A. Asphalt or Concrete Plant. An asphalt or concrete plant shall comply with the following standards:
1. Setbacks. An asphalt plant shall be located at least 50 feet from a lot line.
2. Security Fencing. A security fence, a minimum of six feet in height, shall be provided around the use.
3. Rehabilitation.
a. Within one year of the cessation of the use, all equipment and stock piles incidental to the operation shall be dismantled and removed by and at the expense of the landowner.
b. The site shall be drained to prevent the accumulation of standing water, and channelization of the drainage shall be designed and controlled so as not to cause erosion or silting of neighboring properties or public ways, nor to appreciably increase the turbidity of any natural water course, or to occlude any existing drainage course, except in an instance where redevelopment for another permitted use is in progress.
4. Access.
a. Vehicular access shall be constructed with an all-weather surface and be maintained in a dust-free condition.
b. Access drives shall be located no closer than 15 feet from a lot line.
c. A plan shall be submitted showing truck routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools, or other uses negatively affected by truck traffic.
B. Contractor Services/Yard.
1. Outdoor storage of equipment, materials, and vehicles shall be screened from view from all adjacent single-family residential uses, public rights-of-way, sidewalks, and greenways in accordance with the applicable standards in Section 5.10, Screening.
2. Equipment can exceed the required fence height but should be stored in a manner that limits visibility from the line of sight from all street rights-of- way.
C. Extractive Industry. Quarries and other extractive industries shall comply with the following requirements:
1. General Requirements.
a. The minimum development area shall be five acres.
b. The use shall not require the use of residential neighborhood streets to gain ingress or egress.
c. Where the final slope of areas being excavated will exceed 30 percent, such areas shall be enclosed with a fence at least five feet high located not less than ten feet from the excavation's edge.
d. Excavated areas, stockpiles, waste storage piles, and associated processing, storage, and loading areas shall be fully screened from view from major thoroughfares, collector streets, and lots in residential zoning districts in accordance with the standards in Section 5.10, Screening.
e. No blasting operations shall be conducted during the hours from 6:00 p.m. to 7:00 a.m. and shall not cause unreasonable amounts of noise, vibration, dust, or flying debris on nearby lots.
f. No operations shall impede the normal flow of any stream or watercourse, silt up or pollute any stream, undermine any public road or bridge, or promote flooding on adjacent land.
2. Rehabilitation Plan and Bond Required.
a. Upon discontinuance of operations, all buildings and equipment shall be removed, and excavated areas shall be rehabilitated in accordance with a rehabilitation plan included as part of the application to establish the use.
b. The rehabilitation plan shall identify the ways the site will be to returned as closely as possible to its original condition or a condition suitable for a specified alternate use. The rehabilitation plan shall address the storage and protection of topsoil removed during the course of operations as well as regrading, refertilization, and replanting.
c. The estimated cost of carrying out the rehabilitation plan shall be filed with the application. Said estimate shall be certified as approximately correct by a civil engineer licensed to practice in the State of North Carolina.
d. A rehabilitation bond, payable to the Town and in a form approved by the Town Attorney, shall be required in an amount equal to the estimated cost of carrying out the rehabilitation plan.
e. The rehabilitation bond shall be maintained as a legally binding obligation until such time as the Board of Commissioners determines that all rehabilitation work has been satisfactorily completed.
f. If the Board of Commissioners finds that extractive uses have been discontinued for a period of 12 consecutive calendar months and that no major attempts have been made to implement the rehabilitation plan, it shall order forfeiture of the bond and the proceeds shall be used to carry out, to the extent possible, the rehabilitation plan.
D. Flex Space. Flex space use shall comply with the following standards:
1. Flex space uses shall meet the off-street parking requirement for this use type in Table 5.8.4.H: Minimum Off-Street Parking Requirements Table, not the individual types of uses within the flex space.
2. The following activities shall not be included within a flex space use type:
a. Residential dwellings;
b. Religious institutions;
c. Adult businesses;
d. Eating establishments;
e. Bars, cocktail lounges, or private clubs;
f. Nightclubs or dance halls; or
g. Heavy manufacturing uses.
3. Outdoor storage or business-related activity is permitted as an accessory use.
E. Fuel Oil/Bottled Gas Distributor. Uses storing 100,000 or more gallons of petroleum products as a principal or accessory use shall comply with all applicable Zebulon Fire Department and Fire Prevention Code of the National Board of Fire Underwriters requirements, all above-ground storage tanks and loading facilities shall be located at least 50 feet from any front lot line.
F. Landfill. Land clearing and inert debris (LCID) landfills and construction debris (CD) landfills shall comply with the following standards:
1. LCID and CD landfills shall be set back at least 300 feet from any existing residential use, school, or child care use, and shall provide a Type D landscape buffer around its perimeter (see Section 5.6.10, Perimeter Buffers).
2. Access to a landfill shall be controlled through the use of a fence, wall, gate, or other suitable device to prevent unregulated dumping.
3. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.
4. No filling associated with a landfill shall take place within in any flood hazard area, drainage ways, or utility easements.
G. Makerspace. Makerspace uses shall be configured in accordance with the following standards:
1. No outdoor storage shall be permitted.
2. The use shall include adequate ventilation and equipment for the dispersal of vapors, dust, or airborne contaminates created within the structure;
3. The use shall include a fire suppression system as required by the fire marshal;
4. No operation between the hours of 11:00 PM and 7:00 AM;
5. Incidental sale of products created on site is permitted.
H. Manufacturing.
1. Manufacturing, Heavy. Heavy manufacturing uses shall comply with the following standards:
a. Heavy manufacturing uses shall be located at least 1,000 feet from any residential district.
b. A Type D perimeter buffer of at least 25 feet in depth shall be provided along any boundary with another property not zoned for heavy industry.
2. Manufacturing, Light. All light manufacturing uses shall comply with the following standards:
a Buffer and setback areas in the side and rear may not be used for parking.
b. Finished products for display and sale shall not occupy more than 40 percent of the land area between the principal building and all adjacent streets.
I. Public Convenience Center/Transfer Station. A transfer station shall comply with the following standards:
1. Access shall be controlled through the use of a fence, wall, gate, or other suitable device to prevent unregulated dumping.
2. Vehicular access shall be constructed with an all-weather surface and be maintained in a dust-free condition.
3. Be located at least 150 feet from a residential district and operated entirely within an enclosed building, except for loading facilities which may be located outdoors.
4. Outdoor storage of waste material is prohibited.
J. Recycling Center. Recycling centers shall comply with the following standards:
1. Recycled batteries must be stored in non-porous containers.
2. All loading and storage areas shall be diked to prevent runoff/spill contamination.
3. Recycled motor oil and grease shall be stored in above-ground tanks approved by the Zebulon Fire Chief.
K. Salvage or Junk Yard. Junk yards, including junked automobile storage, shall be subject to the following regulations:
1. Junk yards shall be located at least 200 linear feet, as measured from the required perimeter screening from any lot in a residential zoning district.
2. An opaque screen eight feet in height shall be required around all boundaries.
3. Any planted opaque screen shall be at least four feet in height when planted.
4. No required front or side yard shall be used for storage purposes.
L. Solar Farm. A solar farm use shall comply with the following standards:
1. Be on a site of at least one acre in area;
2. Signage shall be limited to ownership and contact information, and any other information required by government regulation. Commercial advertising is prohibited. Nothing in this section shall prohibit signage that is legally approved for other uses on the same lot or site on which the solar array facility is located;
3. Be enclosed with a fence of at least six feet in height; and
4. Not create glare or shadows on adjacent lands.
M. Truck or Freight Terminal. Truck or freight terminals shall comply with the following standards:
1. The use shall be located at least 500 feet from any residential district, school, or child care center.
2. The use shall not locate storage areas within a required setback or perimeter buffer.
3. The use shall have direct access onto an major arterial street.
N. Warehouse, Distribution or Storage.
1. In the GC district, warehouse uses shall be conducted entirely indoors and no exterior storage is permitted.
2. In the downtown districts, warehouse uses are only permitted as an accessory use to a separate principal use.
O. Wholesale Sales.
1. In the GC district, wholesale sales uses shall be conducted entirely indoors and no exterior storage is permitted.
2. In the downtown districts, wholesale sales are only permitted as an accessory use to a separate principal use.
P. Wind Energy Conversion. A wind energy conversion facility shall comply with the following standards:
1. Location.
a. No tower associated with a large wind energy facility shall be located within 1,000 feet of land in a R4 or R6 district or a public park.
b. All ground-based equipment buildings shall be located under the blade sweep area, to the maximum extent practicable.
2. Setbacks.
a. All towers associated with a large wind energy facility shall be set back a distance equal to one-and-one-half times the overall height of the tower and associated wind turbine blade.
b. All associated facilities other than towers and associated wind turbines shall be subject to the setback standards for the district where located.
3. Tower Structure. Large wind energy facilities shall utilize monopole or self- supporting towers
4. Common Configuration. All towers and turbines within a single large wind energy facility shall maintain uniform design in terms of the following features:
a. Tower type;
b. Tower, turbine, and blade colors;
c. The number of blades per turbine; and
d. The direction of blade rotation.
5. Height. The maximum height of a large wind energy system (including the tower and extended blades) shall be 450 feet.
6. Blade Clearance. The blade tip or vane of any large wind energy facility shall have a minimum ground clearance of 75 feet above grade, as measured at the lowest point of the arc of the blades. No blades shall extend over public rights-of-way.
7. Unauthorized Access. All large wind energy facilities shall incorporate anti- climbing devices to prevent unauthorized climbing.
8. Utilities. Except for transmission lines, all utilities associated with a large wind energy facility shall be located underground.
9. Appearance. The wind turbine and tower shall be painted or finished in the color originally applied by the manufacturer, or a matte neutral color (e.g., gray, white, or galvanized steel).
10. Lighting. No illumination of the turbine or tower shall be allowed, unless required by the (FAA). In the event obstruction lighting is required by the FAA, it shall be of the lowest intensity allowed, and strobes or blinking lights shall be avoided, to the maximum extent practicable.
11. Signage Prohibited. Signage visible from any public street or off-site area shall be limited to the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
12. Sound. The noise at the lot line produced by the wind energy conversion facility during operation shall not exceed 55 dBA. This standard shall not apply during power outages, windstorms, or other conditions beyond the owner's control.
13. Shadow Flicker. Shadows cast by the rotating blade of a large wind energy facility shall not fall upon off-site areas.
14. Interference. The owner shall take all reasonable steps to prevent or eliminate interference with transmission of communications signals (e.g., radio, television, telephone, etc.) resulting from a wind energy conversion facility.
15. Abandonment.
a. On determining that a large wind energy conversion facility has been inoperable for 180 days or more, the Planning Director may issue a Notice of Abandonment to the facility owner.
b. The facility owner shall restore operation of the wind energy conversion facility within 30 days of receipt of the Notice of Abandonment, or file a Notice of Termination with the Planning Director.
c. The wind energy conversion facility shall be removed from the site within three months of the filing of a Notice of Termination.
d. Removal of a wind energy conversion facility shall include removal of all of the following features:
i. Towers;
ii. Turbines;
iii. Above-ground equipment;
iv. Outdoor storage;
v. Foundations to a depth of four feet below grade; and
vi. Any hazardous material associated with the facility.
(Ord. 2020-36, passed 12-2-2019)