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§ 153.035  HEIGHT AND AREA EXCEPTIONS AND SUPPLEMENTS.
   The following requirements or regulations qualify or supplement, as the case may be, the zone regulations or requirements appearing elsewhere in this chapter.
   (A)   Public or semi-public buildings,  hospitals,  sanatoriums, schools and churches or temples, where permitted in a zone, may be erected to a height not exceeding 96 feet.
   (B)   Chimneys, water tanks or towers, elevator bulkheads, stacks ornamental towers or spires, wireless or broadcasting towers, or monuments, cupolas, domes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances.
   (C)   Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary protection of sills, belt courses, cornices, buttresses ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
   (D)   Open or enclosed fire escapes, outside stairways, balconies and other necessary unenclosed projections, projecting into a minimum yard or court not more than 50% of the required side yard and the ordinary projections of chimneys and flues may be permitted by the Building Inspector where same are so placed as not to obstruct the light and ventilation.
   (E)   Municipally owned and operated public utility uses including water distribution uses and electric power transmission lines and transformer stations may be located in a residential zone.  Such uses shall  not  include repair or storage  facilities  for supplies or equipment.
(1993 Code, § 91.035)  (Ord. passed 4-6-1981)
§ 153.036  NONCONFORMING USES.
   (A)   Within the zones established by this chapter there may exist buildings, land, uses and farming practices which were lawful before this chapter was adopted but which would be prohibited or restricted under the terms of this chapter.  It is the intent of this chapter to permit these nonconforming uses and practices to continue until they are removed or changed in any way.
   (B)   All  farming  or  agricultural  practices  or  procedures, including livestock operations, in effect at the time of adoption may continue as nonconforming uses, if they are prohibited under the terms of this chapter, but those practices or procedures may not be changed or increased in scope or extent unless in conformity with this chapter.
   (C)   The lawful use of a “building” existing at the time of the passage of this chapter shall not be affected by this chapter, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building are made therein, but no such use shall be extended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period exceeding 180 days, every future use of such premises shall be in conformity with the provisions of this chapter.
   (D)   The lawful use of “land” existing at the time of the passage of this chapter, although such use does not conform to the provisions of this chapter, shall not be affected by this chapter; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter.  If such nonconforming use is discontinued for a continuous period exceeding 180 days, any future use of said land shall be in conformity with the provisions of this chapter.
   (E)   A nonconforming use may be changed to a use of the same or higher classification according to the provisions of this chapter. When a zone shall hereafter be changed, any then existing nonconforming use in such changed zone may be continued or changed to a use of a similar or higher classification provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower  classification. The  order of classification of uses from the highest to lowest for the purposes of this section shall be as follows:
      (1)   Residential uses;
      (2)   Business uses; and
      (3)   Industrial uses.
   (F)   Nothing in this chapter shall be construed to prevent the restoration of a building destroyed to the extent of not more than 80% of its replacement value, exclusive of foundations, by fire, explosion or other casualty or act of God or the public enemy, if such building is repaired or rebuilt within one year of the date of such damage but not thereafter.  A building damaged more than 80% of its replacement value shall be rebuilt to conform to this chapter.  This chapter shall not prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.
(1993 Code, § 91.036)  (Ord. passed 4-6-1981)
§ 153.037  STREAM BUFFER AREAS REQUIRED.
   (A)   Stream buffer. A minimum of 60-foot vegetative buffer is required along all perennial surface waters indicated on the most recent versions of USGS 1:24,000 (7.5 minute) scale topographical maps. A Town representative shall be responsible for determination if surface waters are perennial or intermittent. Desirable artificial stream bank or shoreland stabilization is permitted.
   (B)   Development in buffers. No new development shall be allowed in the buffer, except water dependent structures and public projects such as road crossings, utility extensions and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface water and maximize the utilization of stormwater best management practices (BMPs).
   (C)   Effective date. This section shall become effective on the date of adoption.
(Res. passed 4-30-2001)
§ 153.038  POLITICAL SIGNS.
   (A)   Purpose. The purpose of these regulations is to preserve the legibility and usefulness of necessary signs, to prevent commercial signs from conflicting with or obscuring signs related to the public safety or convenience, to ensure that signs do not become a public hazard or nuisance by reason of their size, placement number or condition and to protect and enhance the overall appearance of the community.
   (B)   Location.
      (1)   No sign shall be erected or constructed so as to interfere with visual clearance along any street or at any intersection.
      (2)   Non-governmental signs shall not be attached to or painted on power poles, light poles, telephone poles, traffic signs or other objects not intended to support a sign. Signs shall not be placed on trees.
   (C)   Condition. All signs shall be maintained in a legible and safe condition. Any sign in a deteriorated, rusting or unsafe condition shall be in violation of this section and the Town Administrator shall order that such sign be repaired or removed. Wherever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Town Administrator shall order that such sign be made safe or removed within ten days.
   (D)   Prohibited signs.
      (1)   Signs that obstruct any window, door, fire escape, stairway, ladder or opening intended to provide light, air, entrance or exit for any building as required by law are prohibited.
      (2)   Signs that obstruct sight distances at intersections or along public rights-of-way are prohibited.
      (3)   Signs that use the words “stop” or “danger,” or which are a copy or imitation of or for any reason are likely to be confused with any sign displayed by public authority are prohibited.
   (E)   Illumination. All lighted signs shall have their lighting directed in such a manner as to illuminate only the face of the sign and shall be shielded so that the source of the light is not visible and does not create a hazard or nuisance for motorists or nearby residents. All lighted signs shall meet North Carolina Electrical Codes.
   (F)   Campaign signs.
      (1)   Campaign signs shall not exceed 16 square feet in area.
      (2) All campaign signs shall be removed within ten days after the election for which they were made.
   (G)   Outdoor advertising.
      (1)   Freeways. Off-premises outdoor advertising signs shall be allowed only on U.S. 117 Bypass.
      (2)   All other highways. Outdoor advertising shall be allowed in all commercial zones including Highway Business, Industrial and Community Shopping.
      (3)   Spacing of signs. No outdoor advertising sign shall be located closer than 750 feet from any other outdoor advertising sign as measured along the same side of a road or highway.
      (4)   Total area. The maximum area for the face of any outdoor advertising sign shall be 400 square feet. The area shall be calculated by using the smallest rectangle which will encompass the entire sign face. Any extensions to the sign or any advertising message or copy on the sign structure, including the name of the outdoor advertising company on the border or trim, shall be included as part of the sign’s total area.
      (5)   Height. The maximum height of an outdoor advertising sign shall be 50 feet and shall be measured as the vertical distance from the ground below the sign to the highest part of the sign.
      (6)   Sign size.
         (a)   The maximum vertical height of the outdoor advertising sign face shall be ten and one-half feet.
         (b)   The maximum horizontal length of the outdoor advertising sign face shall be 40 feet.
      (7)   Separation from other uses. The minimum distance between outdoor advertising signs and existing churches, schools or public institutions shall be no less than 500 feet. The minimum distance between outdoor advertising signs and existing residences shall be 300 feet, however, if written permission is obtained from the owner of affected residence(s) within the 300 foot minimum distance, allowing the outdoor advertising sign to be placed closer than 300 feet, then such permission to place the sign may be granted by the town as long as all other requirements of this section have been met.
      (8)   Setback. All parts of each outdoor advertising sign shall be set back no less than 15 feet from any highway right-of-way line.
      (9)   General requirements.
         (a)   Color of structure. A freestanding sign structure, including the back, shall be painted in a neutral color to blend in with the background environment of the site.
         (b)   Illumination. Outdoor advertising signs may be illuminated in accordance with the following requirements.
            1.    Lighting shall be directed to the face of the sign and shall be shielded so that the source of the light is not visible and does not created a hazard or nuisance for motorists or nearby residents.
            2.   No flashing, rotating or intermittent illumination shall be permitted.
            3.   Any illuminated sign shall meet the requirements of the North Carolina Building Code (Vol. 4) as amended.
      (10)   Number and arrangement of signs. Outdoor advertising signs may be of single face, double-faced back-to-back or V-type design. If signs on the same structure face opposite directions, they shall be considered one sign.
      (11)   Obstructions. Regardless of the requirements of this section, no outdoor advertising sign shall obscure or interfere with official traffic signs, signals or devices or create a traffic hazard.
      (12)   Structural requirements. All outdoor advertising signs shall be of unipole design.
   (H)   Variances. The Town Planning Board, in instances where practical difficulties or unnecessary hardships would result from the strict application of these regulations, may modify or waive certain provisions if such modification or waiver preserves the purpose and intent of these regulations and will not negatively affect the public safety and welfare of the residents of the town.
(Ord. passed 12-3-2012)
§ 153.039  INTERNET CAFÉS.
   (A)   Selling and/or consuming alcoholic beverages are prohibited in internet cafés.
   (B)   Persons under the age of 18 are prohibited from the premises.
   (C)   All internet cafes shall be located at least one 100 feet from any school, church or residential use structure (the structure must have had utilities turned on in the past 12 months to be considered a use), measured from principle building to principle building.
   (D)   The permitted hours of operation for the internet cafés shall be: Monday through Sunday 8:00 a.m. to 12:00 a.m.
   (E)   All uses meeting the definition of “internet café” as defined in § 153.002 of this chapter that were legitimately established prior to July 22, 2011 (this is the date the first one came to town) shall cease operations and close or be brought into compliance with the provisions of this code of ordinances by June of 2013 (date six months from when the ordinance was adopted).
   (F)   Internet cafes shall be operated only on the ground floor of a building and plate glass windows shall be in those parts of the building facing any street, so that a clear and unobstructed view of the interior may be had from the street.
   (G)   No curtains, screens, blinds, partitions or other obstructions shall be placed between the entrance to the room where computers or gaming terminals are stationed and the real walls of the room so that a clear view of the interior may be had from the street.
   (H)   Adequate lighting shall be provided inside the internet café as well as the immediate exterior of the building.
   (I)   The establishment must be a minimum of 500 feet from any other organization containing electronic gaming terminals.
   (J)   The establishment may contain no more than 30 gaming or computer monitors.
   (K)   After the commencement of business operations, the Town Board of Commissioners will have the right to require and may require onsite security on any individual internet café business where there are police reports and/or other police related problems.
   (L)   All games and software must be in compliance at all times with applicable laws of the state.
(Ord. passed 12-3-2012)
SUBDIVISIONS
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