There are certain uses that exist which may be constructed, continued, and/or expanded provided they meet certain mitigating conditions specific to their design and/or operation. Such conditions ensure compatibility so that different uses may be located in proximity to one another without adverse effects to either. When uses are listed in the Use Table in § 155.065 as uses permitted with supplemental standards (PS) or uses requiring special use permits (SUP), they shall comply with the additional criteria set forth in this section for that use in addition to other applicable criteria contained in this chapter. Permitted uses with supplemental standards are uses permitted by right, provided that the specific standards set forth in this section are met. Special uses are uses which are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and/or the city as a whole, require individual consideration in their location, design, configuration, and/or operation at the location proposed. All special uses shall at a minimum meet the standards for the zoning district in which they are located, and the specific standards set forth in this section for that specific use. In addition, special uses are subject to a quasi-judicial procedure. Approval of a special use permit is made the duty of the City Council.
(A) Residential uses.
(1) Dwelling, single-family.
(a) District: B-1.
(b) Minimum lot area: none.
(c) Parking: two off-street parking spaces per unit. On-street parking may not be utilized between the hours of 8:00 a.m. and 5:00 p.m. Residents may park in the on-street spaces from 5:00 p.m. until 8:00 a.m.
(d) Lighting: residential parking must have adequate outside lighting. This will be determined by the City's Planning Director. This illumination should be bright enough to be a deterrent to trespassers. In the event that lighting is unavailable, it is the responsibility of the owner to provide it.
(e) Other restrictions:
1. Residential use may not be abutted on more than one side by another structure;
2. Any residential use may not directly face the front of another structure;
3. No pets will be allowed outside of the structure. This would be hazardous to motorists and pedestrians in the area, as well as the pets. Also, restaurants are present in B-1 Zones, and pets may possibly be attracted to these establishments; and
4. Modular homes not permitted in the B-1 zoning district.
(2) Dwelling, two-family.
(a) District: RA-20, R-12.
(b) Minimum lot area: refer to § 155.080, Development Standards.
(c) Plans are required and must show:
1. Structures: location of buildings and plans for new construction and renovation; and
2. Parking: street access and area for off-street parking.
(d) Other requirements: the proposed use shall not have substantial outdoor activities, such as swimming pools and lighting or other features, which are in any way out of character with a single-family zoning district.
(3) Dwelling, mixed uses.
(a) Dwelling units above primary use.
1. Districts: B-1, B-3, B-4.
2. Minimum lot area: as specified in each zoning district.
3. Other requirements: multi- and single-family residential when limited to the following conditions:
a. Minimum non-ground level building floor area of 550 square feet per residential unit; and
b. All residential usage shall be second floor or higher levels of buildings.
c. Street frontage use requirements: all ground floor space shall be developed for nonresidential uses, as permitted in the B-1 Zone.
(b) Dwelling units, ground level.
1. District: B-1.
2. Minimum lot area: as specified in each zoning district.
3. Other requirements: multi-family residential when limited to the following conditions:
a. Buildings must face streets running east and west, and shall not abut streets running north and south;
b. Minimum ground level building floor area of 550 square feet per residential unit;
c. All residential usage shall be ground level only;
d. No multi-occupancy will be allowed. No pets will be allowed;
e. Two off-street parking spaces per unit; and
f. No outside visual household materials can be displayed (clotheslines, flagpoles, antennas and the like).
(c) Preservation design. In order to protect the architectural integrity of existing buildings within the B-1 Zone, and in so doing to preserve the continuity of scale and design within the area, the following requirements shall be met:
1. All slip covers previously applied to the facade of existing buildings shall be removed; and
2. All canopies, except for those made of canvas, shall be removed from the facade. Where evidence exists of original windows and door openings subsequently enclosed, such windows and doors shall be reopened in an operable manner and in a style in keeping with the building. Where other unique architectural features remain, including cornices, mid-cornices and window surrounds, they shall be repaired and/or replaced with elements of like design.
3. Nothing in this regulation shall supersede applicable North Carolina State Building Code requirements.
(4) Manufactured homes.
(a) District: RA-20.
(b) Only those manufactured homes which meet or exceed the requirements of a Class A or Class B manufactured home are permitted within the zoning jurisdiction of the city. Any preoccupied manufactured home must be approved following an inspection of the structural integrity, roof structure, windows, doors, electrical, plumbing, mechanical system, and exterior appearance of the manufactured home by the City Planning Director or his or her designee.
(c) Residential manufactured homes, travel trailers, utility buildings are not permitted to be used as an office in any zone except a residential manufactured home in conjunction with a mobile home sales lot and a travel trailer for temporary construction site. (In both exceptions the unit must be hooked up with both water and sewer.)
(5) Manufactured home park.
(a) District: R-6 MHP, special use permit required.
(b) Road, sanitation and drainage requirements: all manufactured home parks existing on the effective date of this chapter are required to comply with the road, sanitation and drainage requirements of this chapter. Any manufactured home park failing to comply with the applicable road, sanitation and drainage requirements of this chapter is hereby declared to be a nonconforming use of land. Failure to meet the road, sanitation and drainage requirements shall be grounds for revocation of the certificate of occupancy/compliance.
(c) General requirements: all manufactured home parks approved after the date of this chapter shall continuously comply with the general requirements of this chapter. Failure to meet continuously each of the general requirements shall be grounds for revocation of the certificate of occupancy/compliance.
(d) Grandfathering for existing parks: a manufactured home park having fewer than 25 manufactured home spaces and existing prior to October 27, 1992, shall be permitted to continue operation, provided that the manufactured home park meets all other manufactured home park regulations set forth in this chapter.
(e) Minimum requirements for manufactured homes: the minimum area of 25 manufactured home spaces shall be mandatory for the establishing of a manufactured home park. Individual manufactured homes spaces shall be at least 50 feet in width and shall contain at least 6,500 square feet of area. All manufactured home spaces or lots shall be clearly marked on the ground so as to allow for continuous identification of all space or lot lines. In addition, a park shall have sufficient area to provide for required access drives, barriers and the like.
(f) Parking: three off-street parking spaces for each manufactured home lot. Off-street parking spaces shall be considered part of the required minimum lot area of any manufactured home space. The spaces shall be marked on the manufactured home park plans and stabilized with compacted soil or aggregate stone. Each space shall be a minimum of ten feet by 20 feet.
(g) Screening and fencing: manufactured home parks shall have on their entire perimeter a natural or artificial barrier to provide safety and privacy to the park. The barriers shall be unbroken except at entrance driveways or walkways. Artificial barriers shall provide a solid, unbroken screen at a minimum six feet height. Natural barriers shall be of a plant material designed to grow three feet thick and six feet high.
(h) Plans: plans are required and must show:
1. Topography: topography of the site at contour intervals no greater than two feet;
2. Structures: location and approximate size of all existing and proposed buildings and structures within the site and all existing buildings and structures within 300 feet, in addition to public or private easements or rights-of-way adjoining or intersecting the property;
3. Circulation: proposed points of access and egress and pattern of internal circulation. All manufactured home spaces shall abut upon an interior drive;
4. Parking: location of and arrangement of all proposed automobile parking spaces;
5. Timing: outline and timing of initial development; and
6. Other details:
a. Location and dimensions of individual manufactured home spaces;
b. Provision for storm drainage and a sedimentation and erosion control plan; and
c. Location and size of open play space and all other accessory features customarily incidental to the operation of a manufactured home park.
(i) Other requirements:
1. There shall be a yard clearance of at least 15 feet between each manufactured home and any manufactured home lot line. Manufactured homes shall be located no closer than 25 feet to any exterior property line of the park, and no closer than 15 feet to the edge of any interior drive or walkway.
2. Water and sewerage services must be approved by the City Engineer or County Health Department, whichever is applicable.
3. All interior drives must be paved with an impervious surface, approved by the City Engineer, to a width of at least 18 feet, except that one-way drives shall be at least ten feet wide. Paved walkways of not less than two feet shall connect all service buildings to abutting drives.
4. Approved and properly installed skirting/underpinning material shall be placed around the manufactured home perimeter. Note: wood lattice is not permitted for skirting/underpinning material around the perimeter. The intent of this provision is to prevent seeing underneath the home.
5. No manufactured home (to be used) for occupancy exceeding two weeks shall be placed in a manufactured home park unless it contains at least 200 square feet of gross floor area and a built-in bathroom with a water closet, a lavatory and a shower or tub which are in working condition. Manufactured homes not meeting the above requirements may be permitted for a period not to exceed two weeks in an approved manufactured home park, provided adequate sanitary facilities are available in a separate building which meets the requirements of this chapter. Manufactured home parks providing spaces for manufactured homes not meeting the above listed criteria shall provide bath facilities in a service building located not further than 250 feet from each space. The bath facilities shall be provided in the ratio of one bath per five spaces. A full bath shall be considered to consist of one water closet, one lavatory and one tub or shower, regardless of the arrangement of the facilities. Where both facilities are provided, provisions must be made for separate male and female facilities.
6. Service buildings shall be well lighted at all times of the day and night, and shall be maintained at a temperature of at least 68°F during the period of October 1 through May 1.
7. All administrative and service buildings shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant, the public or constitute a nuisance.
8. All interior drives and walkways shall be lighted with electric lamps. The lighting shall be constructed under standards established and approved by the City Engineer.
9. All structural additions to manufactured homes, other than those which are built into the unit and designed to fold out or extend from it, shall be erected only after a building permit shall have been obtained, and the additions shall conform to the Building Code of the city, where applicable, or shall meet the standards of any special regulations adopted with respect to the additions. The certificate of occupancy/compliance shall specify whether the structural addition may remain permanently, must be removed when the manufactured home is removed or must be removed within a specified length of time, not to exceed three months, after the manufactured home is removed.
10. Individual outdoor fuel containers and outdoor storage facilities and connections shall be inspected and approved by the City Mechanical Inspector.
11. Sanitation facilities for garbage/refuse collection must be provided of a type, volume, location and number to satisfy the City Engineer. Sanitation facilities must be shown on the manufactured home park plans.
12. All manufactured home parks shall be provided adequate storm drainage facilities and systems to ensure that the park is free of standing water. All systems must be designed to ensure that water is discharged from the site in a method acceptable to the City Engineer and Planning Director.
(j) The City Planning Director or his or her designee shall have the authority to inspect manufactured home parks at any time to ensure continuous compliance with these regulations. Failure by the operator/owner to correct violations within 30 days' written notification by the Planning Director or his or her designee shall result in immediate revocation of the zoning permit, and each day the violation continues shall be considered a misdemeanor punishable by fine as set forth in this chapter.
(k) All plans shall be reviewed by the City Fire Chief to ensure adequate access for firefighting equipment to all manufactured home lots.
(l) Plans shall be submitted to the City Planning Director or his or her designee in accordance with § 155.277. Plans will be subject to a special use permit with review and recommendation by the Planning Board, an evidentiary hearing, and final approval by the City Council.
(6) Travel trailers.
(a) District: R-6MHP.
(b) Travel trailers occupied for human habitation must be located in an approved manufactured home park. Travel trailers which are not occupied may be stored at any location, provided that the storage is not relating to manufactured home sales, and further provided that the storage is not upon the right-of-way of any public street or public land.
(7) Residential care facility.
(a) District: RA-20, R-6, R-6MF, R-6MHP and O & I.
(b) Minimum lot area: Minimum lot area of district in which located plus 1,000 square feet for each person to be accommodated.
(c) Parking: one space for every four residents or fraction thereof plus one parking space for each employee on the premises.
(d) Plans are required and must show:
1. Topography: topography of the site at contour intervals not greater than two feet;
2. Structures: 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. Parking and loading: layout of parking spaces; and
5. Drainage: proposed provision for storm drainage, approved by the Planning Director or his or her designee.
(e) Other requirements: all rehabilitation and/or residential care facilities shall be licensed and/or sponsored by the appropriate state or local agency.
(8) Residential care home.
(a) Districts: RA-20, R-12, R-6, R-6MF, R-6MHP, O-I, B-1, B-3.
(b) Parking: one space for every five temporary residents or fraction thereof plus one parking space for each employee on the premises.
(c) Sign: one sign, not exceeding two square feet in area, which shall be flat-mounted against the building.
(d) Other requirements:
1. Shall meet all state licensing requirements.
2. For adult care homes, all residents must be 55 years and older.
(9) Temporary lodging / inn.
(a) Bed and breakfasts.
1. Districts: R-12 and R-20.
2. Minimum lot area: none.
3. Other requirements:
a. Bed and breakfast inns are permitted only along Madison and Pinckney Streets in the R-20 and R-12 Districts;
b. Only in those houses that face Madison or Pinckney;
c. Only in the main building;
d. No more than five bedrooms can be used for guests;
e. One parking space for every rentable room; and
f. Signage (if requested) can be no larger than two feet by two feet in size.
(b) AirBnB / VRBO / Short-term rentals.
1. Districts: RA-20, R-20, R-12, R-6, O-I, B-1.
2. Minimum lot area: must meet all requirements of the development standards chart.
3. Must be a currently conforming, permitted, residential use.
4. Must be properly registered with the city.
5. Parking: off-street, on-site parking shall be provided for a minimum of two cars per dwelling for up to three bedrooms. For each additional bedroom over three within the subject dwelling unit, an additional parking space shall be provided.
(B) Commercial, office, and retail uses.
(1) Adult establishments.
(b) Operating hours: 8:00 a.m. to 12:00 a.m. (midnight).
(c) Location.
1. No adult establishment shall be located in any building or on any premises which is:
a. Within 1,000 feet from any residential use or residential zoning district;
b. Within 1,000 feet from any church or religious institution, day care center, public or private school, public park, public library or cemetery; and
c. Within 1,000 feet from any existing adult establishment.
2. Measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult establishment is conducted to the nearest portion of a building or structure of a use listed above.
(d) Maximum number of machines/ terminals/computers for any electronic gaming operation shall be 20 in any location.
(e) Parking: one parking space per 100 square feet of gross floor area plus one space for each employee at largest shift and handicapped parking as required by ADA.
(f) Window accents: windows may be tinted, however, interior shall be lit and visible from the street, except for sexually oriented businesses, in which case no business activity shall be visible from outside the building.
(g) Rules applicable only to billiard rooms or pool halls:
1. It shall be unlawful for any person to operate within the city any billiard or pool table for profit after 12:00 p.m. and before 7:00 a.m. of each weekday, or after 12:00 p.m. on Saturday night and until 1:00 p.m. on Sunday, and after 12:00 p.m. Sunday night until 7:00 a.m. the following Monday.
2. It shall be unlawful for any person operating billiard or pool tables for profit in the city, to allow any room or place of business in which billiard or pool tables are operated to remain open during the closed periods provided for herein, or to remain in the place of business or allow other persons to remain therein during the closed period each day as provided for herein.
3. It shall further be unlawful for any person, whether connected with the operation of the billiard or pool tables or not, to remain in the place of business at any time during the closed period provided for above.
(h) Plans are required and must show:
1. Topography of the site at contour intervals not greater than two feet;
2. Structures: location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto;
3. Signage: proposed location of all free standing signs;
4. Circulation: proposed points of access and egress and pattern of internal circulation;
5. Parking and loading: layout of parking spaces;
6. Lighting: lighting plan, inclusive of wattage and illumination;
7. Drainage: proposed provision for storm drainage, approved by the Planning Director or his or her designee; and
8. Screening and fencing: layout of all screening and fencing.
(2) Auto and gasoline services.
(a) Plans are required and must show:
1. Structures: location of permanent and temporary buildings;
2. Sign and size of sign;
3. Circulation: proposed points of access and egress, and pattern of internal circulation;
4. Parking: areas reserved for parking must be shown. See parking regulations § 155.111; and
5. Lighting: lighting plan for temporary or permanent lighting must be provided, inclusive of wattage and illumination.
(b) Screening and fencing: a screen of dense plant material where the proposed site of the convenience food store abuts a residential lot or an area zoned solely for residential purposes.
(c) Tire recapping and tire sales. No outside storage allowed.
(3) Personal and professional services.
(a) A site plan showing parking and lighting is required. Note: outside lighting is required if the business operates after 5:00 p.m.
(c) No freestanding signage. All signage must be mounted flat on the building except for directional signs of two square feet or smaller.
(d) Standards for tattoo and body piercing establishments. Tattoo and body piercing establishments shall be permitted in the O-I, B-l, B-2, B-3, B-4 and I-1 zoning designations subject to the following standards:
1. The owner, employees, and all patrons of the establishment must be over 18 years of age.
2. The business establishment shall only conduct business to the public between 8:00 a.m. and 10:00 p.m. daily.
3. The business shall abide by all federal, state and town regulations.
(4) Offices.
(a) Parking: property subject to this special use shall provide off-street parking in conformity with the requirements for off-street parking as specified in § 155.110 for the abutting O & I, B-2, B-3 or B-4 Zones. If the lot abuts more than one zone, the City Council shall determine which parking requirements shall apply.
(b) Screening and fencing: a visual buffer containing a fence six feet in height shall be installed and maintained between all residential use property and the special use property. The fence shall prevent vision from the residential use property to the special use property and shall be made of wood, masonry or bricks. The fence shall be in reasonable architectural design for the surrounding area.
(c) Plans are required and must show:
1. Topography of the site at contour intervals not greater than two feet;
2. Structures: location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto;
3. Signage: proposed location of all freestanding signs;
4. Circulation: proposed points of access and egress and pattern of internal circulation;
5. Parking and loading: layout of parking spaces;
6. Lighting: lighting plan, inclusive of wattage and illumination;
7. Drainage: proposed provision for storm drainage, approved by the Planning Director or his or her designee; and
8. Screening and fencing: layout of all screening and fencing.
(d) Other requirements:
1. The specific property upon which the special use is sought must directly abut, or abut only across a public street or highway, a zone designed as B-1, B-2, B-3, B-4 or O & I;
2. Only existing structures of less than 3,000 square feet, to be used in their current condition or to be rehabilitated, are eligible for this special use, and no structure may be remodeled in such a manner as to increase its size;
3. Any structure eligible for this conditional special use shall, at all times, remain in reasonable architectural conformity with other structures in the residential zone which it occupies. Failure to do so shall result in the revocation of the special use permit by the City Council;
4. A single, freestanding sign, unlighted and not larger than 36 inches by 48 inches shall be allowed. Additionally, a single sign of the same size or less may be attached flush with the front of the structure and must conform to the necessary requirements as set forth in the zoning ordinance;
5. This special use shall not run with the land and successor owners or occupiers of the property. Successor owners or occupiers may use the property for its special use only upon approval of the same by the City Council under those procedures provided thereby for original applications for this special use; and
6. The special use shall not result in an increase in vehicular traffic exceeding 10% of the average daily traffic existing immediately prior to approval of the special use on any residential street.
(5) Retail.
(a) A site plan showing parking and lighting is required. Note: outside lighting is required if the business operates after 5:00 p.m.
(c) No freestanding signage. All signage must be mounted flat on the building except for directional signs of two square feet or smaller.
(6) General commercial.
(a) Farmers market/flea market/auction sales.
1. Districts: B-3.
2. Itinerant merchants required by the city to obtain a business license shall only be allowed to operate in approved flea markets located in approved zones.
3. Plans are required and must show:
a. Structures: location of permanent and temporary buildings; trailers, tents sign and size of sign;
b. Circulation: proposed points of access and egress, and pattern of internal circulation;
c. Parking: areas reserved for parking must be shown; and
d. Lighting: lighting plan for temporary or permanent lighting must be provided, inclusive of wattage and illumination.
(b) Kennels.
1. District: B-3.
2. Screening and fencing: a screen of dense plant material where the proposed site of the animal medical care facility abuts a residential lot or an area zoned solely for residential purposes.
3. Plans are required and must show:
a. Structures: location of buildings and sign, and size of the sign;
b. Circulation: proposed points of access and egress and pattern of internal circulation;
c. Parking: layout of parking spaces; and
d. Lighting: lighting plan, inclusive of wattage and illumination.
(C) Institutional, Civic, and Educational Uses.
(1) Religious institution.
(a) Districts: RA-20, RA-20MH, R-20, R-12, R-6, R-6MHP, R-6MF, I-1, I-2.
(b) Parking: one off-street parking space for every four seats in the congregation meeting area. On-street parking should be utilized in a way that no driveways are blocked, and traffic flow can continue unobstructed. Parking should not inhibit movement of trucks and traffic associated with the surrounding area.
(c) Attendance: must adhere to the maximum capacity of the building (as set by the Planning Director or his or her designee).
(d) Other requirements:
1. The primary use of the building (church services, revivals, meetings and the like) should not inhibit the daily functions of the surrounding industrial area; and
2. Activities should be concluded no later than 11:00 p.m.
(2) Cultural/community center.
(a) Districts: R-6, R- 6MF, O-I, B-1, B-2, B-3, B-4, I-1.
(b) Parking: property shall provide off-street parking in conformity with the requirements for off-street parking as specified in § 155.110 or one space for each employee on the largest shift and one space for each 100 square feet of gross floor area, whichever is greater.
(c) Access: the site shall have direct access to a collector street, or major or minor thoroughfare.
(d) Outside lighting: the parking areas must have adequate outside lighting so the parking spaces can be seen from the building.
(e) Screening and fencing: a visual buffer containing a fence six feet in height shall be installed and maintained between all residential use property and the special use property. The fence shall prevent vision from the residential use property to the special use property and shall be made of wood, masonry or bricks. The fence shall be in reasonable architectural design for the surrounding area.
(f) If a swimming pool is associated with the facility, it shall be subject to the regulations contained in § 155.066(G)(1).
(g) Plans are required and must show:
1. Topography of the site at contour intervals not greater than two feet;
2. Structures: 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. Parking and loading: layout of parking spaces;
5. Lighting: lighting plan, inclusive of wattage and illumination;
6. Drainage: proposed provision for storm drainage, approved by the Planning Director or his or her designee;
7. Screening and fencing: layout of all screening and fencing; and
8. Signage: no freestanding signage. All signage must be mounted on the side of the building except directional signs of two square feet or smaller.
(3) Day care.
(a) District: RA-20, R-20, R-12, R-6, O & I.
(b) Minimum areas for child care centers: gross floor area at least 25 square feet of heated inside space per child shall be provided. If any outdoor activities are performed then an outdoor play area must be provided with 100 square feet per child enrolled, with a 4,000 square foot minimum. Such outdoor play area shall be enclosed by a minimum of six-foot tall security fence. Outdoor activities shall be limited to the fenced area between 8:00 a.m. and 8:00 p.m.
(c) Parking: one space for each employee and four spaces for off-street passenger loading and unloading space separate from parking, plus adequate turnaround area required in all districts.
(d) Screening and fencing: a screen of dense plant material and a fence constructed according to setback requirements, where the proposed site of the child care facility abuts a residential lot on an area zoned solely for residential purposes.
(e) Other requirements:
1. All facilities and residences shall be licensed and/or sponsored by the appropriate state or local agency as required by state law; and
2. All facilities must conform to all state and local building, fire and health codes which apply to such facilities.
(4) Education.
(a) Districts: RA-20, R-20, R-12, R-6, I-1.
(b) Minimum lot area: the minimum lot area for the school shall be computed based upon the highest grade within the school. The minimum lot area shall be as follows:
1. Kindergarten through seventh grade: 200 square feet of land area per student in all grades;
2. Kindergarten through ninth grade: 300 square feet of land area per student in all grades; and
3. Kindergarten through twelfth grade: 400 square feet of land area per student in all grades.
(c) Parking and loading: see § 155.111 for applicable parking ratios.
(d) Drainage: proposed provision for storm drainage, approved by the Planning Director or his or her designee.
(e) Plans are required and must show:
1. Structures: location and approximate size of all existing and proposed buildings and structures within the site and on lots adjacent thereto;
2. Circulation: proposed points of access and egress and pattern of internal circulation; and
3. Parking and loading: layout of parking spaces.
(5) Cemetery.
(a) District: RA-20 and O-S.
(b) Minimum lot area: As required by state laws.
(c) Parking and loading: adequate off-street parking facilities for funeral processions.
(d) Screening and fencing: a screen not less than six feet high of dense plant material where cemetery abuts a residential lot.
(e) Plans are required and must show:
1. Topography: well drained site with adequate storm drainage facilities;
2. Structures: location of signs, entrance and buildings must be shown on the plan; and
3. Circulation: proposed points of access and egress and pattern of internal circulation, and funeral processions route, if possible.
(f) Other details:
1. Proposed restrictions, if any; and
2. Maximum size of sign shall be 36 square feet, and there is a limit of one sign per street frontage.
(D) Industrial.
(1) The following light/heavy industrial uses are not permitted:
(a) The manufacturing, processing, fabrication and/or bulk storage of acetylene gas (except for use on premises), ammunition, explosives, fireworks, gunpowder, jute or matches; and
(b) The manufacturing, processing and/or fabrication of acids (except non-corrosive acids), ammonia, ammonium nitrate, animal by-products, bleaching powder, cellulose, chlorine, creosote and creosote treatment, detergents, enamels, lacquers, linoleum, oilcloth, paints, paper pulp, pigments, lime, plastic, rubber (except tire recappers), soaps, tannery products, turpentine, varnishes, whiting and/or wood fillers. The fabrication of plastics is exempt from this prohibition.
(2) Petroleum remediation facility.
(a) Districts: I-1, I-2.
(b) Construction must meet all state and federal requirements for a project of this type, including proper emergency spillage facilities;
(c) Facility must be enclosed by a six-foot high chain link fence; and
(d) Facility must meet buffer requirements as provided in § 155.080.
(3) Bottling plants.
(a) District: B-3.
(b) Parking and loading: one and one-half off-street parking spaces for each employee on the largest shift. Parking layout must be shown on the required plans. Development must meet specifications set forth in § 155.113.
(c) Screening and fencing: development must comply with the requirements included in § 155.080(G).
(d) Plans are required and must show:
1. Sign: proposed location of all freestanding signs;
2. Structures: 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: layout of lighting sources; and
5. Screening and fencing: layout of all screening and fencing.
(4) Outdoor sales and storage.
(a) Districts: B-3, requires special use permit, I-1, 1-2 subject to division (4)(b).
(b) Salvage operations and junkyards.
1. The salvage operation and junkyard shall be entirely surrounded by a screened security fence, or by a non-screened security fence and vegetation screen. In the event that a salvage operation or junkyard shall be surrounded by a non-screened security fence, a vegetation screen shall be planted on at least one side and contiguous to the security fence. The vegetation shall be of a type that will reach a minimum height of six feet within five years and shall be planted at intervals evenly spaced and in close proximity to each other so that a continuous, unbroken hedge row will exist along the length of the security fence surrounding the salvage operation or junkyard. Each owner, operator or maintainer of a salvage operation or junkyard, to which this chapter applies, and who chooses to surround the salvage operation or junkyard with a security fence and vegetation screen, shall utilize good husbandry techniques with respect to the vegetation, including, but not limited to, proper pruning, proper fertilizer and mulching so that the vegetation will reach maturity as soon as possible and will have maximum density and foliage. Dead or diseased vegetation shall be replaced at the next appropriate planting time.
2. The security fence shall be maintained in good order and shall not be allowed to deteriorate. All gates shall be closed and securely locked at all times, except during business hours.
3. The Planning Director, or his or her authorized agents, shall have discretion to determine whether screened fence or security fence and vegetation screen is in compliance with this section. The Planning Director or his or her designee shall be available to assist an owner, operator or maintainer of a salvage operation or junkyard, upon request of the owner or operator, in the formulation of plans for the fencing and vegetation screen.
(E) Agricultural.
(1) Farms. The breeding, raising, keeping, feeding, housing, boarding, storing, selling and production of livestock for commercial purposes or commercial use, including the operation of hog parlors, chicken houses, rabbit farms, turkey houses, stables or any kindred or livestock operations shall be prohibited in all zones within the planning area of the city.
(a) Except the keeping of pigs, cows, chickens, rabbits or turkeys or any kindred on a bona fide farm for personal consumption or use only and not for sale, trade, or exchange, may be permitted in RA-20 and RA-20MH Zones only, which are not within the corporate limits of the city. Riding schools and commercial stables shall be permitted only on a bona fide farm in the RA-20 and RA-20MH Zones, which are not within the corporate limits of the city, and must meet the conditions as set forth in division (E)(1)(b) below.
(b) Except the grazing of horses, cattle, sheep, and goats, on a bona fide farm which shall be permitted under the following restrictions:
1. No slaughtering of such animals;
2. Such animals shall be contained in a fenced area which is at least 100 feet from the public roads and located at least 300 feet from any adjoining property owner's dwelling; and
3. The pasture land shall be capable of providing for, under normal conditions, the number of horses, cattle, sheep, and goats as determined by the regulations of the North Carolina Department of Agriculture.
(F) Infrastructure/transportation.
(1) Solar collector. Solar collectors as an accessory use may be roof-mounted or freestanding ground/ pole-mounted.
(a) Setbacks. All solar energy collectors, whether ground-mounted or mounted on an existing structure, shall meet all appropriate setbacks applicable to accessory structures.
(b) Height. The height of the structure shall not be taller than the allowed height of a structure in the zoning district in which it is located. Ground- or pole- mounted solar energy systems shall not exceed 25 feet in height when oriented at maximum tilt. Solar collection devices shall not be included in computing lot coverage.
(c) No more than two freestanding solar collectors shall be permitted as accessory uses.
(2) Solar energy systems, large scale (solar farms).
(a) District: RA-20, I-1 and I-2.
(b) Height: systems, equipment and structures shall not exceed 25 feet in height when ground- mounted. Excluded from this height requirement, however, are electric transmission lines and utility poles. Roof- mounted systems shall not exceed the maximum height for the applicable zoning district.
(c) Setback: active solar system structures must meet the following setbacks:
1. Ground- mounted: ground- mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the zoning district in which it is located; and
2. When abutting a residential zone, any equipment producing sound/noise shall be set back 100 feet from the property line.
(d) Screening and fencing: adequate fencing shall be provided along the perimeter of the area (with all entrances gated) to prevent trespassing on the property.
1. When abutting residential zones, a buffer shall be required as per § 155.080(G).
2. Emergency access by governmental authorities shall be allowed 24/7.
(e) Lighting: all lighting shall be arranged and shaded so as to reflect the light away from adjoining properties and streets.
(f) Noise: noise levels measured at the property line shall not exceed 50 decibels when located adjacent to an existing residence or residential district.
(g) Power transmission lines: to the extent practical, all new power transmissions lines to any building, structure or utility connection shall be located underground. Existing above ground utility lines shall be allowed to remain in their current location.
(h) Approved solar components: electric solar system components must have a UL listing.
(i) Compliance with building and electrical codes: all solar farms shall be in conformance with the requirements of the State Building and Electrical Codes (current edition), the state and the city. All active solar systems shall be inspected by the City Planning Director or his or her designee.
(j) Utility notification: no grid tied photovoltaic system shall be installed until evidence has been given to the Inspections and Planning Department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(k) Abandonment: it is the responsibility of the owner to notify the city and to remove all obsolete or unused systems within six months of cessation of operations. Reusable components are to be recycled whenever possible.
(3) Wireless telecommunication towers. See Ch. 156 of this code of ordinances, Wireless Telecommunications Facilities or Complexes.
(G) Parks and recreation.
(1) Swimming pools and facilities (not including residential, backyard pools).
(a) Minimum lot area: swimming club, one acre for each 40 club members (or families). Swim clubs having only a swimming pool with bathhouse facilities and open only during the swimming season are exempt from the minimum lot area requirement if all activities and facilities (other than parking) are located no closer than 50 feet to any property line;
(b) Parking: One space for each five members or families;
(c) Screening and fencing: the swimming pool area shall be enclosed by fencing not less than five feet in height;
(d) Plans are required and must show:
1. Structures: location and approximate size of all existing and proposed structures and play-fields; and
2. Parking: layout of parking spaces and traffic circulation.
(e) Other requirements:
1. There shall be provided in any swimming pool, water area at a depth of five feet or less in the ratio of 7.2 square feet per member (or family). Water areas deeper than five feet shall not be included as a part of the minimum pool area to satisfy this requirement;
2. No improvements, structures, sidewalks or play areas or equipment shall be closer than 50 feet to any adjoining property lines. Parking areas may be permitted within 20 feet of any adjoining property line if the above-mentioned 20-foot strip is used for planting designed to grow at least three feet thick and six feet high;
3. Adjacent to swimming pools there shall be provided paved patio area(s) in the ratio of two square feet of paving for each square foot of water area that is five feet or less in depth; and
4. Lights shall be located and shielded so as not to adversely affect adjacent property.
(2) Arcade/amusement center.
(a) District: B-1.
(b) Operating hours:
1. Monday through Saturday: open at 9:00 a.m.; close at 11:00 p.m.
2. Sunday: open at 1:00 p.m.; close at 11:00 p.m.
(c) Inside lighting: building must be well-lit in order to see from wall to wall.
(d) Partitions: no partitions or wall dividers can be installed to block view inside. The employee must be able to see entire arcade area.
(e) Rules: arcade must have posted rules for patrons to abide by. The rules must be enforced at all times. The rules should address the dress code and behavior. The rules must be approved by City Council.
(f) Supervision: adult supervision at all times. (Adults must be 21 years of age or older)
(g) Parking areas: all parking areas must be well-lit.
(h) Inside lights: all inside lights must be turned off no later than 15 minutes after closing hours.
(H) Accessory uses.
(1) A facility that is permitted with a special use permit for the Board of Adjustments as follows:
(a) Church or religious institutions. In all zoning districts when operated by a religious institution on the same zoning lot and within buildings also used for religious activities; and
(b) Public or private schools. In all zoning permitting public or private schools when operated by the school on the same zoning lot and within buildings also used or school activities.
(2) Other requirements:
(a) All facilities and residences shall be licensed and/or sponsored by the appropriate state or local agency;
(b) All facilities must conform to all state and local building, fire and health codes which apply to such facilities; and
(c) Setbacks: no building, dumpster, or recreational area shall be less than 100 feet from any property line adjacent to property zoned residential.
(3) In O & I and B-2 Districts, there shall be no open storage as an accessory use.
(4) In the I-1 District, open storage as an accessory use shall be permitted, provided it is enclosed by a fence not less than six feet in height.
(5) No permanent residential occupancy shall be allowed as an accessory use in B-1, B-2, B-3, I-1 or I-2 Districts.
(6) An accessory use in RA-20, R-20, R-12, R-6, R-6MF or O & I Districts shall not include the residential occupancy of an accessory building except by employees employed on the premises and immediate family of the employees.
(7) Swimming pools. All outside swimming pools shall be surrounded by a fence at least four feet in height. The installation of the fence shall comply with the applicable section of Appendix G of the State Building Code.
(8) Home occupations.
(a) Home occupations are permitted only as an incidental use and are limited to the following:
1. Art gallery or the office or studio of a physician, artist (not inclusive of a studio of a commercial photographer), general or trades contractor, musician, insurance agent, lawyer, real estate broker, teacher or other like professional person residing on the premises;
2. Workshops not conducted for profit;
3. Customary home occupations such as millinery, dressmaking, laundering or pressing and tailoring conducted by a person residing on the premises;
4. Rooming and/or board of not more than three persons; and
5. Single operator beauty shop or barber shop.
(b) And provided, furthermore, the home occupations listed above shall meet the definition of home occupations in § 155.018, Definitions, and be permitted subject to the following limitations:
1. No exterior display of products;
2. No mechanical equipment shall be installed or used except such that is normally used for domestic or professional purposes and which does not cause noises or other interference in radio and television reception;
3. No accessory buildings or outside storage shall be used in connection with the home occupation;
4. Not over 25% of the total floor area or 500 square feet, whichever is less, shall be used for a home occupation; and
5. Only one employee may be employed by the home occupation who is not a resident of the dwelling.
(I) Miscellaneous.
(1) Planned developments.
(a) Districts: RA-20, R-20, R-12, R-6, R-6MF, O & I, B-3, B-4, I-1, I-2.
(b) Planned developments are of such substantially different character from other uses that specific and additional standards are hereby established to guide the recommendations of the Planning Board and the action of the City Council during the special use permit or conditional district rezoning process.
(c) Purpose: some specific purposes of the planned development procedure are:
1. Planned business development.
a. To promote the cooperative development of business centers each with adequate off-street parking;
b. To control access points on thoroughfares;
c. To separate pedestrian and automobile traffic;
d. To aid in stabilizing property values;
e. To develop centers of size and location compatible with the market potential; and
f. To buffer adjacent residential structures and increase compatibility between homes and commercial structures.
2. Planned office and institutional/ related retail development.
a. To offer on the same tract of land uses allowed in the Office and Institutional Zoning District and the following classes of related retail development: personal service establishments; small specialty shops; drug stores; and eating establishments with the exception of drive-in/through facilities;
b. To promote the economical and efficient use of land;
c. To reduce development costs;
d. To provide a wide range of services on one site; and
e. To reduce the cost of public facilities and services (water, sewer, trash disposal, public safety and the like).
3. Planned industrial development.
a. To promote the establishment of industrial parks;
b. To permit groups of industrial buildings with integrated design and a coordinated physical plan;
c. To encourage recreational facilities within industrial areas; and
d. To buffer adjacent residential areas with landscaped green spaces.
4. Planned manufactured home development.
a. To add to the sense of spaciousness through the preservation of natural green spaces;
b. To counteract the effects of urban monotony and congestion in the streets;
c. To encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions;
d. To encourage the placement of structures in proper relationship to the natural characteristics of the site; and
e. To provide more affordable single-family housing.
5. Planned mixed residential/ business development.
a. To offer the advantages cited in "Planned Developments" divisions (1)a.1. and (1)a.5. above on the same tract of land;
b. To promote the economical and efficient use of land;
c. To reduce development costs thereby making housing available to more people;
d. To provide living accommodations and services on one site thereby enhancing the continued independence of special populations such as the elderly;
e. To reduce the cost of public facilities and services (water, sewer, trash disposal, public safety and the like); and
f. To allow on the same tract of land all uses allowed in the B-2 and R-6ME Districts.
6. Planned residential development.
a. To offer recreational opportunities close to home;
b. To enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty;
c. To add to the sense of spaciousness through the preservation of natural green spaces;
d. To counteract the effects of urban monotony and congestion in the streets;
e. To encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions;
f. To promote harmonious architecture between adjacent dwellings or institutional buildings; and
g. To encourage the placement of structures in proper relationship to the natural characteristics of the site.
7. Planned residential and institutional development.
a. To offer on the same tract of land uses allowed in residential and institutional zoning districts. Institutional use is restricted to nursing facilities/ institutions, nursing homes, adult care/assisted living facilities;
b. To promote the economical and efficient use of land;
c. To enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty;
d. To provide living accommodations and services on one site thereby enhancing the continued independence of special populations such as the elderly;
e. To reduce cost of public facilities and services;
f. To promote harmonious architecture between adjacent dwelling or institutional buildings; and
g. To encourage the placement of structures in proper relationship to the natural characteristics of the site.
8. Planned residential with multi-family development.
a. To offer recreational opportunities close to home;
b. To enhance the appearance of multi-family developments by the preservation of vegetation;
c. To encourage cooperative relationships with adjacent land uses;
d. To promote harmonious architecture between adjacent land uses; and
e. To encourage the placement of structures in proper relationship to the natural characteristics of the site.
(d) Required information. the developer shall be required to submit the following information, and any other information that may be required by the Planning Board or City Council:
1. A site plan drawn to a scale of one inch equals 40 feet that includes all of the following information:
a. A north arrow;
b. A key map of the site with reference to surrounding property and uses and existing street locations;
c. The name and address of the property owner and applicant or agent, together with the names of all contiguous land owners (to include the property across any abutting street);
d. Lot dimensions;
e. Location of all structures, streets, entrances, on the site, on contiguous property, and property directly across the street;
f. Location and dimension(s) of proposed structure(s);
g. Building setback, side line and rear yard distances;
h. All existing physical features including streams, watercourses, existing trees greater than four inches in diameter, measured six feet above ground level, and soil conditions;
i. Topography at two-foot contours showing existing and proposed elevations when required by the Administrator;
j. Parking, loading and unloading areas shall be indicated with dimensions, traffic patterns, access aisles and curb radii;
k. Traffic-control devices;
l. Improvements such as roads, curbs, bumpers and sidewalks shall be indicated with cross-sections design details and dimensions;
m. Erosion of sediment control plan;
n. Location of existing and proposed storm water systems, sanitary waste disposal systems, water mains and hydrants, and method of refuse disposal and storage;
o. Landscaping with buffering plan showing what exists, what will remain, and what will be planted indicating names of plants and trees, dimensions, time of planting and maintenance plans;
p. Lighting details indicating type of standards, locations, radius of light and intensity of foot candles; and
q. Location, dimension, and details of signs.
2. A draft of the proposed protective covenants whereby the owner proposes to regulate land-use and otherwise protect the proposed development;
3. A draft of any proposed incorporation agreement and a draft of any bylaws or easement declarations concerning maintenance of recreational and other common facilities; and
4. Data on the market potential necessary to support the location of the site and the size of uses in any planned development.
(e) Development standards. In the case of any planned development, where development standards and regulations of this chapter within the boundaries of such development need to be modified to allow for the flexibility and design required, it is recommended that the applicant utilize the conditional district (rezoning), and provide site-specific regulations to address the proposed design. The Planning Board shall find:
1. Such differentiation in standards shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property, than would be obtained under the development standards regulations of this chapter for buildings developed on separate zoning lots;
2. Spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this chapter on separate zoning lots; it does not apply in corner-to-corner placement of buildings where perpendicular wall exposures do not overlap, due consideration being given to the openness normally afforded by intervening streets and alleys;
3. Along the periphery of such planned developments, yard shall be provided as required by the regulations of the district in which said development is located; and
4. In a residential development the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located, and then increasing this number by 15%. Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area and deducting 10% of the remainder for streets regardless of the amount of land actually required for streets. The area of land set aside for common open or recreational use may be included in determining the number of dwelling units permitted.
(f) Designation of permanent common open space. No plan for a planned development shall be approved unless such plan provides for permanent open space equivalent to 20% of the total area in single-family residential planned developments, 30% in multiple-family planned developments and 5% in business and industrial planned developments.
(g) Minimum lot area in residential planned developments. Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of division (e)4. above, and provided that the permanent common open space is in accord with division (f), the planned development may include minimum lot areas per dwelling unit which are less than required in the applicable zoning district.
(h) Manufactured home development standards. Manufactured home developments must meet all planned residential requirements, as well as the following criteria:
1. Must meet the development standards as shown in § 155.080, Development Standards;
2. Front door shall face a paved street or rural road;
3. Must be placed on a permanent foundation (i.e., poured concrete footings and cemented masonry piers);
4. A curtain wall made of masonry type material must be placed around the entire perimeter of the manufactured home; and
5. Trailer tongue must be removed and disposed of off site.
(2) Hazardous materials.
(a) District: B-3 and O-I.
(b) Other requirements:
1. Construction must meet all state and federal requirements for a project of this type. This should include proper emergency spillage facilities approved by the state;
2. Copy of approval by the North Carolina Department of Transportation allowing driveway access to the lot (if required by the state);
3. Tank must be enclosed by six-foot high chain link fence; and
4. Must have required screening.
(c) Storage of flammables. The permitted use of bulk storage of bottled gas (distribution) or storage of flammables is prohibited in the city's Fire District.
(3) Food truck/mobile vendors. Food trucks/mobile vendors shall be permitted in the B-1, B-3, B-4, and O & I zoning designations subject to the following standards:
(a) Permitting. A food truck/mobile vendor zoning permit shall be required prior to the operation of a mobile vendor trailer or vehicle. A $500 commercial zoning permit will be assessed to cover the costs associated with regulation of food trucks/mobile vendors. All food trucks/mobile vendor operators shall obtain a food truck/mobile vendor permit from the Planning Director on an annual basis.
1. A food truck/mobile vendor permit is valid through December 31 of the year upon which the permit was issued. This permit shall be posted in a visible location on the mobile vendor.
2. Food truck/mobile vendor operators shall have the signed approval of the property owner for each location at which the vendor operates. This approval must be made available with the permit application. A property may have more than one food truck/mobile vendor if spacing requirements allow.
3. A food truck/mobile vendor operating as a food truck shall provide documentation of approval from the North Carolina Department of Health. A valid health permit must be maintained for the duration of a mobile food truck vendor permit and shall be placed in a visible location for public inspection.
4. No permit issued shall authorize a food truck/mobile vendor to operate on a public right-of-way unless located on the south side of E. and W. Main St. with city approval.
5. Food trucks operating in the B-3 and O & I zoning designations must be located on acreage of 0.5 or greater for spacing requirements.
(b) Regulations. Mobile vendors not operating as food trucks are exempt from day and time regulations as long as they have obtained all local and state permits. Food trucks, excluding mobile vendors, shall be allowed in the B-1 and B-4 zoning districts where permitted on Thursday, Friday, and Saturday during the hours of 3 p.m. until 10 p.m. and on Sunday during the hours of 7 a.m. until 10 p.m. unless otherwise stated below with the following restrictions. Food trucks, excluding mobile vendors, shall be allowed in the B-3 and O & I zoning districts where permitted on Thursday, Friday, Saturday and Sunday during the hours of 7 a.m. until 10 p.m. unless otherwise stated below with the following restrictions:
1. Temporary connections to potable water are prohibited. Temporary electrical, plumbing, or other utility connections are prohibited.
2. Food trucks/mobile vendors shall only operate on private property, unless they are included in a city, county, or state approved special event. Special or scheduled events held at Vineland Depot may have food trucks/mobile vendors during scheduled events.
3. Food trucks operating during special, scheduled, city, county, or state sponsored events are exempt from operating procedures pertaining to hours of operation and location excluding zoning designation.
4. Unless otherwise noted, no food truck/mobile vendor shall conduct business on any public right-of-way, sidewalk, upon any public road in the city or on any property owned by the city except for city approved special events.
5. A food truck/mobile vendor must have the following fire extinguisher on board during hours of operation: minimum Class 2A, 10B, and C rated extinguisher. If food preparation involves deep frying, a Class K fire extinguisher must also be on the truck.All other applicable federal and state fire codes must be met.
6. A food truck/mobile vendor shall not operate as a drive-in window. Food trucks/mobile vendors shall only service pedestrian traffic.
7. Lighting shall be such that minimizes the glare on roadways and surrounding properties.
8. No signage shall be allowed other than signs permanently attached to the motor vehicle.
9. The noise level from the mobile vendor truck shall comply with the city's noise ordinance.
10. No vendor shall remain on site at one property for more than six consecutive hours. Food trucks are only allowed to operate on Mondays if a holiday falls on Monday pursuant to all other rules and regulations.
11. Food trucks/mobile vendors shall be positioned at least 15 feet away from any fire hydrants, any Fire Department connection, utility box or vault. The mobile vendor truck shall not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. A food truck/mobile vendor shall not impede ingress and egress from driveway entrances, handicapped parking spaces and ramps, building entrances and exits.
12. A food truck/mobile food vendor shall be allowed in conjunction with a permitted brewpub or taproom. Permitted brewpubs or taprooms shall only be allowed one food truck and it must be located on the same parcel as the brewpub or taproom. Hours of operation for the food truck shall be 5 p.m. until 12 a.m.
13. Regulations specific to food truck/mobile vendors are the following:
a. The food truck shall be positioned at least 100 feet from the customer entrance of an existing restaurant during its hours of operation, unless the vendor provides documentation that the restaurant owner supports a closer proximity.
b. A trash receptacle shall be provided for customers. All associated equipment, including trash receptacles, must be within three feet of the food truck.
c. No liquid, grease or solid wastes may be discharged from the food truck. Absolutely no waste may be disposed of in tree pits, storm drains, the sanitary sewer system or public streets.
(c) Suspension and revocation of permit.
1. The permit issued for the food truck/mobile vendor business may be revoked if the vendor violates any of the provisions contained in this chapter.
2. The Planning Director or his/her designee may revoke a permit if he or she determines that the mobile vendor's operations are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.
(J) Signs.
(1) Signs, electronic business identification.
(a) District: B-1, O & I, B-2, I-1 and I-2.
(b) Size and location:
1. Plans and/or illustrations must be submitted showing the size and location.
2. One sign with no more than two display areas shall be allowed per business.
3. The total square footage of any and all sign display area shall not exceed 40 square feet.
4. Signs shall not be located within 500 feet from another electronic business identification sign.
5. Unless wall- or building-mounted, freestanding signs must be set back at least ten feet from any right-of-way line or property line and shall not obstruct the vision of a street intersection for a distance of 50 feet from the right-of-way of the intersection.
(c) Display requirements:
1. Messages may not change more frequently than once every six seconds.
2. Full color and graphics are allowed as long as they do not violate other requirements.
3. Messages such as business advertisements, public service announcements and the like are allowed.
4. Video animation is not allowed.
(d) Illumination:
1. Sign(s) must not exceed 5,000 nits from sunrise to sunset and it shall not exceed 500 nits from sunset to sunrise.
2. Certification of illumination and any and all sign capabilities must be provided.
(2) Signs, outdoor advertising.
(a) District: B-3, I-1, I-2.
(b) Plans are required and must show:
1. Structures: location and approximate size of all existing and proposed structures within the site and 300 feet therefrom; and
2. Circulation: points of access and
egress within 200 feet of the proposed sign location.
3. All requirements discussed in § 155.154 must be illustrated on site plan.
(Ord. passed 2-27-1979; Ord. passed 10-27-1992; Ord. passed 5-23-1995; Ord. passed 4-27-2004; Ord. passed 10-26-2004; Ord. passed 11-13-2007; Ord. 10-08-02, passed 9-28-2010; Ord. 2013-3-26-18, passed 3-23-2013; Ord. 2017-O-47, passed 1-24-2017; Ord. 2018-Z-1, passed 2-13-2018; Ord. 2020-Z-14, passed 2-25-2020; Ord. 2020-Z-16, passed 9-22-2020; Ord. 2021-Z-19, passed 6-22-2021; Ord. 2022-Z-26, passed 10-25-2022; Ord. 2023-Z-27, passed 1-24-2023) Penalty, see § 155.999