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§ 156.506 CEMETERIES - RESERVED.
§ 156.507 CHILD DAY CARE/NURSERY SCHOOL FACILITIES.
   (A)   At least 100 square feet of outdoor play area shall be provided for each child.
   (B)   A completely fenced play area is required. No play area shall be allowed in the street setback.
   (C)   The applicant must obtain any and all required state licenses and comply with all state licensing requirements.
   (D)   Outdoor play times shall not be scheduled before 9:00 a.m. or after 8:00 p.m. Care should be taken to minimize noise impacts on adjacent residences.
(Res. 2022-23, passed 8-1-2022)
§ 156.508 ELECTRONIC GAMING OPERATIONS.
   (A)   All applicable permits must be issued to the applicant prior to the issuance of the special use permit and the opening of business. No electronic gaming operation or equipment associated with these establishments shall be located in a business or other use that does not have a Certificate of Occupancy (CO) specifically as an “Electronic Gaming Operation.” Such games are not permitted as an accessory use to any other business or use.
   (B)   The maximum number of electronic gaming terminals shall be determined by the following parking limitations:
      (1)   Two spaces per machine, or one space per every 100 square feet of total floor area, whichever is greater; and
      (2)   One additional space per each employee.
   (C)   If the electronic gaming operation provides more than three machines, during hours of operations, then at least one qualified security provider must be present on the premises.
   (D)   The establishment must not be located within one half mile of any church/house of worship or any public or private elementary, middle, or high school, community college, library, public park or playground, daycare center, library, or residential zoning district.
   (E)   The establishment must not be located within one half mile from any location that offers or is engaged in any type of electronic gaming or any adult or sexually oriented business.
   (F)   An application must contain a current certificate and straight-line measurement drawing prepared by within 60 days prior to application by a registered land surveyor depicting the distances between the land-uses contained within subsections (D) and (E) of this section. Measurement of distance separation shall be made as a straight-line measurement from the closest point of the structures being used for said land-use and the electronic gaming operation. For the purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
   (G)   The hours of operation of the establishment shall be from 8:00 a.m. until 10:00 p.m. daily.
   (H)   No alcoholic beverages shall be served or consumed on the premises of electronic gaming operations.
   (I)   All signage and promotional material visible from the exterior of the building must comply with the signage standards described in §156.407 of this Chapter.
   (J)   All electronic gaming operations shall be operated only on the ground floor of a building, and glass windows must allow a clear view inside from the street. Tinted windows, curtains, or any other material that would conceal or obstruct view of the operations from the outside is prohibited.
   (K)   At all times while open for business and while patrons are on the premises, all spaces within the electronic gaming establishment shall remain open for direct, unobstructed access by government officials including but not limited to building inspectors, zoning officials, police officers, fire department personnel and emergency response personnel. Entrance doors shall remain unlocked at all times while patrons are on the premises.
   (L)   The applicant acknowledges and agrees that in the event a special use permit is granted by the Zoning Board of Adjustment, the applicant will remain vicariously liable, both civilly and criminally,
for the actions and activities of applicant's agents, servants or employees in the performance of their duties.
(Res. 2022-23, passed 8-1-2022; Ord. 2024-05, passed 5-6-2024)
§ 156.509 EXTRACTION OF EARTH PRODUCTS - RESERVED.
§ 156.510 FAMILY CARE HOME.
   No new family care home is permitted within a one-half mile radius of an existing family care home.
(Res. 2022-23, passed 8-1-2022)
§ 156.511 HELICOPTER LANDING PADS.
   (A)   Allowed in B-2, General Business, M-1, M-2, Manufacturing.
      HELICOPTER LANDING PAD. The designated takeoff and landing area from which helicopter departures and approaches are intended to originate or terminate.
      HELIPORT. A helicopter terminal facility for general public transportation with support facilities. The word heliport shall mean an area on the ground used by helicopters, which may include, in addition to the landing pad, passenger and cargo facilities, maintenance, overhaul, fueling, service and storage facilities, tie-down areas, hangars, parking, and other necessary buildings and open spaces. The term HELIPORT includes the terms heliports and public-use heliport used in Federal Aviation Administration publications.
      HELISTOP. A limited use helicopter terminal facility, restricted by the owner to the support of a related business, institution, or other operation. The word HELISTOP shall mean an area, either on the ground or on a building, and shall include the landing pad used by helicopters for the purpose of picking up or discharging passengers or cargo, routine maintenance facilities, parking area, fuel pumping facilities (only if such activity is approved by the appropriate agencies), and storage or hangar facilities, but no other accessory facilities. The term HELISTOP includes the terms private-use heliport and personal-use heliport contained in Federal Aviation Administration publications, except for the limitations on the facility as noted.
   (B)   Supplementary requirements for helistops or heliports.
      (1)   Standards and requirements. All heliports and helistops will meet the standards and requirements imposed by the Federal Aviation Administration and all other federal, state, or local agencies having jurisdiction.
      (2)   Site size. The minimum site size of helicopter terminal facilities shall be:
         (a)   Helistops. One hundred feet in width by 100 feet in length for a rectangular area, or 120 feet in diameter for a circular area.
         (b)   Heliports. Two hundred feet in width by 400 feet in length for a rectangular area, or 325 feet in diameter for a circular area.
      (3)   Hours of operation. Non-emergency use of heliports and helistops between the hours of 10:00 p.m. and 6:00 a.m. is prohibited. Emergencies excepted are for public safety or medical purposes.
      (4)   Setbacks. Landing pads for on-grade helistops and heliports shall be set back a minimum of 100 feet from any property line and 400 feet from any building used for residential purposes, public or private schools, hospitals, or public parks.
      (5)   Location. Heliports shall be located a minimum 1,000 feet from other heliports or on-ground helistops and 50 feet from the easements for high voltage transmission lines.
      (6)   Access. An on-ground helistop or heliport shall be surrounded by a fence or other barrier which prohibits access except at a controlled access point. Adequate access for fire and other emergency vehicles shall be provided to on-ground sites.
      (7)   Design standards. Federal Aviation Administration standards for design of helicopter landing pads, taxiways, parking positions, and pavement grades shall be met. The helistop or heliport landing area shall be constructed of a material free of dust and loose particles which may be blown about by the down blast of the helicopter rotor. Adequate drainage shall be provided for the site and approved by the local jurisdiction.
      (8)   Lighting. Lighting for helistops or heliports is to be provided according to Federal Aviation Administration requirements and is to be oriented as much as possible away from adjacent uses.
      (9)   Approach surfaces. Approach surfaces and transitional surfaces for landings and take-offs must be sufficiently clear of obstructions to meet Federal Aviation Administration slope standards. If necessary, a curved approach may be used. The landing area shall be aligned to give maximum into-the-wind operation.
      (10)   Location on structures. Heliports may not be located on structures. Helistops located on structures require certification of the structure's integrity by an engineer.
      (11)   Setback adjustments. All setback and distance requirements for elevated helistops may be reduced one foot for each one foot of the elevation above ground level.
      (12)   Operation at an airport. A heliport or helistop may be operated at an airport facility with the approval of the Federal Aviation Administration and airport administration.
(Res. 2022-23, passed 8-1-2022)
§ 156.512 JUNKYARDS, MOTOR VEHICLE GRAVEYARDS, AND SALVAGE YARDS.
   (A)   Junkyards, motor vehicle graveyards, and salvage yards must adhere to the following development standards and/or conditions.
   (B)   Nonconforming motor vehicle storage yards, junkyards, and salvage operations. Nonconforming vehicle graveyards, junkyards, and salvage yards that were legally established but are not currently allowed within the zoning district in which they are located and/or do not meet the development standards of this section may not be continued for more than one year after the date of this amendment (April 19, 2010) unless the following conditions are met:
      (1)   A principal structure shall be located on parcel. The storage area shall be located in the rear yard of a principal structure and more than 50 feet from the street right-of-way;
      (2)   The storage area shall be screened by an opaque wall or fence that is a minimum of six feet tall and is constructed of wood, vinyl, masonry, or similar material. Chain link fence with vinyl slats may not be used to satisfy this requirement. No items may be stacked taller than the wall or fence. If deemed necessary by the Zoning Enforcement Officer, a site plan shall be submitted to determine the required fencing height and design, which is to be based on the visibility lines and terrain of the parcel in question and/or surroundings areas;
      (3)   Burning shall not be permitted;
      (4)   Disposal of garbage unrelated to motor vehicles shall be in an approved container and regularly maintained. Open dumping of garbage shall be prohibited;
      (5)   Disposal of toxic and/or hazardous matter is prohibited anywhere without a state permit;
      (6)   Stock piling of tires and batteries is prohibited; and
      (7)   Storage of items shall be so arranged as to permit easy access for fire-fighting purposes, which will be reviewed and approved by the Wilkesboro Fire Inspector.
(Res. 2022-23, passed 8-1-2022)
§ 156.513 KENNELS.
   (A)   Accessory residential use. A kennel located in the R20A or R20 districts shall be an accessory use to a permitted residential use, as listed in § 156.303.
   (B)   Minimum parcel size. The parcel on which a kennel is to be located shall be a minimum of two acres.
   (C)   Operation requirements.
      (1)   All animals shall be provided pens that are fully enclosed. Other than when using a run, animals must be kept confined. The facility, including the pens, must be heated and air-conditioned. Only domesticated animals and birds may be kept in the kennel. Reptiles, wild, and/or exotic animals are prohibited.
      (2)   All parts of the kennel operation shall be maintained in a clean, healthy, sanitary, and unoffensive condition, and shall conform to all applicable requirements of the town, county, and state. Kennels shall be inspected by appropriate agencies annually.
   (D)   Outside animal runs. Any run located partially or wholly outdoors shall be located at least 50 feet from any lot line and 750 feet from any existing residential structure, not including the primary residence as required in division (A) of this section. The use of outdoor runs or facilities is restricted to the hours between 8:00 a.m. and 5:00 p.m. No more than five outside runs shall be permitted. A maximum of 12 animals shall be permitted in outside runs at one time.
   (E)   Noise and aromas. It shall be the responsibility of the owner of the kennel to demonstrate prior to permitting appropriate measures to assure that animal noise, including barking, is abated. Aromas emanating from the kennel may not permeate beyond the boundaries of the property, and it shall be the responsibility of the owner of the kennel to take appropriate measures to assure that animal aromas are abated.
   (F)   Signage. In R20 and R20A districts, one sign is required at all entrances to the parcel, not to exceed 12 square feet in area, including emergency phone number. Kennels in B2 and M2 shall comply with the standards set forth in § 156.407.
   (G)   Parking. Adequate parking shall be provided in compliance with § 156.405.
   (H)   Screening. All outside runs shall be screened from public rights-of-way. Additionally, all outside runs shall be screened from adjoining properties. Screening can be composed of landscaping, fencing, existing vegetation, substantial geographic divides (e.g., perennial waterways, public rights-of-way, extreme topography, etc.), or combination thereof. Existing vegetation used for screening must be located on the parcel on which the kennel is located.
(Res. 2022-23, passed 8-1-2022)
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