(a) Intent. The R-4 Residential/Office District is established along U.S. 64/74A from the western town limit line to the intersection of N.C. Highway 9 with U.S. Highway 64/74A, excluding those areas currently zoned R-2 and R-3, to provide limited nonresidential uses which will have little impact on the neighboring residential areas. In many cases nonresidential uses may occupy buildings which have been used as residences. If new buildings are constructed, the town recommends that they be of a residential character design.
(b) Permitted uses. Within the R-4 Residential/Office District, a building or land shall be used only for the following purposes:
(1) Any of the permitted uses listed in the R-1 Residential District.
(2) Business and professional offices limited to licensed practice of law, property appraisal and surveying, building contractor, real estate, insurance, accountancy, financial advisement, architecture and building, land development, and notary. Buildings occupied by such uses may not exceed 3,000 square feet total heated area.
(3) No more than two accessory buildings with a total combined area not to exceed 600 square feet.
(4) Customary accessory buildings, including private garages, storage buildings, and noncommercial workshops, shall be allowed for home occupations subject to all provisions of section 36-232.
(5) Residential vacation rentals subject to special requirements contained in section 36-72(1).
(6) Telecommunications facilities and antennae (see section 36-72(4)).
(c) Prohibited uses. Outside storage of any type including the parking or storage of heavy trucks, machinery, or equipment is prohibited in the R-4 district.
(d) Special use permits. The following uses require a special use permit subject to a finding by the board of adjustment that all applicable provisions of article IV of this chapter have been met:
(1) All special uses listed in the R-1 Residential District, except that planned unit developments (PUDs) may include any uses permitted in this district.
(2) Bed and breakfast establishments; provided the owner/proprietor maintains a permanent, primary residence on site. Number of rooms available for rent at any time shall be limited to five.
(3) Lodges.
(4) All new commercial buildings; new building additions with a gross floor area of 1,000 square feet, or more, to an existing commercial building; or any new addition to an existing commercial building where the building facade length, as existing on December 2005, will be increased by more than 50 percent as a result of an addition or multiple additions.
(5) Produce stands.
(6) Accessory residential event venue. In issuing a special use permit for an accessory residential event venue, the board of adjustment may impose reasonable conditions, including a maximum number of events per year and a maximum number of attendees which shall be based on the availability of parking, safe ingress and egress, sanitary facilities, potential impacts to adjacent properties and similar site-specific conditions.
(e) Site requirements. All sites must have a minimum of 10,000 square feet. Lots which abut the street must have 50 feet of frontage on the street.
(f) Front, rear, and side yard requirements.
(1) For lots which abut the street, the building setback shall be not less than 35 feet from the street right-of- way.
(2) For lots which abut the lake, the building setback shall be not less than 35 feet from the lake shoreline.
(3) Side yards shall be not less than 12 feet in depth.
(4) Rear yards shall be not less than 15 feet in depth.
(5) When the lot is used for any nonresidential use, a buffer strip shall be provided along the side and/or rear lot line of any abutting residential use. If a fence or wall is used, such fence or wall shall be opaque and not less than eight feet in height. If a planted buffer is used, such buffer strip shall be composed of evergreen trees or shrubs which at planting will be at least four feet high and at maturity will be not less than eight feet high. This requirement may be modified by the board of adjustment where sufficient natural buffering exists.
(g) Ingress/egress. All nonresidential uses in this district shall be allowed only one means of ingress/egress for each 150 feet of frontage or fraction thereof. All ingress/egress openings for both one-way or two-way traffic shall be a minimum of 20 feet wide and a maximum of 50 feet wide unless otherwise required by the state department of transportation. Landscaped traffic delineators are required between the street and the front yard of the nonresidential use extending the full width of the front yard excepting to allow for entrances and exits. Delineators shall begin at the edge of the right-of-way or six feet from the edge of the pavement, whichever is greater, and shall extend a minimum of two feet toward the front of the structure. The area should be filled with grass, flowers, and/or shrubs not high enough to obstruct a driver's view of traffic. The zoning administrator may modify this requirement where warranted by safety considerations.
(h) Frontage. For purposes of this section, all sites that are double frontage lots or corner lots shall be deemed to have frontage on all such streets. All fronts must adhere to ingress/egress requirements.
(Code 1989, § 92.030; Ord. of 12-12-1995; Ord. of 7-10-2001; Ord. of 5-11-2004; Ord. of 11-15-2005; Ord. of 2-13- 2009; Ord. of 4-13-2010; Ord. of 12-14-2010; Ord. of 4-10-2012; Ord. of 2-12-2019; Ord. No. 21-05-11, 5-11-2021)