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8.101.1 Exemptions. The following are exempt from these wireless telecommunications facilities (WTF) conditions:
A. Satellite dishes less than four feet in diameter in residential districts;
B. Regular maintenance and/or upgrade of antenna elements of any existing wireless communications facility that does not include the addition of any new antenna elements, feed lines, and associated support equipment on the facility or the placement of any new wireless communications facility;
C. A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the town or county; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this division section beyond the duration of the state of emergency; and
D. Antenna supporting structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission.
8.101.2 Standards.
A. Nonconforming towers. Replacement of nonconforming WTFs existing as of the effective date of this ordinance, damaged by natural causes, will meet the standards of this ordinance. Repairs to nonconforming WTFs, damaged by natural causes, will be made in accordance with the ordinance under which it was initially installed.
B. Siting.
1. Siting of a WTF shall be in accordance with the following descending hierarchy:
a. Attached to an existing WTF;
b. Attached to a utility infrastructure (such as an overhead power transmission line);
c. Attached as a stealth WTF to an existing building or structure in a nonresidential zoning district;
d. Attached to an existing building or structure in a nonresidential zoning district;
e. Located as a monopole in a nonresidential zoning district;
f. Attached as a stealth WTF to an existing nonresidential building or structure in a residential zoning district;
g. Attached to an existing nonresidential building or structure in a residential zoning district; and
h. Located as a monopole on a lot of a nonresidential use within a residential zoning district.
2. The applicant must file relevant information as indicated in an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical, or justified given the identified needs of the service provider, the location of the proposed (and alternate) sites.
3. The WTF shall be contained within one parcel.
4. When located next to a residential zoning district, new WTFs may only be permitted on parcels with a minimum lot size of five acres.
8.101.3 Dimensions. WTFs shall conform to the following dimensional requirements.
A. Design. Towers shall be a monopole construction; guidelines and guyed towers shall not be permitted. Towers will be designed to support a minimum of four users.
B. Height.
1. Attached WTF. The top of the WTF may not be more than 30 feet above the building or structure to which it is attached.
2. Freestanding WTF. This measure shall include the foundation of the WTF, but exclude lightning rods for the dissipation of lighting or lights required by the FAA that do not provide support for any antennas. The maximum height will be 160 feet in all districts. An additional 20 feet in height will be allowed for every four additional antennas.
3. Mitigation of an existing WTF. The maximum height of a new WTF arising from mitigation shall not exceed 125% of the height of the tallest WTF that is being mitigated.
C. Setbacks.
1. Attached WTF. The building or structure to which the WTF will be attached shall maintain the normal setbacks of the district.
2. Freestanding WTF. Setbacks for WTFs shall be determined according to the underlying zoning district, plus an additional one foot of setback (on each side) for every one-foot of tower height. The Zoning Administrator may approve reductions to this setback requirement as a part of the special use permit approval with certification by a registered engineer that the resulting setbacks provide adequate fall area in case of a tower collapse.
3. Mitigation of an existing WTF. A new WTF approved as mitigation shall not be required to meet setback requirements so long as the new WTF is no closer to any property lines or dwelling units as the WTF being mitigated and a certification by a registered engineer that the resulting setbacks provide adequate fall area in case of a tower collapse.
D. Buffers.
1. A landscaped buffer shall surround the base of the WTF equipment compound. Existing trees and shrubs on the site shall be preserved and may be used in lieu of some or all of the required landscaping as approved by the Zoning Administrator. Grading shall be minimized and limited only to the area necessary for the new WTF.
2. If the proposed WTF is to be located in front of an existing structure on the same lot, a street buffer shall also be required.
3. Security fencing at least eight feet in height shall be placed around the entire perimeter of the facilities.
4. Security fencing at least eight feet in height shall be placed around the entire perimeter of the facility.
E. Location of existing towers. In no case shall a telecommunications tower be located closer than two miles from another tower unless the builder, user, carrier, and the like, can establish through competent evidence and documentation either that:
1. It is in the best interests of the community that the proposed tower be located less than two miles from another tower; or
2. It is necessary for technical and/or capacity reasons that the proposed tower be located less than two miles from another tower.
8.101.4 Aesthetics.
A. Stealth attached WTFs, including feed lines and antennas, shall be designed so as to be compatible with the facade, roof, wall, or structure on which it is affixed so that it matches the existing structural design, color, and texture.
B. Freestanding WTFs shall be designed so as to be compatible with adjacent structures and landscapes to the extent feasible with specific design considerations as to height, scale, color, and texture.
C. Commercial messages may not be displayed on any WTF.
8.101.5 Application requirements. In addition to all of the requirements of a site plan review, the following information must be supplied with the application for WTFs:
A. Identification of the intended user(s) of the WTF and evidence supporting the need for a new antenna or a new tower;
B. A certified report by a registered engineer or other qualified professional of diligent efforts to locate an appropriate site based on the hierarchy established elsewhere in this Article;
C. For the proposed use of an existing facility, a report evaluating the adequacy of all alternative existing facilities to meet the applicants need and the reasons existing higher hierarchical preferred facilities cannot be used; and
D. In the case of a new WTF:
1. Evidence that no existing WTF can accommodate the applicant’s proposed antenna(s); or that use of such existing WTFs would prohibit personal wireless services in the area of the town to be served by the proposed WTF structure;
2. Evidence that the WTF has sufficient structural integrity to accommodate multiple future users, and the number of additional users that can be accommodated on the proposed WTF is specified. The builder, user, carrier, and the like, shall also submit documentation that the owner of the tower or antenna is willing to permit other user(s) to attach accessory communications facilities which do not interfere with the primary purpose of the tower or antenna, provided that such other user(s) agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment;
3. That in the event of a collapse, the proposed WTF facility has been engineered to fall in a radius of less than the provided setback;
4. Report on service gaps or service expansions that are addressed by the proposed WTF (“the proposed service”), and accompanying maps and calculations;
5. That the facility meets or exceeds applicable American National Standards Institute (ANSI) standards as adopted by the FCC in order to protect the public from unnecessary exposure to electromagnetic radiation;
6. A statement that the proposed facility is the least visually obtrusive, as defined herein, and that the proposed facility conforms with state of the art, as defined herein, or alternatively, that state of the art technology is unsuitable for the proposed facility. Costs of state of the art technology that exceed customary facility development costs shall not be presumed to render the technology unsuitable; and
7. A listing and locations of any possible/future additional towers that may be necessary to meet the users long-term overall goals.
8.101.6 Third party review. When due to the complexity of the methodology or analysis required to review an application for a wireless communication facility, the Zoning Administrator may require the applicant to pay for a technical review by a third party expert selected by the town, the costs of which shall be in addition to other applicable fees. Based on the results of the expert review, the approving authority may require changes to the applicant’s application or submittals.
8.101.7 Mitigation. The intent of WTF mitigation is to reduce the number of WTFs (especially nonconforming facilities) and replace existing WTFs with new facilities to improve network functionality and increase overall compliance with this Article. To qualify as WTF mitigation, a proposal shall accomplish a minimum of one of the following:
A. Reduce the number of overall WTFs;
B. Reduce the number of nonconforming WTF types; or
C. Replace an existing WTF with a new WTF resulting in compliance with this Article.
8.101.8 Approval authority.
A. The Zoning Administrator shall be responsible for the approval of stealth attached WTFs, and co-location on existing antenna supporting structures, except those located within 300 feet of a designated State of North Carolina Scenic Byway.
B. In addition to the requirements for special use permits, the Planning Board, in determining whether a WTF is in harmony with the area, or the effects and general compatibility of a WTF with adjacent properties may consider the aesthetic effects of the WTF as well as mitigating factors concerning aesthetics. The Planning Board may disapprove an application on the grounds that the WTFs aesthetic effects are unacceptable, or may condition approval on changes in WTF height, design, style, buffers, or other features of the WTF or its surrounding area. Such changes need not result in performance identical to that of the original application. Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways and historic sites, the concentration of WTFs in the proposed area, and whether the height, design, placement, or other characteristics of the proposed WTF could be modified to have a less intrusive visual impact.
8.101.9 Construction and operation.
A. WTFs shall be constructed and maintained in conformance with all applicable building code requirements.
B. WTFs may not interfere with normal radio and television reception in the vicinity.
C. Lighting may not exceed the FAA minimum standard. Lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.
D. The WTF equipment compound may not be used for the storage of any excess equipment or hazardous materials, nor be used as habitable space. No outdoor storage yards shall be allowed in a WTF equipment compound.
E. There shall be minimum eight-foot high fence installed and maintained by the owner of the telecommunications tower around the perimeter of the tower compound, except that security fencing shall not be required for accessory communication facilities.
8.101.10 Public service access. At the request of any local governing authority, a license shall be granted to such local governing authority to place public service communication antennas or other public service communication devices on the telecommunications tower or antenna, provided that such communication antennas or other public service communication devices do not interfere with the function of the telecommunications tower or antenna, or array of antennas of the operator or owner or other existing service providers located on the tower or antenna.
8.101.11 Interference with public safety communications.
A. In order to facilitate the town regulation, placement, and construction of WTFs and their interaction with the town public safety and emergency services communications equipment, all applicants requesting a permit for a WTF under this section shall agree in a written statement, to the following:
1. Compliance with good engineering practices as defined by the FCC in its rules and regulations;
2. Compliance with FCC regulations regarding susceptibility to radio frequency interference (RFI), frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to RFI; and
3. In the case of co-location of telecommunications facilities, the applicant, together with the owner of the site, shall provide a composite analysis of all users of the site to determine that the applicant proposed facilities will not cause RFI with the town public safety and emergency services communications equipment.
B. When a specific base station is identified as causing RFI with the town public safety and emergency services communications equipment, the following steps shall be taken.
1. Upon notification by the town of interference with public safety and emergency services communications equipment, the owners of the WTF equipment shall utilize the hierarchy and procedures set forth in the FCC Wireless Telecommunications Bureau Best Practices Guide. If the WTF owner fails to cooperate with the town in applying the procedures set forth in the Best Practices Guide in order to eliminate the interference, then the town and/or county may take steps to contact the FCC to eliminate the interference.
2. If there is a determination of RFI with the town public safety and emergency services communications equipment, the party which caused the interference shall be responsible for reimbursing the town for all costs associated with ascertaining and resolving the interference, including, but not limited to, any engineering studies obtained by the town to determine the source of the interference.
8.101.12 Removal of telecommunications towers or antenna no longer in use. Any telecommunications tower or antenna or accessory communication facility which is unused for the original permitted use for a period of 180 consecutive days shall be removed by the owner of such tower or antenna or accessory communication facility, within 120 days of receipt of notification to that effect. If the owner fails to so remove the tower or antenna or accessory communication facility as required by this section, then the town shall remove the tower or antenna or accessory communication facility, and the owner shall reimburse the town for all expenses incurred thereby, including without limitation all engineering, demolition, transportation, disposal, and legal fees and costs.
(Ord. passed 2-3-2021)
8.102.1 A yard sale may be held on only one lot on a residential block for a maximum of two days.
8.102.2 No resident may conduct more than one yard sale a year.
8.102.3 A yard sales may only be conducted between the hours of 8:00 a.m. 6:00 p.m.
8.102.4 Items to be sold at the yard sale may only be displayed between the hours of 7:00 a.m. and 7:00 p.m. of the day(s) of the sale.
8.102.5 There shall be no loudspeaker announcements of the yard sale.
8.102.6 All signs advertising the yard sale shall be temporary in nature. They may be placed only in accordance with the signage requirements imposed pursuant to Article 11 no more than three days prior to the date of the sale and must be removed no later than one day after the sale.
8.102.7 Yard sales items shall be limited to the sale of household and craft items.
(Ord. passed 2-3-2021)
9.1.1 Statement of intent.
A. Vehicles require adequate space for both safe operation and parking conditions for all land uses, public and private. The town has a unique and sensitive environment whereby space for vehicle parking and loading shall have the least necessary impervious surface and shall not drain directly into the waters of the town.
B. Landscape features to buffer large areas for parking and loading are required for aesthetic reasons and for relief from heat build-up of large surface areas.
9.1.2 Applicability. No building permit, certificate of zoning compliance, or certificate of occupancy shall be issued for uses of land, structures, and buildings, either initially or for a change in use or expansion of an existing use, unless the off-street parking and loading requirements of this Article are satisfied.
9.1.3 Activities exempt.
A. A change in use or expansion of an existing use meeting either of the following criteria shall be exempt from the requirements of this Article:
1. Expansions of less than 1,000 square feet or 5% of the total enclosed floor area; or
2. The new use has the same or a lesser parking requirement than the previous one.
B. Restriping of a parking area or other vehicular use area which does not result in reconfiguration of the parking spaces shall be exempt from the requirements of this Article.
9.1.4 Plans required. Applications for permits and/or certificates shall include information as to location and dimension of off-street parking, and means of ingress and egress to such space.
9.1.5 Design standards.
A. General requirements.
1. Parking areas shall be designed to allow unobstructed movement into and out of each parking space without interference from fixed objects such as lighting fixtures, dumpsters, signage, or vehicles.
2. All parking areas shall be designed to provide for internal circulation such that each parking space is accessible to all other parking spaces without necessitating the use of a public or private street.
3. Cross access drives between adjacent uses and properties may be required.
B. Paving.
1. Where an existing tree is adjacent to a parking area, paver bricks, tree grates, or other pervious surface shall be used within the dripline of the tree.
2. Unless alternative surfaces are specified elsewhere in this document or are approved by the Planning Board, all required parking and loading spaces, except for those associated with single- family dwellings, shall be surfaced with asphalt bituminous or concrete material and shall be maintained in a smooth, well-graded condition.
3. Alternative parking surfaces.
a. Pervious pavers or concrete, stabilized grass lawn, or other pervious parking surfaces may be permitted for specific uses as set forth below, provided they are approved by the Planning Board, in consultation with others as needed. Where provided, such alternative parking surfaces shall be maintained in a smooth, well-graded condition. If parking demand is such that the grass or lawn is caused to be damaged or destroyed to the extent that it ceases to grow, then paving of the area in accordance with this Article may be required.
b. All driveways, access aisles, and parking spaces (excluding handicapped) may be surfaced with grass lawn or other pervious parking surface for the following:
i. Uses which require parking on an average of less than ten days per month;
ii. Parks, playgrounds, ball fields, fairgrounds, and other similar outdoor recreation areas; and
iii. Surplus parking areas above the required number of parking spaces (see Article 9.1.6, Required Parking).
C. Lighting. Any lighting shall be internally oriented and shall be installed in conformance with the town’s Community Appearance Manual.
D. Signage. On-premises instructional signs may be provided in conformance with Article 11.
E. Dimensional requirements.
1. New or altered off-street parking areas shall conform to the following dimensions:
Angle
| |||||
Label | Dimension | 45 | 60 | 75 | 90 |
Angle
| |||||
Label | Dimension | 45 | 60 | 75 | 90 |
A | Stall Depth to Wall (feet) | 17 | 18.5 | 19 | 18 |
B | Stall Depth Parallel to Vehicle | 18 | 18 | 18 | 18 |
C | Aisle Width | 12 | 16 | 22 | 25 |
D | Stall Depth to Interlock | 15 | 17 | 18 | 18 |
E | Stall Depth Reduction due to | 2 | 1.5 | 1 | 0 |
F | Stall Width (Parallel to Aisle) | 14.1 | 11.5 | 10.3 | 10 |
G | Stall Width Perpendicular to | 10 | 10 | 10 | 10 |
I | Module Width Wall to Wall | 46 | 54 | 60 | 61 |
J | Module Width Interlock to | 42 | 51 | 58 | 61 |
2. For bumper overhang deduct one and one-half feet from stall depth to wall or three feet from module width wall to wall for 45° and 60° parking. Deduct two feet from stall depth to wall or four feet from module width wall to wall for 75° and 90° parking.
3. Where natural and/or human-made obstacles, obstructions, or other features, such as, but not limited to, landscaping, support columns, or grade difference exist, the Planning Board may approve a reduction in stall width, stall length, and/or module width. In all instances where a reduction is requested, attention to emergency vehicle access must be considered and incorporated into the parking lot design.
4. Parking spaces designed to be located parallel to a curb or roadway shall be 23 feet long and ten feet wide.
5. Parking in driveways and aisles shall not be permitted.
6. Parking and loading areas shall provide sufficient maneuvering area to accommodate emergency services vehicles and solid waste vehicles. A minimum turning radius of 40 feet shall be required between internal aisles, driveways, and other vehicular use areas. This radius may be reduced if the Planning Board determines that the resulting dimension does not impair the intent of this requirement.
F. Parking decks and parking garages. Required parking and loading spaces need not be at ground level. Decks and garages shall be treated either as part of the principal structure and subject to all requirements over such structures, or as principal uses by themselves, meeting all requirements for principal structures and uses when permitted.
G. Design standards for handicapped accessible parking.
1. All off-street handicapped accessible parking spaces shall be designed in compliance with the North Carolina Accessibility Code.
2. All off-street handicapped accessible parking spaces shall be located in the closest parking area to a public entrance to the building.
3. All off-street handicapped accessible parking spaces shall be designated by a sign or other means specified by state requirements.
9.1.6 Required parking.
A. Minimum requirements.
1. Off-street parking spaces shall be provided for all uses listed below in the amounts specified below. Uses not listed shall be reviewed by the UDO Administrator, for a determination of the required spaces. Buildings with multiple uses shall calculate parking based on the square footage of each use in the building.
2. Where a building is constructed without a specific use identified, such as a “flexible- use” building that may be occupied by multiple uses, parking requirements shall be satisfied as follows.
a. Adequate space shall be reserved either on-site or through an approved alternative parking plan (see Article 9.1.7) to accommodate the requirements for the use with the highest parking requirements permitted in the zoning district. This “reserve area” need not be paved, but shall be indicated on all required plans and shall be counted toward the impervious cover calculations for a development when located in an area where impervious parking and loading is required.
b. The actual number of spaces required to be paved shall be one space per 300 square feet of enclosed floor area. This requirement may be modified by the Planning Board.
3. Calculation of spaces shall be in whole units only. If a calculation results with a fraction, that fraction shall be rounded up to the next whole number. Unless otherwise specified, enclosed floor area shall be deemed to be gross enclosed floor area.
Uses | Spaces Required | |
Uses | Spaces Required | |
RESIDENTIAL | ||
Group Living | All group living, except as listed below | 1 per 3 beds |
Boarding house | 1 per bedroom | |
Home Occupation | All home occupation | 1 plus residence requirements |
Multi-Family | Multi-family structures | 2 per dwelling unit plus 3 per multi- family structure |
Single-Family | All household living, except as listed below | 2 per dwelling unit (accessory dwellings shall be considered a separate dwelling unit) |
Family care home | 1 per 4 licensed beds | |
Upper story residential | 1.5 per dwelling unit | |
PUBLIC AND CIVIC | ||
Community Service | Fraternal club or lodge | 1 per 100 SF floor area |
Auditorium | 1 per every 3 seats | |
Community center | 1 per 250 SF floor area | |
Day care facilities | 1 per employee plus 1 per 10 | |
Day care home | 1 plus residence requirements plus off- street drop-off area (minimum 1 drop- off space) | |
Educational Facilities | Educational facilities, except as listed below | 6 per classroom plus 1 per 300 SF administrative office plus dormitory (group living) |
Elementary or junior high schools | 2 per classroom plus 1 per administrative | |
Emergency Shelter | All emergency shelters | 1 per 500 SF floor area |
Government | Government offices and buildings | 1 per 400 SF floor area |
Medical Facilities | All medical facilities, except as listed | 1 per 250 SF floor area |
Hospitals | 1 per 2 beds plus 1 per doctor and nurse plus 1 per 4 employees on largest shift | |
Parks and Open Areas | Parks and open areas, except as listed below | As determined by the UDO Administrator |
Cemeteries, mausoleums, columbaria, memorial gardens | 1 per 20 SF in the chapel or assembly area | |
Passenger Terminal | Bus passenger terminals | 1 per 200 SF waiting floor area plus 1 |
Place of Worship | All places of worship | 4 plus 1 per 3 seats in the assembly area (day care, schools, and other uses calculated) |
Utilities | All utilities, except as listed below | 1 per 1,000 SF enclosed floor |
TV/HDTV/AM/FM broadcast antennas | 1 per 500 SF enclosed floor area | |
COMMERCIAL USES | ||
Funeral Home | All funeral homes | 1 per 20 SF in the chapel or assembly area plus 1 per |
Indoor Recreation | All indoor recreation, except as listed | 1 per 250 SF enclosed floor area |
Adult & sexually oriented business | 1 per 100 SF enclosed floor area | |
Outdoor Recreation | Outdoor recreation, except as listed below | 1 per 500 SF of enclosed floor area plus 1 per 1,000 SF of outdoor use area |
Boating facilities, marinas, and docks | 1.5 per slip plus 1 per 500 SF enclosed floor area | |
Golf courses (see A restaurants) for additional parking requirements associated with eating facilities) | 2 per hole plus 1 per 500 SF enclosed floor area | |
Pools | 1 per 200 SF pool and deck area | |
Overnight Accommodation | All overnight accommodation, except as listed below (see tourist home) for short- term rentals) | 1.25 per room plus 1 per 100 SF conference/banquet/restaurant |
Bed and breakfast | 1 per guest room plus 2 per owner/manager | |
Planned Development | Planned building groups | Generally, minimum required for the individual uses |
Planned unit development/mixed use | ||
Retail Sales and Service | All retail sales and service, except as listed below | 1 per 200 SF floor area for the first 50,000 SF of gross leasable area and 1 per 250 SF of leasable area after that |
Flea markets | 1 per 300 SF vendor area | |
Kennel veterinary establishment. Animal hospital | 1 per 250 SF enclosed floor area | |
Performing arts studio | 1 per 400 SF enclosed floor area | |
Personal service establishments | 1 per 500 SF enclosed floor area | |
Restaurants | 1 per 100 SF floor area or 1 per 4 seats, whichever is greater (including outdoor eating areas) | |
Self-Service Storage Facility | Self-service storage facility | Minimum 5 or 1 per 100 storage units, whichever is greater |
Vehicle Sales and Service | All vehicle sales, except as listed below | 1 per 500 SF display space (indoor and outdoor) |
Vehicle service | 3 per service bay | |
Car wash | 1.5 per wash bay plus required stacking spaces | |
OFFICE | ||
Office Uses | All office uses | 1 per 300 SF enclosed floor area |
Banks and financial institutions | 1 per 250 SF enclosed floor area | |
Warehouse and Storage | All warehousing and storage | 1 per 5,000 SF of floor area |
Wholesale Sales and Service | All wholesale sales and service | 1 per 1,000 SF floor area |
B. Maximum parking permitted.
1. No use, except single-family or two-family dwellings, shall provide more than 110% of the required parking shown in the table above unless any parking above the 110% threshold is pervious or is provided through use of an elevated parking structure or pervious pavement.
2. Where a project is intended to be developed in phases, the Planning Board may approve development of a parking area intended to serve current and future development.
C. Modifications. The Planning Board may reduce the required number of spaces by up to 20% for reasons of topography, mixes of uses, ride sharing programs, availability of transit, or other conditions specific to the site, provided the reduction in the required number of parking spaces satisfies the intent of this Article.
D. Parking for the disabled. In accordance with the North Carolina Accessibility Code, the following numerical requirements shall apply for handicapped/disabled spaces.
Total Number of Spaces in | Minimum Number of Accessible |
Total Number of Spaces in | Minimum Number of Accessible |
1-25 | 1 |
26-50 | 2 |
51-75 | 3 |
76-100 | 4 |
101-150 | 5 |
150-200 | 6 |
201 or more | 7 plus one per every 100 over 700 |
NOTE: Minimum number of accessible spaces is in addition to the total number of required spaces. | |
9.1.7 Alternative parking plans.
A. General. Innovative approaches which reduce the amount of impervious cover within the town are encouraged when the public interest is served and protected. The UDO Administrator or Planning Board, as specified, may reduce the minimum amount of off-street parking required (beyond that permitted by Article 9.1.6.C, Modifications) where developer-submitted parking data, prepared and sealed by a registered engineer with transportation expertise, illustrates that the standards of this Article do not accurately apply to the specific development. The data submitted for an alternative parking plan shall include, at a minimum, the size and type of the proposed development, the mix of uses, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads of all uses. The following factors may also be considered.
B. Factors considered in alternative parking plans.
1. Public parking. Up to 35% of the required off-street parking spaces may be waived by the Planning Board if publicly-controlled-parking is located within a 500 foot walking distance along public walkways from the main entrance of the proposed use and the UDO Administrator also determines that adequate parking spaces are available within the publicly-controlled parking area to accommodate the anticipated use.
2. Off-site and cooperative parking.
a. Generally. Cooperative provision of required parking space and other innovative parking arrangements that protect and serve the public interest are encouraged.
b. Separate lot. The Planning Board may approve the location of up to 50% of required off-street parking spaces on a separate lot from that on which the principal use is located if the off-site parking complies with all of the following standards. This factor shall not be used to satisfy the off-street parking requirements for convenience stores or similar convenience-oriented uses or for handicapped accessible parking.
c. Location. No off-site parking space shall be located more than 500 feet from the primary entrance of the use served (measured along public walkways). Off-site parking spaces shall not be separated from the use served by a highway, unless a grade-separated pedestrian walkway is provided, or traffic control or remote parking shuttle bus service is provided. Off-site parking shall be located in a district where commercial parking is a permitted principal use.
d. Agreement for off-site and cooperative parking. If an off-site parking area is not under the same ownership as the principal use served, a written agreement between the record owners shall be required. The owner of the off-site parking area shall enter into a written agreement in a form acceptable to the Town Attorney, (with enforcement running to the record owners of the area and the town) providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and that such agreement shall bind heirs, successors, and assigns.
3. Valet parking. The Planning Board may approve valet parking as a means of satisfying otherwise applicable off-street parking requirements where all of the following standards have been met.
a. Adequate assurance of the continued operation of the valet parking, such as a contractual agreement for valet services or the tenant’s affidavit agreeing to provide such services, shall be provided;
b. An equivalent number of valet spaces shall be available to replace the required parking spaces. Such valet spaces do not require individual striping, and may take into account the tandem or mass parking of vehicles.
9.1.8 Vehicle stacking areas.
A. Vehicle stacking areas. The vehicle stacking standards of this Article shall apply unless otherwise expressly approved by the Planning Board. Additional stacking spaces may be required where trip generation rates suggest that additional spaces will be needed.
B. Minimum number of spaces. Off-street stacking spaces shall be provided as follows.
Activity Type | Minimum Stacking | Measured From |
Activity Type | Minimum Stacking | Measured From |
Automated teller machine | 3 | Teller |
Bank teller lane | 4 | Teller or window |
Car wash bay, full-service | 6 | Bay |
Car wash bay, self-service | 3 | Bay |
Dry cleaning/laundry drive-through | 3 | Cleaner/laundry window |
Gasoline pump island | 2 | Pump island |
Gatehouse, staffed | 4 | Gatehouse |
Gate, unstaffed | 2 | Gate |
Pharmacy pickup | 3 | Pharmacy window |
Restaurant drive-through | 6 | Order box |
Restaurant drive-through | 4 | Between order box and pick-up |
Valet parking | 3 | Valet stand |
Other | Determined by UDO Administrator in consideration of an approved study prepared by a registered engineer with expertise in transportation engineering. | |
C. Design and layout of stacking spaces. Required stacking spaces shall be subject to the following design and layout standards.
1. Size. Stacking spaces shall be a minimum of eight feet in width by 25 feet in length.
2. Location. Stacking spaces shall not impede on or off-site traffic movements or movements into or out of off-street parking spaces.
3. Design. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the UDO Administrator, for traffic movement and safety.
4. Landscaping and screening requirements. In order to protect adjacent properties from noise and visual impacts, vehicle stacking areas shall be screened from adjacent residential property in accordance with the screening requirements of Article 9.9 (Screening) and Article 10.
9.1.9 Loading areas.
A. Location.
1. No loading spaces shall be located within 30 feet of street intersections or in any required front, side, or rear yard or within a triangular sight distance.
2. A minimum setback of 50 feet shall be required where loading docks face a residential district or a structure with first-floor residential uses.
3. Loading areas shall be located on the same lot and provide the most convenient access to the use being served. Generally, loading areas should be within 50 feet of the building.
B. Surfacing. Generally, all open off-street loading areas shall be paved with an all-weather material such as concrete or asphalt, designed to carry the heaviest vehicle loads that can commonly be expected. Consideration should be given to the weight of fire and sanitation equipment as well as delivery vehicles.
C. Design.
1. Loading berths for office uses shall be a minimum of 12 feet wide by 35 feet long with a height clearance of 14 feet.
2. All other loading berths shall be a minimum of 12 feet wide and 55 feet long with a height clearance of 14 feet.
D. Utilization. Space allocated to any off-street loading space, accessory drives, or aisles shall not be used to satisfy the space requirements for any off-street parking or trash handling facilities.
E. Ingress and egress. Each required off-street loading space shall be provided with a means of unobstructed ingress and egress to a private or a public street wide enough to accommodate expected vehicles. Where such ingress and egress is made into a public street, it shall be through driveways or openings which meet required standards. Permanent wheel stops or curbing shall be provided to prevent any vehicle using the loading area from encroachment on the required front yards, side yards, or adjacent property.
F. Off-street loading requirements.
1. Loading spaces shall be required for uses which normally handle large quantities of goods, including, but not limited to, industrial plants, wholesale establishments, warehouses, freight terminals, hospitals, and retail establishments.
2. Off-street loading spaces may be either inside or outside the building and on the same or adjoining lots.
3. The loading spaces shall be of sufficient size and number to allow normal loading and unloading operations appropriate to the property to be served.
4. In no case shall the loading space hinder the movement of traffic or pedestrians. The loading spaces shall be indicated on site plans submitted for approval.
5. The Planning Board may require one or more additional loading areas if the magnitude of the use would anticipate the need for more loading or standing space.
6. Loading areas shall be signed to indicate “No Idling”.
7. Any loading area located adjacent to a residential district shall not receive deliveries between the hours of 8:00 p.m. and 7:00 a.m.
G. Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any district.
H. Landscaping and screening requirements. Loading areas shall be screened from public streets and adjacent residential uses and residential districts in accordance with the screening requirements of Article 9.9 (Screening), and Article 10. The screen shall be at least as long as the longest trailer to be accommodated by the area (approximately 50 feet) and a minimum of eight feet in height. The UDO Administrator may reduce or waive this requirement if it can be determined that other elements would provide adequate screening. These elements may include, but are not limited to, existing site features or landscaping installed to satisfy other requirements.
I. Signage. On-premises instructional signs may be provided in conformance with Article 11.6.5.
J. Number of spaces required. The numbers in the table below shall serve as a guideline for determining the number of loading spaces required.
Gross Floor Area of Building | Number of Spaces |
Gross Floor Area of Building | Number of Spaces |
0 - 5,000 | 0 |
5,001 - 39,999 | 1 |
40,000 - 99,999 | 2 |
100,000 - 159,999 | 3 |
160,000 - 239,999 | 4 |
240,000 and over | 5 |
Note: The Planning Board may require additional loading spaces. See Article 9.1.9.F(5). | |
(Ord. passed 2-3-2021)
9.2.1 General.
A. Every lot shall have direct access to a public or private street. Access must provide a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.
B. The minimum width of the access required is 36 feet wide to accommodate as much as a 24-foot driveway.
C. Access and circulatory commercial development shall provide connections to adjacent commercially zoned parcels, or if adjacent parcels are underdeveloped, stub-cuts must be provided. Shared driveways from a street are required between commercially zoned properties.
9.2.2 Driveway permit required. A NCDOT driveway permit may be required for driveways serving any new use or change from an existing use that accesses a state-maintained road. Consult the UDO Administrator for more information.
9.2.3 Driveway design.
A. In general, driveways shall be not less than 18 feet in width for one-way traffic and 24 feet in width for two-way traffic.
B. However, 18-foot wide driveways shall be allowed for two-way traffic when all of the following exist:
1. The driveway is not longer than 75 feet; and
2. The driveway provides access to six or fewer parking spaces.
C. Sufficient turning space shall be provided so that vehicles need not back into public streets.
D. Eighteen foot wide driveways may also be permitted for two-way traffic if the UDO Administrator determines that not more than ten trips per day will be generated to and from the vehicular area being served by that driveway; and such vehicular area is not used by the general public.
E. Designated parking spaces shall not be located within the area of the driveways.
9.2.4 Sight triangles.
A. Driveways. For any driveway, a sight triangle measuring ten feet from the back of curb and extending 70 feet from the edge of each side of the driveway shall be required.
Design Standards. Within the sight triangle, no materials that would impede traffic visibility shall be allowed. Structures, fences, and plant materials that extend into the sight triangle above 22 feet, as measured from the grade of the street or drive, shall not be allowed.
9.2.5 Access to major thoroughfares restricted.
A. All uses located adjacent to a major thoroughfare identified on the NCDOT Major Thoroughfare Plan for Brunswick County and/or the town shall require a driveway permit from NCDOT prior to the issuance of a zoning permit by the town.
B. When a subdivision involving platting of a new street (or streets) borders on or contains an existing or proposed thoroughfare street, lots may not have direct driveway access to the thoroughfare.
C. When a lot or development borders on or contains an existing or proposed thoroughfare as delineated by a county or NCDOT Transportation Plan, access to the thoroughfare may be limited by one of the following means.
1. A separation of 400 feet is required from the nearest centerline of any other proposed or existing driveway access along the same side of the thoroughfare. Reduced separation may be authorized only by review and recommendation of the UDO Administrator and NCDOT.
2. Lots shall be subdivided so as to provide access onto a frontage road. The centerline of the frontage or reverse frontage road where it intersects the thoroughfare shall be no closer than 800 feet to the centerline of the nearest proposed or existing driveway access or road.
3. Driveway access closure may be required for any change in use of a lot based upon review and recommendation of the UDO Administrator and NCDOT.
(Ord. passed 2-3-2021)
9.3.1 General purpose and intent.
A. The purpose of this Article is to supplement development standards elsewhere in these zoning regulations with specific criteria that apply to the design of commercial buildings and projects which are 200,000 gross square feet or greater in area.
B. The town’s goal is to create and maintain a positive ambiance and community image and identity by providing for architectural and site design treatments that will enhance the visual appearance of the applicable commercial development and the quality of life.
C. The applicable commercial development depends on high visibility from public streets. In turn, design of certain commercial buildings and sites determines much of the image and attractiveness of the streetscapes and character of the community. Massive, duplicative, or generic projects that do not contribute to, or integrate with, the community in a positive manner can be detrimental to a community’s image and sense of place.
D. This Article incorporates a basic level of architectural design which, in conjunction with site design, landscaping, lighting, and sign treatments located elsewhere in this ordinance, is intended to result in a comprehensive scheme for building design and site development. However, this Article is not intended to require any specific style of architecture.
E. This Article is also intended to:
1. Promote high standards in architectural design and the construction of creative, innovative, aesthetically pleasing structures;
2. Encourage landowners, designers, and developers to look closely at local conditions and the development site, and produce new development that enhances and complements both the built and natural environment; and
3. Ensure that development and building design is sensitive to the specific site, consistent with the existing and proposed character of the area, including residential and nonresidential uses in the surrounding area, and does not detract from the positive elements of the community and existing neighborhood characteristics.
9.3.2 Standards. The standards found in this Article shall be in addition to all other applicable standards found in this ordinance.
A. Building materials. Predominant exterior building materials shall be high quality material. These include, without limitation: brick, natural decay-resistant quality exterior wood siding, rock, stone or tinted and textured concrete masonry units, and transparent glass windows and doors. Facade colors shall be neutral or earth tone colors. Building trim and accent areas may feature brighter colors, including primary colors, but these colors may not comprise more than 15% of any building facade.
B. Requirements for building mass and articulation. The design shall help integrate the development with its surroundings by breaking down the apparent mass and scale of the building on all sides.
1. The first floor should be taller than upper floors. Lower floors should be differentiated architecturally to create a sense of human scale.
2. Buildings shall avoid long, monotonous, uninterrupted walls or roof planes on their visible facades. Building wall offsets, including projections, recesses, and changes in floor level, shall be used in order to add architectural interest and variety; relieve the visual effect of a single, long wall; and subdivide the wall into human scale proportions. No more than 60,000 gross square feet of the structure shall be designed as a distinct mass.
3. All facades visible from a public roadway shall be given equal design significance. There shall be no blank, featureless walls, including rear walls. The design shall present a continuity of style on all facades visible from the public roadway, except where separated by a party wall located on a lot line. The primary facade shall be designed to comply with the requirements of Article 9.4 (Building Facade Design).
4. Similarly, roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.
5. Outparcels shall be designed and integrated with the main project.
6. Internal and new streets shall be constructed in accordance with the regulations set forth in Article 9.2 (Commercial Access).
(Ord. passed 2-3-2021)
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