The regulations of this district are intended to accommodate future widening of Malcolm Boulevard (SR 1001) from the Catawba River to Interstate 40 and to better increase the aesthetic values of Malcolm Boulevard as the major thoroughfare through the town.
(A) Purposes.
(1) The Malcolm Boulevard Overlay District is designed to create an aesthetically pleasing corridor along Malcolm Boulevard in keeping with the town’s policy of protecting our safe, family-friendly, attractive, predominately residential environment.
(2) This district is intended to protect properties adjacent to the roadway from the noise, activity, light and dust of vehicular traffic by requiring building setbacks and landscaping along the corridor. The Malcolm Boulevard Overlay District does not affect land use regulations or development standards of the underlying zoning districts except as specified in this section.
(3) The specific purposes of the OD-M District are:
(a) To ensure compatibility with any future widening of Malcolm Boulevard;
(b) To encourage appropriate residential and commercial development;
(c) To preserve, enhance and improve the visual quality, function, safety and enjoyment of the Malcolm Boulevard corridor;
(d) To promote orderly development and safe and efficient movement of traffic;
(e) To preserve and enhance the streetscape along Malcolm Boulevard; and
(f) To preserve, enhance and improve the Malcolm Boulevard corridor as a major thoroughfare through a predominately residential area.
(B) District boundaries.
(1) The Malcolm Boulevard Overlay District shall extend along Malcolm Boulevard from the town’s northern-most boundary to the I-40 intersection, including any extraterritorial jurisdictions in the northern part of town.
(2) The width of the Malcolm Boulevard Overlay District shall include the entire area of all lots adjoining either side of Malcolm Boulevard.
(C) Principal uses. Any permitted or special use allowed in the underlying general zoning district or parallel special use district shall be permitted in the OD-M District. In addition, all such permitted and special uses shall also meet all requirements of the OD-M District. Where the requirements of the OD-M district are more restrictive than in the underlying district, the regulations of the OD-M District shall prevail.
(D) Setbacks. Minimum required front yard setback: 30 feet, measured from existing right-of-way.
(E) Sign standards. To reduce clutter, improve visual impact and enhance safety.
(2) Prohibited signs.
(a) Billboards;
(b) Any sign attached to trees or utility poles;
(c) Abandoned or dilapidated signs; and
(d) More than two temporary signs per lot except for political signs.
(F) Development standards.
(1) The following standards to apply to every nonresidential principal structure located inside the OD-M District.
(a) The proposed location of all proposed structures shall be shown on the site plans. For buildings located within the Overlay District (OD), the site plan shall include exterior facades of the proposed buildings (and/or additions) and all other information necessary to show compliance with this section.
(b) Where the facade of any principal structure is visible from a public road, metal materials shall constitute less than 50% of the entire area of such facade.
(c) Windows and building entrances shall comprise at least 50% of the first floor length of any principal structure. On any ground floor level, any window or door shall be horizontally separated by no greater than 15 feet from the nearest other such window or door in the same facade level. If the principal structure contains a second or higher story, each such story shall contain windows that are spaced in a manner complementary to the second story of nearby buildings.
(d) The exterior color finish of all building facades visible from the street shall be of low reflectance, subtle or neutral earth tone colors. High intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
(e) All vegetation shall be installed and maintained to a uniform and well- kept standard, consistent with the spirit of the Malcolm Boulevard Overlay District. During the course of standard maintenance, vegetative waste will be discarded to preserve the sightliness of curb and gutter and parking areas within the district.
(2) Except for single- and two-family dwellings, all streets, driveways, sidewalks, parking areas and other common areas and facilities shall be lighted where necessary to insure the security of property and the safety of persons using the facilities.
(a) In no case shall sources cause direct light or glare upon adjacent property or constitute a hazard to motorists using public streets.
(b) Exterior lighting on any lot shall be designed and directed so that light is confined primarily to that lot.
(G) Exceptions.
(1) If the Planning Board deems it impractical for a developer to comply with portions of this subchapter, the Planning Board shall have the authority to modify or elect not to apply portions of this subchapter, so long as the modification or deletion of a requirement does not constitute a variance.
(2) Any nonconforming structure existing before the adoption of this chapter shall be allowed to expand as long as the new construction falls within existing setbacks.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021; Ord. 152.043(F)(E), passed 11-6-2023)