§ 152.211 SPECIFIC CRITERIA FOR CERTAIN SPECIAL USES.

   Detailed regulations for certain special uses are set forth in this section.

   (A)   Use - accessory structures in the front yard or on a double frontage lot. 

      (1)   Minor special use districts: RA, R6, R6SF, R8SF, R10SF, R15SF, R20SF, R40SF, PUD,MHP, MHS, MHS-15SF, MHS-O.

      (2)   Minimum lot area : based on zoning classification lot standards.

      (3)   Topography: topography of the site at contour intervals not greater than two feet.

      (4)   Structures: location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.

      (5)   Circulation: proposed points of access and egress and pattern of internal circulation.

      (6)   Other details:

         (a)   All accessory structures , shall be placed a minimum of 20 feet from the edge of the road right of way .

         (b)   All accessory structures , shall be screened from view by a minimum four-foot opaque fence with the finished side facing the street and a landscape screen on the street side of the fence . The screening shall be a type A buffer as required by § 152.528(E)(1) and Table 152.528-1.

   (B)   Use - amusement , outdoor.

      (1)   Special use district: B1 and B2.

      (2)   Minimum lot area : a minimum of five acres.

      (3)   Buffering: as specified in §§ 152.525 through 152.544 of this chapter, buffering shall be required by the Board of Commissioners .

      (4)   Plans are required and must show:

         (a)   Topography: topography of the site at contour intervals not greater than two feet.

         (b)   Structures: location and approximate size of all existing and proposed structures within the site and of all buildings within 1,000 feet adjacent thereto.

         (c)   Circulation: proposed points of access and egress and pattern of internal circulation.

         (d)   Other details:

            1.   Parking standards will be established by the town.

            2.   Proposed provision for storm drainage (including retention pond facilities, when applicable) approved by the Swansboro Building Inspector; sanitary sewage approved by the Swansboro Building Inspector or County Health Department, whichever is applicable.

            3.   Size and proposed location of any signs.

            4.   Proposed solid waste storage facilities.

            5.   Proposed water system and firefighting facilities such as hydrants or sprinkler connections.

            6.   Types of surfacing for drives, sidewalks, malls, and the like.

            7.   The location and height of all fences , walls, and hedges shall be shown.

            8.   Other standards for the specific outdoor amusement will be established in the special use permit process.

   (C)   Use - dwelling , multi-family and condominiums.

      (1)   Special use district: R6, PUD, O/I, B1, B2, and B3.

   (D)   Use - dwelling, townhouses.

      (1)   Special use district: R6, PUD, B1, B2, and B3.

   (E)   Use - kennels, breeding/boarding (not related to veterinarian’s office).

      (1)   Outdoor facilities.

         (a)   Minor special use district: RA.

         (b)   Minimum lot area : minimum of one acre.

         (c)   Setback : A setback of 50 feet shall be maintained on the front, sides and rear of the property.

         (d)   Screening and fencing: a screen of dense plant material at least five feet in height at the time of planting or a solid fence or wall shall be installed.

         (e)   Plans are required and must show:

            1.   Structures: location of buildings and sign, and size of the sign.

            2.   Circulation: proposed points of access and egress and pattern of internal circulation.

            3.   Parking: layout of parking spaces.

            4.   Lighting: lighting plan, inclusive of wattage and illumination.

            5.   Hours of operation: days and times.

            6.   Number of employees: total number of employees

            7.   Waste management: method of waste disposal to be used.

      (2)   Indoor facilities.

         (a)   Minor special use district: RA.

         (b)   Plans are required and must show:

            1.   Structures: location of buildings and sign, and size of the sign.

            2.   Setback : the area in which animals are to be kept must be 20 feet from the side property lines.

            3.   Circulation: proposed points of access and egress and pattern of internal circulation.

            4.   Parking: layout of parking spaces.

            5.   Lighting: lighting plan, inclusive of wattage and illumination.

            6.   Hours of operation: days and times.

            7.   Number of employees: total number of employees.

            8.   Waste management: method of waste disposal to be used.

         (c)   Other requirements: it is mandatory that all activities related to indoor facilities be confined within a building .

   (F)   Use - livestock, sales and auction.

      (1)   Minor special use district: RA.

      (2)   Minimum acreage: 20 acres.

      (3)   Plans are required and must show:

         (a)   Topography: topography of the site at contour intervals not greater than two feet.

         (b)   Structure: location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.

         (c)   Circulation: proposed points of access and egress and pattern of internal circulation.

         (d)   Lighting: proposed lighting location and design.

         (e)   Buffering: shall be required as specified in §§ 152.525 through 152.544.

         (f)   Parking and loading: layout of parking spaces and type of proposed surfacing.

         (g)   Drainage: proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Administrator .

      (4)   Other requirements:

         (a)   Public sanitation measures.

         (b)   Odor control measures.

         (c)   Health department approval.

   (G)   Use - mobile signs . Refer to the Table of Permitted and Special Use Signs in § 152.277.

      (1)   Special use district: B1 and MI.

      (2)   Requirements:

         (a)   No part of a sign shall extend beyond the plane of the property line upon which the sign is located or into any easement .

         (b)   Display area shall not exceed six square feet.

         (c)   Mobile sign height measured vertically from ground level to top of sign including trailer or towable device to which sign is attached shall not exceed five feet.

         (d)   Combination of allowed tenant signage square footage shall not be exceeded.

         (e)   Signs shall be displayed only during times when the business being advertised is open for business.

         (f)   The application for approval of a special use shall include:

            1.   Sign location;

            2.   Sign size;

            3.   Sign illumination;

            4.   Diagram of the sign;

            5.   Proposed method of anchoring/securing.

   (H)   Use - planned unit development.

      (1)   Special use district: PUD.

      (2)   Requirements: refer to §§ 152.245 through 152.253 for criteria.

   (I)   Use - sanitary landfill .

      (1)   Minor special use district: RA.

      (2)   Requirements:

         (a)   Parking: shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.

         (b)   Lighting: lighting shall be such that it is not directed onto any adjacent residential lot .

         (c)   All buildings, structures, tanks, and pits shall be setback at least 100 feet from all exterior property lines. A natural buffer at least 50 feet in width shall separate all such uses from all exterior property lines. A non-climbable fence , at least six feet in height, shall completely enclose such uses.

         (d)   Plans are required and must show:

            1.   Topography: topography of the site at contour intervals not greater than two feet.

            2.   Structure: location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.

            3.   Circulation: proposed points of access and egress and pattern of internal circulation.

            4.   Lighting: proposed lighting location and design.

            5.   Buffering: shall be required as specified in §§ 152.525 through 152.544.

            6.   Parking and loading: layout of parking spaces and type of proposed surfacing.

            7.   Drainage: proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Administrator .

   (J)   Use - sign, roof . Refer to the Table of Permitted and Special Use Signs in § 152.277.

      (1)   Special use districts: B1, MI, and CON.

      (2)   Plans are required and must show:

         (a)   Size: must not exceed 32 square feet of viewable area.

         (b)   Lighting: proposed lighting location, design, and hours of operation.

         (c)   Design: design including diagram of sign, sign size, sign location, drawing of display area, and method of anchoring or attachment to building /roof.

   (K)   Use - swimming pools , public/commercial.

      (1)   Minor special use districts: RA, R6, R10SF, R15SF, R20SF, R40SF, PUD, MHP, G/E, B1, and B2.

      (2)   Requirements:

         (a)   Parking: Shall conform to §§ 152.290 through 152.296, Off-Street Parking and Loading Requirements.

         (b)   Lighting: lighting shall be such that it is not directed onto any adjacent residential lot .

         (c)   All buildings and swimming pools must be setback a minimum of 50 feet from all exterior property lines.

         (d)   Plans are required and must show:

            1.   Topography: topography of the site at contour intervals not greater than two feet.

            2.   Structure: location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto.

            3.   Circulation: proposed points of access and egress and pattern of internal circulation.

            4.   Lighting: proposed lighting location and design.

            5.   Buffering: shall be required as specified in §§ 152.525 through 152.544.

            6.   Parking and loading: layout of parking spaces and type of proposed surfacing.

            7.   Drainage: proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Administrator .

   (L)   Use - wireless telecommunication facilities.

      (1)   Special use district: RA.

      (2)   Requirements:

         (a)   The facility must be setback from adjacent property lines and any residential dwelling(s) at least a distance equal to the fall zone as certified by a structural engineer. Accessory structures shall be setback at least 50 feet from any property line. These measurements shall be taken from the base of the tower or the foundation of the structure, as applicable.

         (b)   Access roads must be improved and meet the applicable standards of the Fire Code for emergency access. Access to any gated or locked enclosures must be provided to the Fire Chief.

         (c)   Lighting on the facility must meet the minimum standards of the Federal Aviation Administration (FAA). Lighting shall be muffled so that no audible sound can be heard beyond the distance of the required setback. Other lighting on the property, including lighting on accessory structures or on the surrounding enclosure, should be shielded so as not to trespass onto adjacent properties. The application must contain certification that the lighting on site has been designed to meet these requirements.

         (d)   Communication equipment or antennas shall meet the emission output levels as specified by applicable federal standard or by the American National Standard Institute (ANSI). The application must contain a certification that these requirements have been met.

         (e)   A Type C buffer yard per § 152.528 shall be installed around any perimeter enclosure.

         (f)   If a proposed facility is to be constructed within five miles or less from the perimeter boundary of a military base, or within any mapped flight path overlay, the town shall provide written notice of the proposal by certified mail, return receipt requested, to the commander of the military base not less than ten days nor more than 25 days before the date fixed for the public hearing on the application.

         (g)   Applications must include the required materials per Appendix IV.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2009-O6, passed 4-21-2009; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. passed 7-26-2016; Am. Ord. passed 11-22-2016; Am. Ord. passed 2-28-2017; Am. Ord. passed 4-25-2017; Am. Ord. 2020-O6, passed 8-10-2020; Am. Ord. 2021-O3, passed 5-24-2021; Am. Ord. 2023-O6, passed 5-22-23)