The following standards shall apply to all permitted uses, conditional uses and special uses, as set forth in the Permitted Land Use Table (see § 156.202). Additional design considerations may be outlined in the Kenly General Design Guidelines.
(A) Adult-oriented business.
(1) No such use shall be located within 1,000 feet of a church, primary, elementary or secondary school, residence or residentially zoned property, any establishment serving on-premises beverages requiring an ABC license, or any other adult-oriented business.
(2) There shall be no more than 1 such use on the same property or in the same building or structure.
(3) Except for permanent signage as permitted in § 156.403, there shall be no advertisement, promotional materials, displays, or temporary signs visible to the public from public rights-of-way.
(B) Bed and breakfast.
(1) An owner shall reside on site.
(2) There shall be no substantial modifications to the exterior appearance of the structure; however, fire escapes, handicapped entrances and other features may be added to protect public safety.
(3) Meals shall be served on the premises only for guests and employees. Rooms may not be equipped with cooking facilities.
(4) Parking shall not be allowed in any street yard.
(C) Contractor's office.
(1) Except in the I-1 and I-2 districts, all activity shall be conducted entirely within a fully-enclosed building. The temporary loading and off-loading of vehicles shall be permitted outside.
(2) Outdoor storage and display may be allowed subject to Planning Board approval (see § 156.405).
(3) Combustible materials and chemicals shall be stored in compliance with all local, state, and federal regulations.
(D) Hotel, motel.
(1) All hotel and motel buildings and parking shall be located at least 50 feet from any property line adjoining a residential district or use.
(2) Any accessory commercial activities such as restaurants shall not be located along the side of the property adjacent to a residential district or use.
(3) Any outdoor recreation facilities, such as swimming pools, shall not be located along the side of the property adjacent to a residential district or use. If the outdoor recreation facility is a swimming pool, it shall meet the standards of § 156.305.
(E) Gas station with convenience retail.
(1) General standards.
(a) Vehicle repair or service shall not be permitted.
(b) The primary building, including any attached canopy, shall conform to all setback requirements.
(c) Gasoline pumps, tanks and pump islands shall be located no closer than 20 feet to any side or rear property line or right-of-way.
(d) No sign of any type or any gasoline pump or tank shall be located within 20 feet of a residential use.
(e) A Class C buffer (see § 156.402) shall be established along any side of the property where the gas station abuts a residential use, provided such buffer shall not restrict clear sight at any intersection or driveway.
(f) Freestanding vents shall not be permitted.
(g) Outdoor storage and display may allowed subject to Planning Board approval (see § 156.405).
(2) Fuel canopies.
(a) The canopy shall be located no closer than 15 feet to any side or rear property line or right-of-way.
(b) The canopy shall not exceed the height of the principal building, but in no case shall the canopy height exceed 20 feet.
(3) Single-bay automatic car wash. An accessory single-bay automatic (not self-service) car wash completely enclosed except for openings necessary to allow entry and exit of vehicles shall be permitted subject to the following:
(a) The car wash structure shall be located no closer than 20 feet to any side or rear property line or right-of-way;
(b) The car wash structure shall not exceed a height of 20 feet or exceed an overall building dimension of 25 feet in width and 50 feet in length;
(c) The car wash structure shall be located behind the rear building line of the principal building; and
(d) All car wash structures shall meet all applicable yard requirements.
(F) Manufacturing, limited.
(1) All manufacturing activity shall be conducted entirely within a fully-enclosed building.
(2) Outdoor storage and display may be allowed subject to Planning Board approval (see § 156.405).
(3) Uses shall not emit smoke, odor or objectionable waste materials.
(4) No vibration shall be produced that is transmitted through the ground (and is discernible without the aid of instruments) at or beyond the lot line.
(5) No direct glare from high temperature processes such as combustion or welding visible from the street shall be permitted.
(G) Recreational club, private. A recreational club shall be located on a parcel of land not less than 3 acres in size.
(H) Retail, neighborhood or general. All activity shall be conducted entirely within a fully-enclosed building, except for the following:
(1) Outdoor storage and display may be allowed subject to Planning Board approval (see § 156.405).
(2) Outdoor seating and dining may be allowed subject to Planning Board approval (see § 156.305).
(3) For shopping centers, see § 156.301 for additional requirements.
(I) Self-storage facility.
(1) All storage shall be contained within a fully-enclosed building. However, outdoor storage of boats, travel trailers, recreational vehicles, and other noncommercial occasional use vehicles may be allowed subject to Planning Board approval (see § 156.405).
(2) A Class C buffer (see § 156.402) shall be established along any side of the property where the self-storage facility abuts or is across the street from a residential use.
(3) Where the end wall of the self-storage facility is visible from a public right-of-way, the wall shall be buffered by a hedge that has a mature height of at least 4 feet.
(4) The following activities shall be prohibited on the premises:
(a) Commercial, wholesale or retail sales, flea markets or peddling, or miscellaneous or garage sales. However, once a month, the management of the self-storage facility may conduct a one-day auction or sale of abandoned or stored materials to settle unpaid storage bills in accordance with State of North Carolina regulations;
(b) Servicing, repair, or fabrication or motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;
(c) Operation of a transfer-and-storage business;
(d) Operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment except when needed for maintenance of the use;
(e) Any activity that is noxious or offensive because of odors, dust, noise, fumes, or vibrations;
(f) Storage of hazardous chemicals, flammable liquids, or combustible and explosive materials; and
(g) Habitation of storage units by humans or animals.
(J) Service, neighborhood or general. All activity shall be conducted entirely within a fully-enclosed building, except for the following:
(1) Outdoor storage and display may allowed subject to Planning Board approval (see § 156.405);
(2) Outdoor seating and dining may be allowed subject to Planning Board approval (see § 156.305); or
(3) For shopping centers. See § 156.301 for additional requirements.
(K) Vehicle repair.
(1) No vehicle sales shall be permitted.
(2) A Class C buffer (see § 156.402) shall be established along any side of the property adjacent to a residential use.
(3) If the facility has more than 1 service bay, the additional service bay doors shall not be oriented toward any residential use, or the service bays shall be screened from view from adjacent property using landscaping.
(4) All repair or service operations, excluding washing, shall be conducted entirely within a fully- enclosed building. The term fully-enclosed building shall not be construed to limit open bay doors during hours of operation.
(5) Operable vehicles may be parked on-site during business hours. All vehicle parking shall be accomplished on the site, and in no case shall a parked vehicle encroach into the right-of-way.
(6) The outdoor overnight storage of vehicles may be allowed subject to Planning Board approval (see §156.405).
(7) There shall be no dismantling of vehicles for salvage.
(8) The storage of impounded vehicles shall not be permitted.
(L) Vehicle sales.
(1) A Class C buffer (see § 156.402) shall be established along any side of the property adjacent to a residential use.
(2) Operable vehicles may be parked on-site during business hours. All vehicle parking shall be accomplished on the site, and in no case shall a parked vehicle encroach into the right-of-way.
(3) The outdoor overnight storage of vehicles under repair may be allowed subject to Planning Board approval (see § 156.405).
(4) Vehicle sales displayed for rental or sale visible from the public right-of-way shall provide a parking buffer as set forth in § 156.402.
(M) Vehicle service.
(1) A Class C buffer (see § 156.402) shall be established along any side of the property adjacent to a residential use.
(2) If the facility has more than 1 service bay, the additional service bay doors shall not be oriented toward the right-of-way or a residential use, or the service bays shall be screened from view from the right-of-way or adjacent property using landscaping.
(3) All repair or service operations, excluding washing, shall be conducted entirely within a fully-enclosed building. The term fully-enclosed building shall not be construed to limit open bay doors during hours of operation.
(4) Operable vehicles may be parked on-site during business hours. All vehicle parking shall be accomplished on the site, and in no case shall a parked vehicle encroach into the right-of-way.
(5) The outdoor overnight storage of vehicles may be allowed subject to Planning Board approval (see § 156.405).
(6) There shall be no dismantling of vehicles for salvage.
(7) The storage of impounded vehicles shall not be permitted.
(N) Veterinarian, animal hospital.
(1) Outdoor runs may be permitted subject to Board of Adjustment approval (see § 156.710).
(2) All animal boarding shall occur indoors. All pens, kennels and runs shall be located within an enclosed structure.
(O) Internet sweepstakes/gaming facilities.
(1) No facility shall be located any closer than 2,000 feet from any other like facility, and no closer than 1,000 feet of a residential dwelling, child daycare, school, pre-school or church. For purposes of this section, the distance shall be measured in a straight line from the closest point of the building housing the internet sweepstakes/gaming establishment and another like establishment or any of the other aforementioned uses.
(2) There shall be no more than 1 electronic gaming operations establishment on the same lot or property or in the same building, structure or portion thereof and no other principal or accessory use may occupy the same building or structure or portion thereof as an electronic gaming operations establishment.
(3) No screens, curtains, blinds, partitions or other obstruction shall be placed between the entrance to the room where electronic gaming operations occur and the rear wall of such room so that a clear view of the interior may not be had from the entrance to the room.
(4) On premises alcohol sales and consumption shall be prohibited.
(5) No person under the age of 18 years shall be permitted within any such facility.
(6) The number of gaming machines shall be calculated at 1 machine/50 square feet of gross floor area, not including restrooms, storage closets, mechanical rooms, and unheated uninhabitable space, to a maximum of 30 machines for any 1 establishment.
(7) Off-street parking shall be required at 1 space per internet/gaming terminals.
(8) Establishments shall not operate between the hours of 11:00 p.m. and 8:00 a.m. any day of the week.
(9) Facilities may be subject to additional conditions as deemed necessary by the governing boards of the Town of Kenly as part of the special use approval process.
(Ord. passed 6- -2019)