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(A) Business dealing in any activity which exhibits specified sexual activities or specific anatomical areas.
(B) The display of specific of sexual activities or specific anatomical areas are not the primary function of the establishment, such as, but not limited to:
(1) Adult cabaret, adult lounge, adult bar, adult nightclub, adult carwash;
(2) Business dealing primarily in sexually explicit materials or activities; business dealing primarily in sexually explicit materials or activities including, but not limited to, adult book stores and adult motion picture theaters; or
(3) Massagist as permitted under the Liberty code of ordinances (The business, trade or profession of massagist and the carrying on of the business, trade or profession commonly known as massage parlors, health salons, physical culture studios or similar establishments wherein massage or physical manipulation is carried on or practiced, may be permitted subject to the following requirements):
(a) Minimum lot area as per§ 154.066;
(b) No use permitted under § 154.225 shall be located within 1,000 feet of another like use, as measured from the property line;
(c) No use permitted under § 154.225 shall be located with 1,000 feet of residentially zoned property, as measured from the property line;
(d) No use permitted under § 154.225 shall be located within 1,000 feet of a church or synagogue, as measured from the property line;
(e) No use permitted under § 154.225 shall be located within 1,000 feet of any school (public or private) as measured from the property line; and
(f) Plans shall be submitted:
1. Which meet the requirements of § 154.254; and
2. Plan shall include the following information:
a. Land owner;
b. Lessee; and
c. Hours of operation.
(C) Signs shall be limited to 1 ground sign and not more than 3 wall signs. No portable signs shall be permitted.
(D) Activities taking place on the premises shall be confined to the area inside the structure and not be visible from the street rights-of-way.
(1981 Code, § 836) (Ord. passed 6-28-2004)
(A) Non-conforming lots. If a non-conforming lot of record cannot be used in conformance with all regulations other than those pertaining to minimum area or width, a special use permit may be issued if the following findings are made:
(1) The proposed use of the lot is one permitted by the regulations applicable to the district in which the property is located; and
(2) (a) The property can be developed as proposed without any significant negative effect on the surrounding property or the public health, safety or welfare.
(b) The Town Council may allow deviations from applicable dimensional requirements (such as setback lines and minimum yard sizes) if it finds that no reasonable use of the property can be made without the deviations.
(B) Non-conforming situations; repairs to property. Maintenance and repair of property are encouraged. If proposed repairs to a nonconforming property are estimated to exceed 50% or more of the appraised value of the property to be renovated, a special use permit may be issued subject to the following:
(2) The renovation will not make the property more incompatible with the surrounding neighborhood;
(4) A building permit for the repair or renovation must be obtained from the Building Inspector.
(C) Non-conforming use; change to another non-conforming use. The Town Council may issue a special use permit to allow property used for a nonconforming use to be changed for use to a different nonconforming use, if the following findings are made:
(1) The proposed new nonconforming use will be more compatible with the surrounding neighborhood than the old nonconforming use in operation at the time the permit is applied for;
(2) If a nonconforming use is changed to any use other than a conforming use without obtaining a special use permit pursuant to §§ 154.250 through 154.254 below, that change will constitute a discontinuance of the nonconforming use with consequences as stated in §§ 154.250 through 154.254 below; and
(3) The above divisions (C)(1) and (2) shall apply equally to situations including any combination of nonconforming uses, or of conforming and nonconforming uses existing on any 1 lot or parcel of land.
(D) Reinstatement of a discontinued nonconforming use. If a nonconforming use has been discontinued for a period of 180 days or more, the Town Council may issue a special use permit to allow a reinstatement of that nonconforming use, subject to the following:
(1) The nonconforming use has been discontinued for a period of less than 2 years; and/or
(2) The discontinuance resulted from factors that, for all practical purposes, were beyond the control of the person or persons maintaining the nonconforming use.
(E) Allowing property to be used for a conforming use without correcting an existing nonconforming situation. The Town Council may issue a special use permit to allow property to be used for a conforming use without requiring correction of an existing nonconforming situation, if the following findings are made:
(1) The nonconforming situation cannot be corrected without undue hardship or expense; and
(2) The nonconforming situation is of a minor nature that does not adversely affect the surrounding property, or the general public, to any significant extent.
(1981 Code, § 837) (Ord. passed 6-28-2004)
(A) All mental institutions/sanitariums shall have direct frontage onto a collector or arterial street, as shown on the Thoroughfare Plan.
(B) The minimum lot size shall be 5 acres with a minimum frontage of 200 feet.
(C) The structures shall be located a minimum of 200 feet from any zoning lot boundary.
(D) Signs shall be limited to 1 non-illuminated sign with a maximum area of 6 square feet. No other external evidence of the mental institution/sanitarium for identification or advertising purposes shall be permitted.
(E) At the time of the special use request, the operator of a facility shall provide information on, and if approved, shall utilize adequate measures to prevent the unauthorized exit of the patients. The more dangerous the patients are to the public, the more elaborate and certain the security measures shall be.
(H) The facility shall comply with all applicable federal, state and local requirements.
(1981 Code, § 838) (Ord. passed 6-28-2004)
(A) All professional residential facilities shall have direct frontage onto a collector or arterial street, as shown on the Thoroughfare Plan.
(B) No use shall be established with 1/2 mile of another like use.
(C) No sign identifying the facility shall be permitted beyond the name of the facility on the mailbox.
(D) At the time of the special use request, the operator of the facility shall provide information on, and if approved, shall utilize adequate measures to prevent the unauthorized exit of the patients. The more dangerous the patients are to the public, the more elaborate and certain the security measures shall be.
(G) The facility shall comply with all applicable federal, state and local requirements.
(1981 Code, § 839) (Ord. passed 6-28-2004)
Game rooms may be permitted in B2 Districts subject to the following requirements:
(A) The site shall have direct access to a major or minor thoroughfare as shown on the Thoroughfare Plan;
(C) A site plan showing compliance with the requirements for a zoning compliance permit, as required by § 154.269, shall be submitted;
(D) Signage shall be limited to 1 ground sign and not more than 2 wall signs. No portable signs or banners shall be permitted. No printed material, slide, video, photograph, written text, live show or other visual presentation format shall be visible from outside the walls of the establishment;
(F) No game room shall be located within 350 feet of residentially zoned property nor shall a game room be located within 1,000 feet of any other game room. Measurements shall be from the nearest property line to nearest property line;
(G) Activities taking place on the premises shall be confined to the area inside the structure and shall not be visible from the street rights-of-way;
(H) Failure to comply with the plans approved by the Town Council or with any conditions imposed upon this special use permit shall cause the permit to immediately become void and of no effect as set forth in § 154.198; and
(I) Game Rooms approved under this special use permit shall be supervised and operated by a person over 21 years of age who:
(1) Has not been convicted or plead guilty or no contest to any criminal offense involving moral turpitude, gambling or the unlawful possession, sale, distribution or use of any alcoholic beverage or controlled substance within the 5 years next preceding the date of the application for a special use permit; and
(2) Is a resident of North Carolina or does have a registered agent in North Carolina who is authorized to accept service of process.
(1981 Code, § 840) (Ord. passed 6-28-2004; Am. Ord. passed 3-23-2020)
No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Conditions may arise from the absence or improper implementation of a spill containment plan for hazardous materials or any other situation found to pose a threat to water quality.
(A) Application of this SUP shall demonstrate that the proposed hazardous materials which are to be stored cannot pose a threat of contamination to the water supply.
(B) All spill containment structures and plans shall be designed by a North Carolina registered professional engineer or architect.
(C) (1) All spill containment structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance.
(2) Financial assurance shall be in the form of a security performance bond.
(3) The bond shall be in an amount equal to 1.25 times the total cost of the spill containment structure. (The total cost shall include the value of all materials; design and engineering; and grading, excavation, fill and the like. The costs shall not be prorated as part of a larger project, but rather under the assumption of an independent mobilization).
(D) The applicant shall enter into a binding operation and maintenance agreement between the Watershed Review Board and all interests in the development. The agreement shall require the owning entity to maintain, repair, and if necessary, reconstruct the spill containment structure in accordance with the operation and management plan or manual provided by the developer. The operation and maintenance agreement shall be filed with the Randolph County Register of Deeds by the Watershed Review Board.
(E) The spill containment structure shall be inspected by the Watershed Administrator, or his or her designated representative, after the owning entity notifies the Watershed Administrator that all work has been completed. At this inspection, the owning entity shall provide:
(1) A certification sealed by an engineer or architect stating that the spill containment structure is complete and consistent with the approved plans and specifications; and
(2) The Watershed Administrator shall approve the materials submitted by the developer and the inspection report.
(a) A watershed protection occupancy permit shall not be issued for any building within the permitted development until the spill containment structure and/or plan is approved.
(b) All spill containment structures shall be inspected at least on an annual basis to determine whether the controls are performing as designed and intended.
(c) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed.
(d) All improvements shall be made consistent with the plans and specifications and the operation and maintenance plan or manual.
(e) After notification by the owning entity, the Watershed Administrator shall inspect and approve the completed improvements.
(1981 Code, § 841) (Ord. passed 6-28-2004)
Transfer stations may be permitted in I and IP districts subject to the following requirements.
(A) A site plan meeting the requirements of § 154.254 below shall be submitted as part of the application for this permit. The plans shall also incorporate additional information as required to indicate compliance with other requirements of this section.
(B) The use shall be located on a major or minor thoroughfare or within an industrial development with direct access to the thoroughfare (direct access shall mean without having to travel residential streets).
(C) Actual transfer activities shall be conducted within an enclosed structure.
(E) Storm water control meeting all local, state and federal requirements shall be submitted as part of the required plans.
(F) If the property adjoins residential districts, in addition to the required buffering and screening, a setback of 100 feet for all activities shall be observed.
(G) At the close of each business day, the facility shall be left in a clean and sanitary manner. Written plans indicating compliance with this requirement shall be submitted as part of the application.
(H) Evidence of compliance with all applicable requirements of the Zoning Chapter shall be submitted as part of the application.
(1981 Code, § 842) (Ord. passed 6-28-2004)
Single-family dwellings may be permitted in I and IP districts subject to the following findings:
(A) The dwelling is to be built and occupied by the property owner or other family member; and
(B) The dwelling will not place anyone in danger due to proximity to any industrial use.
(1981 Code, § 843) (Ord. passed 6-28-2004)
(A) Where structures are permitted by § 154.018 to exceed the height limits set forth the following shall apply.
(B) For each foot of height over the permitted height in§ 154.066(A) any permitted structure shall be set back from any property line as follows:
(1) If the adjoining property line is a residential line, an additional foot of setback shall be provided for each foot of height over the established height limit;
(2) If the adjoining property line is a commercial or industrial line, an additional 1/2 foot of setback shall be provided for each foot of height over the established height limit; and
(3) A site plan meeting the requirements of § 154.269 below shall be submitted as part of the application for this SUP.
(1981 Code, § 844) (Ord. passed 6-28-2004)
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