(A) Generally. This district is established to allow for a mixture of land uses that can be made compatible. The district is intended for the area which lies within the one-mile extraterritorial jurisdiction that has traditionally experienced the siting of different land uses side by side in harmony. While this area is expected to experience an accelerated rate of growth over the next several years compared to its past, that growth is not expected to be at such a density to discourage mixed use development. This district would allow for mixed land uses, yet provide guidelines for siting different uses in close proximity without being objectionable to its neighbor.
(B) Permitted uses.
(1) Single-family dwellings, including Class A and Class B manufactured homes, but excluding Class C manufactured homes;
(2) Two-family dwellings or multiple-family dwellings, excluding Class A, Class B, and Class C manufactured homes;
(3) Single-family homes with live-in help quarters and/or relative quarters, excluding Class A, Class B, and Class C manufactured homes;
(4) Accessory buildings/uses clearly incidental to a permitted use and which will not create a nuisance or hazard, provided that no accessory building shall be rented or occupied for gain, and provided further that no accessory building shall be constructed upon a lot until the construction of the main building has commenced;
(5) Display models;
(6) Any form of agricultural, horticultural, or husbandry uses, excluding swine farms and poultry farms, but including the sale of products on the property where produced;
(7) Churches;
(8) Golf courses and country clubs;
(9) Tennis and swim clubs;
(10) Fire and police stations;
(11) Grounds and facilities for recreation and community center buildings, lakes, parks, and similar facilities operated on a nonprofit basis, but not including miniature golf courses;
(12) Public or private stables;
(13) Home occupations;
(14) Personal service establishments, such as barber shops, beauty shops, and styling salons;
(15) Public buildings (town, county, city, state, federal, or regional authority);
(16) Public schools and private schools, having a curricula approximately the same as ordinarily given in public schools, including, but not requiring, gymnasiums and assembly halls in conjunction herewith;
(17) Public utility distribution lines, but not service or storage yards or transformer substations;
(18) Radio, television, and cellular telephone transmitting stations and towers;
(19) Child day-cares/nurseries/after-school care facilities with an adequate fenced-in outdoor play area;
(20) Family home care facilities (not to exceed six individuals being cared for);
(21) Nursing homes (seven or more individuals being cared for), provided no building so used shall be within 100 feet of any property line;
(22) Convalescent homes, homes for the aged, and homes for children;
(23) Retail/commercial uses and shopping centers (3,500 square feet of gross floor area or less), provided:
(a) Unless otherwise stipulated, the minimum requirement for each yard (front, side, and rear) shall be 30 feet from any street, road, or highway right-of-way and 30 feet from any property line. The minimum setback for each front and each side yard for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum setback for each front and each side yard for a display model shall be 15 feet from a street, road, or highway right-of-way;
(b) A buffer strip adjacent to residential property shall be established. The buffer may be the existing natural vegetation that has an existing height of six feet and width of five feet, or an evergreen planting that will normally be expected to reach a height of six feet within three years;
(c) Exterior lighting shall be limited to those fixtures which avoid glare and do not spill over onto adjacent properties; and
(d) Ingress and egress points shall be designed to allow for safe movement and meet DOT standards.
(24) Retail/commercial uses and shopping centers (more than 3,500 square feet of gross floor area), provided:
(a) Unless otherwise stipulated, the minimum requirement for each yard (front, side, and rear) shall be 60 feet from any street, road, or highway right-of-way and 60 feet from any property line. The minimum setback for each front and each side yard for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum setback for each front and each side yard for a display model shall be 15 feet from a street, road, or highway right-of-way;
(b) A buffer strip adjacent to residential property shall be established. The buffer may be the existing natural vegetation that has an existing height of six feet and width of five feet, or an evergreen planting that will normally be expected to reach a height of six feet within three years;
(c) Exterior lighting shall be limited to those fixtures which avoid glare and do not spill over onto adjacent properties; and
(d) Ingress and egress points shall be designed to allow for safe movement and meet DOT standards.
(25) Office uses, provided:
(a) The minimum requirement for each yard (front, side, and rear) shall be 30 feet from any street, road, or highway right-of-way and 25 feet from any property line;
(b) Exterior lighting shall be limited to those fixtures which avoid glare and do not spill over into adjacent properties; and
(c) Ingress and egress points shall be designed to allow for safe movement and meet DOT standards.
(26) Privately owned cemeteries. Privately owned cemeteries that are one and one-half acres or larger with a maximum total contiguous area less than two acres, all under common ownership, provided, only one entrance from a public road to the cemetery shall be allowed and a perimeter buffer strip/setback (suitably planted so as to effectively screen the cemetery and activities within from abutting properties and public rights-of-way) shall be constructed and maintained around the entire cemetery to an interior depth of 20 feet from the cemetery property line(s); only one accessory use building shall be allowed within the cemetery, provided, the building shall be under the same ownership as the cemetery property
upon which it is located, is only accessible from within the cemetery (not from a public street), and shall be at least 150 feet from any residential dwelling located on land adjoining the cemetery. All privately owned cemeteries described herein above shall also be constructed and maintained according to all applicable North Carolina General Statutes governing the establishment and operation of same.
(C) Special uses.
(D) Building height limits. No building shall exceed 35 feet in height unless the depth of the front and total width of the side yards required herein shall be increased five feet for each ten feet, or fraction thereof, of building height in excess of 35 feet.
(E) Minimum lot requirements.
(1) Minimum lot area:
(a) Where public utilities, either water or sewer, are available: 15,000 square feet;
(b) Where public utilities, both water and sewer, are available: 12,500 square feet; and
(2) Minimum lot width: 100 feet.
(F) Minimum yards.
(1) Minimum required front yard: 30 feet;
(2) Minimum required side yard: 15 feet; and
(3) Minimum rear yard: 15 feet.
(G) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.
(H) Location of gazebos. Gazebos shall be allowed in any yard; provided, the gazebo shall be located at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted gazebos shall be located at least ten feet from the principal dwelling and shall not encroach into any required easement(s). Furthermore, one gazebo shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract. All gazebos located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.
(I) Corner visibility. On a corner lot, within the area formed by a triangle 25 feet from the intersection of right-of-way lines, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average center line grade of each street.
(J) Off-street loading and unloading space. The requirements as established in § 154.125 shall be followed for determining off-street loading and unloading space requirements for uses within this district.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 4-8-2008; Ord. passed 6-29-2021) Penalty, see § 154.999