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Uses that are prohibited in a zoning district are indicated by a blank in the table. The uses listed may not address all possible uses. In determining if a use is permitted, the UDO Administrator shall consider which category of expressed uses most closely matches the use proposed and apply the regulations pertaining to that category to the proposed use. In determining the use which most closely matches the proposed use, the UDO Administrator shall consider the density and intensity of the use, and anticipated traffic, noise, light, and odor on adjacent properties. If requested, the applicant shall submit evidence to the Administrator of the anticipated traffic, noise, light, or odor of the proposed use. Reports prepared by the applicable professional trade may be required (i.e., transportation engineer, environmental scientist, and the like). Such interpretation shall be provided in writing to the property owner or applicant and subject to appeal by the Board of Adjustment.
(Ord. passed 2-3-2021)
1.13.1 The provisions of this ordinance shall not apply to existing bona fide farms. A bona fide farm is any tract of land containing at least three acres which is used for the production of or activities relating to, or incidental to, the production of crops, fruit, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural or forest products having a domestic or foreign market.
1.13.2 For bona fide farms, this ordinance does not exercise any controls over crop lands, timber lands, pasture lands, idle or other farm lands, nor over any farm house, barn, poultry house, or other farm buildings, including tenant or other houses for persons working on said farms, as long as such houses shall be in the same ownership as the farm and located on the farm. Such agricultural uses maintain the openness of the land and achieve the purposes of this ordinance without the need for regulation. Residences for non-farm use or occupancy and other non-farm uses shall be subject to the provisions of this ordinance.
1.13.3 In accordance with G.S. § 160D-913, the town UDO applies to state-owned lands only when a building is involved.
(Ord. passed 2-3-2021)
No person may use, occupy, or sell any land, structure, or building or authorize or allow the use, occupancy, or sale of any land, structure, or building under his or her control except in accordance with all of the applicable provisions of this ordinance. For the purpose of this ordinance, the use or occupancy of structures and buildings shall relate to anything and everything that is done to, on, or in the land, structures, or buildings.
(Ord. passed 2-3-2021)
No building lot (development site), even though it may consist of one or more adjacent lots of record, shall be reduced in size such that the requirements of this ordinance cannot be met, or the performance standards for building design cannot be respected. This prohibition shall not be construed to prevent the purchase, dedication, or condemnation of narrow strips of land for public utilities or street or sidewalk right-of-way purposes.
(Ord. passed 2-3-2021)
2.5.1 The height limitations of this ordinance shall not apply to water tanks, public utility poles and lines, or steeples, (except that the height of a steeple shall be limited to two times the height of the place of worship), finial, or lightning rod.
2.5.2 Telecommunication towers, where permitted, may exceed the height limit for structures when erected in accordance with this ordinance.
2.5.3 When adjacent to a lot or lots located in a residential district, any part of a nonresidential structure which extends above the height limit shall, at a minimum, be separated from adjacent residential lots by a distance equal to its height measured from the ground.
(Ord. passed 2-3-2021)
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