(A) The area, yard, and height requirements shall be the same as those established for each zoning district in § 155.054. Additional standards that apply exclusively to the CC commercial corridor overlay district are found in § 155.075. In addition, maximum build-to lines are also established in § 155.054 for all non-residential uses (except industrial uses) in the NB and HB zoning districts.
(B) Site plans are required before the Zoning Enforcement Officer and/or the Project Review Committee can render any decision. At least three copies of all required plans, drawings and specifications shall be filed at the time of application. These plans and specifications shall furnish the following information:
(1) The applicant shall provide a boundary survey and vicinity map showing the property's total acreage, zoning classifications, general location in relation to major streets, railroads and/or waterways, date, north arrow, existing easements, reservations and rights-of-way.
(2) Plans shall include topographical features, streams, vegetation, soil types, flood prone areas, historic sites and other features, as required by the town.
(3) The proposed schedule of development, including phases or stages likely to be followed, shall be submitted with all plans.
(4) (a) Plans shall show the location of public water and sewer lines presently in existence, connections to these lines, manholes, pumping stations, fire hydrants, and other necessary features as established by the part of the town. All multi-family projects must have public water and sewer service or approved treatment facilities as are required by the appropriate state or local authorities.
(b) Where a public water and/or sewer service is not reasonably available, individual water supply systems or subsurface sewage disposal systems may be permitted subject to approval by the County Health Department and the requirements stated in this code.
(5) Stormwater drainage system. The locations of natural drainage systems and/or stormwater management installations are required on the plans. These features shall be designed, constructed and maintained so as to:
(a) Provide for the natural infiltration of stormwater;
(b) Control the velocity of runoff flows;
(c) Extend the time of concentration of stormwater runoff; and
(d) Collect and transmit excess stormwater flows into either the town drainage system or into a natural drainage system. The following criteria shall also be considered:
1. To the extent practicable, all development shall conform to the natural contours of the land and natural and preexisting man-made drainageways shall remain undisturbed.
2. All storm drainage systems shall be designed to carry stormwater from a ten-year frequency storm.
3. No surface water may be channeled or directed into a sanitary sewer.
4. All development shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of the development. More specifically:
a. No development may be constructed or maintained so that the development unreasonably impedes the natural flow of water from higher adjacent properties across the development, thereby unreasonably causing substantial damage to higher adjacent properties.
b. No development may be constructed or maintained so that surface waters from the development are unreasonably collected and channeled onto lower adjacent properties at locations and volumes so as to cause substantial damage to lower adjacent properties; and
c. Concrete curb or curb and gutter is required to adequately direct and control storm water in all paved parking lots. However, this requirement may be waived if a professional engineer (P.E.) can certify that:
i. Drainage from parking lot follows topography;
ii. Parking lot does not create erosion or decay of surroundings;
iii. Parking lot drainage does not adversely impact adjacent properties; and
iv. Construction must be in compliance with all applicable codes, including NPDES, Rowan County Erosion Control and zoning ordinances
(6) (a) Predevelopment site grading, for the purpose of this chapter, is any land disturbing activity of 6,000 square feet or more that is not regulated by a site plan previously approved by the town.
(b) The grading may be considered a low impact or high impact activity based on the table below.
Low Impact Activity | High Impact Activity |
Land disturbing activity is more than 100 feet from a residential district | Land disturbing activity is 100 feet or less from a residential district |
The steepness of the proposed slope at clearing limit is 3:1 horizontal to vertical or flatter | The steepness of the proposed slope at clearing limit is greater or steeper than 3:1 horizontal to vertical |
The height of the proposed grade change from a cut or fill is less than equal to 3 feet | The height of the proposed grade change is greater than 3 feet |
(c) If one or more of the high impact activities exist, it is considered high impact.
(d) For a low impact activity, a predevelopment site grading permit can be secured following a review and approval by the Zoning Administrator. If denied by the Zoning Administrator, he or she shall state in writing the reasons for his or her denial. If the Zoning Administrator denies issuing the permit, the matter can be appealed to the Board of Adjustment.
(e) For a high impact activity, a predevelopment site grading permit shall be reviewed and recommended by the Technical Review Committee before being considered for approval or denial by the Planning Board. In the case of the high impact activity being a land disturbing activity which is 100 feet or less from a residential district, property owners within 100 feet of any land disturbing activity shall be notified in writing, by first class mail of a public hearing to be conducted by the Planning Board prior to consideration of issuance of the permit. If the Planning Board denies issuing the permit, the matter can be appealed to the Board of Adjustment.
(7) The proposed location and design of streets, curbs and gutters and streetlights shall be included on the site plans.
(8) Proposed street access, easements, monuments and property lines shall be included as part of the site plans.
(9) The proposed location and design of sidewalks shall be included as part of the site plans.
(10) The proposed location of all proposed structures shall be shown on the site plans. For buildings located within the CC district, the site plan shall include exterior faades of the proposed buildings (and/or additions) and all other information necessary to show compliance with § 155.075.
(a) Buildings shall, after complying with all other applicable regulations, be located as near the front property line as possible with parking areas located either to the rear or sides of the principal building.
(b) In the event that it is not practicable to adhere to the standards of subsection (a) above, the Project Review Committee shall require that the parking area landscaping standards outlined in § 155.074 be increased by a factor of two.
(11) The type and arrangement of streets and driveways within the development shall be in compliance with the Town Thoroughfare Plan.
(a) Principal vehicular access points to the development shall be designed to encourage smooth traffic flow with minimum hazards to pedestrians, bicycles and vehicular traffic. Accommodations for controlled turning movements into and out of the development and improvement of the approach street shall be provided where existing or anticipated heavy traffic flows indicate need.
(b) To insure safe sight distances where streets intersect and where driveways intersect streets, a minimum clear vision area shall be provided at the corners of the intersections. No structure or planting that would impede visibility shall be established in the clear vision area. Grading of land may be required where topography impedes the required clear vision area.
(12) (a) Every principal use must have access to a source of electric power and telephone service adequate to accommodate the reasonable needs of the use.
(b) All new electric power lines, including primary and secondary distribution lines and service laterals, telephone and cable television lines necessary to provide service to a lot or development shall be placed underground in a manner acceptable to the regulations and standards that govern the utility.
(13) 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. In no case shall sources cause direct light or glare upon adjacent property or constitute a hazard to motorists using public streets.
(a) Exterior lighting on any lot shall be designed and directed so that light is confined primarily to that lot.
(b) The average intensity illumination for outdoor lighting on a piece of property shall not exceed six foot candles as measured at grade.
(c) No searchlights or other high intensity lighting devices used primarily to illuminate the night sky shall be permitted.
(d) No external lighting device shall exceed a height of 20 feet as measured from the ground immediately below the light fixture.
(14) Every site upon which one or more dumpsters are to be placed shall be located and constructed so as to facilitate collection and minimize any harmful effect on persons occupying the development site, neighboring properties or public rights-of-way. Those developments hereafter established that are required to provide a refuse container shall locate the container on the property it serves. The site shall be paved with concrete, asphalt or other bituminous paving and shall be located abutting a driveway of sufficient width to allow access by the town's solid waste collection equipment. Sites and means of access shall be approved by the Town Planner. All dumpsters shall be screened where, in the absence of screening, they would be clearly visible at dumpster level to:
(a) All dumpsters shall be screened where, in the absence of screening, they would be clearly visible at dumpster level to:
1. Persons located within any dwelling unit on residential property other than that where the dumpster is located;
2. Occupants, customers or other invitees located within any building on nonresidential property other than that where the dumpster is located, unless the other property is used for purposes permitted exclusively in the zoning district; and
3. Persons traveling on any public street, sidewalk, or bikeway within the town.
(b) Enclosures shall be constructed of durable, weatherproof, permanent materials. All solid waste dumpsters or other large containers for external solid waste storage shall have a lid placed on the container to minimize the potential contamination of stormwater runoff.
(c) Screening shall consist of a solid opaque device that is at least six feet in height, or at least one foot higher than the height of the dumpster, whichever is greater, and have latching gates to provide access. Materials and color used on the exterior of said device shall be compatible and consistent with those used on the principal structure(s) on the site.
(d) Enclosures shall be constructed of durable, weatherproof, permanent materials.
(e) All solid waste dumpsters or other large containers for external solid waste storage shall have a lid placed on the container to minimize the potential contamination of stormwater runoff.
(15) (a) In order to reduce the impacts of a use of land on adjacent incompatible uses, buffers and screening shall be required at each boundary between different zoning districts or different developments, for example, two different shopping centers. Adult establishments may not have buffers or screening of any kind.
(b) Within buffers, screening is required and shall consist of one or a combination of the following materials, as deemed appropriate and necessary by the Project Review Committee. The width of screening required will vary depending on the type and effectiveness of screen used.
1. A row of deciduous trees and/or evergreen trees which are not less than 8 feet high at the time of planting and are spaced no more than 20 feet apart;
2. A row of evergreen shrubs spaced not more than five feet apart which will grow to form a continuous hedge at least six feet in height within two years of planting. The shrubs shall be not less than two feet in height at the time of planting;
3. Berms with lawn grass, low-growing evergreen shrubs, evergreen ground cover and/or organic or rock mulch; and
4. Solid decorative brick walls and wood fences.
(c) Alternative methods of buffering and screening may be permitted if, upon submission of detailed plans to the Project Review Committee, the Committee finds that the alternative methods will afford a degree of buffering and screening equivalent to that provided by the above requirements.
(d) The retention of existing vegetation shall be maximized to the extent practicable wherever the vegetation contributes to required buffering and screening or to the preservation of significant trees.
(e) All landscaping and screening required by this section shall be maintained so as to continue its effectiveness.
(16) (a) Outdoor storage areas ancillary to the principal use of the lot shall not be used for the storage of any noxious and hazardous materials including, but not limited to: construction wastes, scrap, salvage or debris; flammable or explosive liquids or substances; substances creating noxious fumes, vapors, dusts or wastes; automobile tires, and any other similar materials deemed to constitute a health hazard or public nuisance. All outdoor storage may be conducted in side or rear yard areas only.
(b) Outdoor storage areas must be maintained to prevent the spillover of stored materials on abutting land or public rights-of-way, preserve the safety of pedestrians on adjoining sidewalks, prevent fire hazards, prevent the threat of breeding places for rats and vermin, prevent the possible uses of the yards as hiding places for criminal activity, and to eliminate the attraction of materials stored within to children playing. The storage area shall be fenced with a strong, secure, visually impenetrable fence of suitable materials of at least six feet in height.
(c) Nothing in this section shall be construed as to prevent the town or other appropriate agencies from removing illegal junk and scrap yards from any zoning district within its jurisdiction.
(17) Rooftop HVAC equipment shall be concealed by a parapet or via an enclosure consisting of materials similar in nature to that contained elsewhere on the structure. External ground level-mechanical appurtenances shall not be located on teh lot so as to be visible from any adjoining public street.
(18) The following standards to apply to every non-industrial principal structure located outside the CC district, but otherwise located in a NB or HB zoning district; and visible from a public road:
(a) If the façade of any such principal structure is visible from a public road, metal materials shall constitute less than 50% of the entire area of such façade.
(b) 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 façade 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.
(c) The outdoor placement of goods for sale at the retail level shall be allowed, provided such goods are not placed in the street-right-of-way. All such goods that are visible from a public street shall be subject to the following regulations:
1. Such goods shall be limited to those that can be readily carried without the assistance of a moving device (i.e., be less than 50 pounds in weight);
2. Such goods shall be displayed during hours of operation only.
All other goods that are visible from a public street shall be screened in accordance with § 155.073(B)(15).
(d) The exterior color finish of all building faades 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) Building faades for all new principal buildings which are readily identifiable by shape, size, orientation, color or other constructed features (irrespective of whether they meet all the other criteria contained in this section) that readily identify that use contained in that building with a national corporate image or logo, shall be prohibited (except for certain signage allowances as contained in § 155.096). To aid the traveling public and further located businesses, HB-zoned parcels located within a 2,000-foot radius from the centerline of the intersection of Long Ferry Road and Interstate 85 will be exempt from this prohibition.
(19) Demolition bonds shall be required for any individual retail structure (irrespective of zoning district) built or expanded after the effective date of this section. Demolition bond requirements shall be as follows:
(a) A demolition bond shall be required to be issued by the Spencer Town Board prior to the issuance of a certificate of occupancy by the town for any new retail structure that has a gross leasable area of greater than 10,000 square feet or for an expansion to an existing retail structure by a factor of 50% or more, with such expansion resulting in a building gross leasable area of 10,001+ square feet.
(b) The value of the bond shall be determined by a demolition professional licensed to do business in North Carolina and shall be equal to 125% of the then present cost of demolishing the building housing the use in question. Such bond shall be valid for a period of ten years following its approval by the Town Board. At the end of the ten-year period, the bond (and certificate of occupancy) shall become null and void unless a new demolition bond (in an amount equal to at least 125% of the cost of then demolishing the use housing the structure) is approved by the Town Board. The town reserves the right to use the proceeds from the bond to have the structure housing such use to be demolished if such structure remains vacant (i.e., not used for any allowable principal use for which a certificate of occupancy is required) for a period of three consecutive years.
(20) The following standards apply to every principal structure located in the IB district:
(a) Adjacent lots shall be interconnected via access drives to alleviate traffic on the main thoroughfare, except in the case of steep topography existing prior to any grading or development between the sites. Each parking area that is interconnected may reduce their minimum parking requirement by 5%. Access drives shall facilitate two-way vehicular traffic and be composed of the same materials used for the principal parking area.
(b) Building front must face public right-of-way.
(c) No exterior metal walls are to be allowed if visible from public rights-of-way. Architectural elements such as windows and doors, window hoods, transoms, awnings, and canopies are encouraged. Windows and building entrances shall comprise at least 25% of the first floor length facing the public right-of-way on a principal structure. On any ground floor level, any window or door shall be horizontally separated by no greater than 25 feet from the nearest other such window or door on the facade wall. 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) If goods are to be sold outside at the retail level, the goods must be located within a contained area in the side yard or located under a covered device, such as an awning or canopy affixed to the principal structure. Other items larger than 75 pounds for sale at the retail level must be located in the side yard.
(e) Backflow preventer screening is required if above-ground backflow preventer is located in front yard. Screening materials shall be vegetative in nature and be further specified by the Project Review Committee. Screening must meet Salisbury-Rowan Utilities standards for accessibility to maintain the preventer and allow accessibility for fire access, as determined by the Fire Chief.
(f) Pedestrian accessibility to all principal structures within the IB district is required. Accordingly:
1. For all principal buildings constructed after the effective date of this chapter,
2. For all principal buildings that are physically expanded after the effective date of this chapter, and
3. For all principal buildings whose exterior facades that face or are visible from a public street are altered after the effective date of this chapter, such buildings shall install a pedestrian entryway opening to a public street. Access from the adjoining public sidewalk, street right-of-way or driveway to the principal structure shall be provided through an improved surface. All such new, expanded or altered principal structures shall be furnished with direct entrance from the sidewalk.
(`94 Code, App. C, Art. VII, § 4) (Am. Ord. 96-3, passed 2-13-96; Am. Ord. 97-02, passed 5-13-97; Am. Ord. 04-02, passed 2-10-04; Am. Ord. 04-06, passed 9-14-04; Am. Ord. 05-05, passed 10-11-05; Am. Ord. 07-07, passed 10-9-07; Am. Ord. 09-05, passed 11-10-09; Am. Ord. 11-05, passed 6-14-11) Penalty, see § 155.999