         (b)   Area dedicated to the preparation and distribution of food for on-site consumption shall be limited to 25% of the total floor space.
         (c)   Any canopy, including those for provided for fuel servicing, shall be a minimum of 20 feet from adjacent right(s)-of-way.
      (2)   Flea markets, rummage, second hand sales, and activities, indoor. Indoor facilities shall be subject to the following requirements:
         (a)   Preparation and sale of perishable foods shall be regulated by G.S. § 130A-247, G.S. § 130A-248, and T15A NCAC 18A .2600.
         (b)   Sale or trade of exotic, domestic, or farm animals shall be prohibited.
         (c)   Any outdoor display area shall comply with the regulations of § 153.160, as applicable, and in no case shall any items be left outdoors when the facility is not open for business.
         (d)   Any buildings or structures shall meet the current North Carolina State Building Code for indoor use.
      (3)   Flea markets, rummage, second hand sales, and activities, outdoor. Outdoor facilities shall be subject to the following requirements.
         (a)   All outdoor articles display tables and/or racks, tents, tarps, shelters, coverings of any type, or vehicles used shall be removed from dusk to dawn.
         (b)   Preparation and sale of perishable foods shall be regulated by G.S. § 130A-247 and G.S. § 130A-248, and T15A NCAC 18A.2600.
         (c)   Sale or trade of exotic, domestic, or farm animals shall be prohibited.
         (d)   Any buildings or structures shall meet the current North Carolina State Building Code for indoor use.
      (4)   Retail sales. Any accessory display area shall comply with the requirements set forth in § 153.160 as applicable.
      (5)   Retail sales, outdoor.
         (a)   Any accessory display area shall comply with the requirements set forth in § 153.160 as applicable.
         (b)   Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
      (6)   Shopping center.
         (a)   All outparcels developed as part of a shopping center shall be accessed internally, via the permitted entrances for the shopping center itself.
         (b)   Provisions for delivery of goods shall be made so as not to interfere with customer access or parking.
         (c)   Sidewalks shall be a minimum of eight feet in width and shall be provided in a continuous internal manner, connecting all stores entrances included as part of the primary building and shall be distinguished from driveways or other elements used for vehicular access.
         (d)   Any accessory display area shall comply with the requirements set forth in § 153.160.
         (e)   Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
      (7)   Sexually-oriented business (adult bookstore, motion picture theater, nightclub). This use shall be located not less than 2,000 feet from any religious structure, educational institution, school, or any other sexually oriented business permitted by this chapter, dwelling unit, or any area zoned for residential use. The measurement is to be taken from the exterior walls of the building containing the so regulated use and shall meet the measurement requirements in the north, south, east, and west directions.
   (G)   Vehicle services.
      (1)   Automobile repair facility. Wherever the provisions of other sections of this chapter require a greater requirement (such as buffers, maintenance, setbacks, and the like) the provisions of such statute shall govern. The following standards shall be adhered to no later than November 15, 2005 by all property owners.
         (a)   Junked and inoperable motor vehicles and/or parts storage areas shall be screened from view from adjacent property and/or public or private right(s)-of-way. The screening shall be a minimum of six feet in height and shall consist of an opaque fence or continuous row of evergreen shrubs.
         (b)   Required fencing shall be designed to reasonably secure the area from unauthorized entry.
         (c)   All operations, equipment, inoperable motor vehicles, and/or junk shall be kept within required secure area at all times, unless in motion by transportation to and from the site.
         (d)   Maximum two inoperable or junked vehicles outside of secured area or enclosed building, unless otherwise specified, shall be permitted.
         (e)   Vehicles shall be stored in such a manner that all fire apparatuses and equipment can access all areas of the site at all times and shall be in accordance with all local, state, and federal regulations.
         (f)   Equipment, inoperable motor vehicles, parts, and/or junk shall not be located within the required front yard or buffer area.
         (g)   A minimum of 50% of the required parking for automobile repair facilities shall be surfaced with asphalt or concrete. All handicapped accessible parking and any parking located in the front yard shall be paved. Remaining parking areas, if not paved, shall be graded and surfaced with crushed stone, gravel, or other suitable material with a minimum depth of six inches. The areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way. Measures shall be taken to prevent damage to the environment.
         (h)   The operational area of existing facilities shall not be expanded, except in compliance with the provisions of this chapter.
         (i)   The sale of vehicles on premises shall be limited to four vehicles within any one-year period.
      (2)   Car wash.
         (a)   Accessory uses. Accessory uses, including, but not limited to, vacuum stations, shall be permitted within the required side and rear yards only.
         (b)   Manned car wash facilities. Parking requirements for manned car wash facilities shall be calculated using the minimum criteria included in the “Table of use types and regulations” found in § 153.105(B) and shall not include bays in determining the minimum required parking spaces.
         (c)   Unmanned car wash facilities.
            1.   Parking requirements for unmanned car was facilities shall be calculated using the minimum criteria included in the “Table of use types and regulations”found in § 153.105(B) and shall include one parking space per bay.
            2.   A minimum 20-foot paved drive aisle shall be installed for all drive aisles required or necessitated by such use.
      (3)   Repossession storage facility.
         (a)   No sales, repair, or servicing of repossessed merchandise shall be permitted on-site.
         (b)   Loading and unloading of repossessed merchandise shall take place within required fencing or designated area on-site.
         (c)   Lighting shall be oriented so as not to project onto adjoining property or right(s)-of-way.
         (d)   Unusual sound emissions including, but not limited to, alarms, bells, buzzers, or the like shall be limited to daytime hours only. All alarms shall be silent during nighttime hours.
         (e)   Repossessed merchandise shall not be a health or safety nuisance, nor shall the area constitute a health or safety nuisance according to the county’s Department of Public Health.
         (f)   Repossessed merchandise shall be entirely concealed during all seasons of the year from public view from the right(s)-of-way and from adjoining property.
      (4)   Vehicle sales, leasing, and rental.
         (a)   In no case shall the display area be located within public or private right(s)-of-way or in required landscaping or buffer yards.
         (b)   A permanent sales office shall be located on the site of the sales lot.
         (c)   No vehicle shall be parked or stored as a source of parts.
         (d)   Vehicle sales, leasing or rental activities are prohibited within approved residential subdivisions.
(Ord. passed 10-17-2011; Res. passed 11-17-2014; Res. passed 10-19-2015; Res. passed 11-16-2020; Ord. 2023-21, passed 10-16-2023) Penalty, see § 153.999