Limited Use Standards

Sec. 5.3. Limited Use Standards

5.3.1. Agricultural Use Standards

A. Agricultural Uses

Agricultural uses Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings. in the City, and in the County if not otherwise exempted from zoning regulation by State statute, shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following standards:

1. In the RS-20 District, all agricultural uses Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings. shall be allowed. In all other RS districts, only apiculture The maintenance of honey bee colonies., commercial crop Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit. production, and forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. are allowed.

2. For on-site sales as an accessory use pursuant to paragraph 5.2.2, Agricultural Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Categories, no parking spaces A designated off-street area designed to accommodate the parking of one vehicle. associated with the retail sales are required when no permanent structures used for the purpose of sales are proposed.

3. Except in RR and RS-20 districts, aquaponics and aquaculture are prohibited.

4. Sites shall be designed and maintained to prevent fertilizer, compost, soils, and any other materials from spilling and/or draining onto adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property, streams A body of concentrated flowing water in a natural low area or natural channel on the land surface., and public or private stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. collection systems.

5. The sale of compost is prohibited.

B. Forestry (City Only)

Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. activities in the City shall be conducted in conformance with a Forest Management Plan which uses the current best management practices set out in “Forest Practice Guidelines Related to Water Quality,” as adopted by the North Carolina Department of Environmental Quality.

5.3.2. Residential Use Standards

A. Commercial Dorms

Commercial dorms shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall include an approved floor plan showing the number of rooms and the proposed number of tenants. The floor plan shall be kept on file with the Inspections Department.

B. Congregate Living Facility

Congregate living facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Residential suites or assisted living units without cooking facilities shall be permitted to be constructed at the same density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. as the base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. for dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. with each room or suite considered a dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

2. Facilities with the following on-site common use facilities dining, recreation, health care, a convalescent center, and multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. units; shall not exceed 1½ times the allowed multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the district, with each unit counted separately, except in the DD District where there is no limit on the multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

3. Facilities with the following on-site common use facilities dining, recreation, health care, and a convalescent center; shall not exceed two times the allowed base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. for the district, with each room or suite considered a dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., except in the DD District where there is no limit on the multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

4. Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. limits indicated above may be exceeded with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

C. Family Care Homes and Group Homes

Family One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A. Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. care and group home A dwelling that provides room and board for more than six, but less than 13 individuals who as a result of age, illness, handicap or some specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort. Additional requirements may be imposed by the North Carolina Building Code. facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Family Care Homes

a. Family care home A residential facility as defined in NCGS § 160D-907. facilities shall be separated by a minimum of 1,125 linear feet.

b. Measurements shall be made as a straight line measurement from the closest point on the property line of each family care home A residential facility as defined in NCGS § 160D-907. facility.

2. Group Homes

a. The facility shall meet all State requirements, and all applicable housing and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. code requirements.

b. The facility shall be separated by a minimum 1,125 linear feet from a group home A dwelling that provides room and board for more than six, but less than 13 individuals who as a result of age, illness, handicap or some specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort. Additional requirements may be imposed by the North Carolina Building Code. or family care home A residential facility as defined in NCGS § 160D-907. facility. Measurements shall be made as a straight line measurement from the closest point on the property line of each facility.

D. Manufactured Home

Class A and Class B manufactured homes shall be permitted in accordance with the use table in Sec. 5.1, Use Tables, subject to the following:

1. Class A Manufactured Homes

Class A Manufactured Homes shall meet or exceed the following criteria:

a. The manufactured home shall have a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis.

b. The manufactured home shall have a minimum of 960 square feet of enclosed and heated living area per dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

c. The pitch of the roof of the manufactured home shall have a minimum vertical rise of three feet for each 12 feet of horizontal run and the roof shall be finished with a type of shingle that is commonly used in standard residential construction.

d. All roof structures shall provide an eave projection of no less than six inches, which may include a gutter.

e. The exterior siding shall consist predominantly of vinyl or aluminum horizontal siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

f. The manufactured home shall be set up in accordance with the standards set by the North Carolina Department of Insurance. Except as otherwise required per NCGS §160D-910, screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. of the foundation area shall be by a continuous, permanent masonry foundation or masonry curtain wall in accordance with NC Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code and Durham Minimum Housing Code regulations, unbroken except for required ventilation and access, and which shall be installed under the perimeter of the manufactured home.

g. Stairs, porches, entrance platforms, ramps, and other means of entrance to and exit from the manufactured home shall be installed or constructed in accordance with the standards set by the North Carolina Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code, freestanding or attached firmly to the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and anchored securely to the ground.

h. The moving hitch, wheels and axles, and transporting lights shall be removed.

2. Class B Manufactured Homes

Class B Manufactured Homes shall meet or exceed the following criteria:

a. The manufactured home shall meet requirements of the North Carolina Department of Insurance for installation and tie-downs.

b. The manufactured home shall be skirted with a durable material that encloses the area between the chassis and the ground. Durable material includes but is not limited to vinyl or masonry.

c. Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the manufactured home shall be installed or constructed in accordance with the standards set by the North Carolina Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code, free standing or attached firmly to the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and anchored securely to the ground.

d. The moving hitch, wheels and axles, and transporting lights shall be removed.

E. Manufactured Home Park or Subdivision

Manufactured Home Parks A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. or Subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Only Class A or Class B manufactured homes shall be allowed.

2. Any manufactured home sites shall be specified on the approved Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. and manufactured homes shall be permitted only where they have been expressly indicated on the approved Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..

3. Manufactured house subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall show the orientation The directional placement of a structure or element in relation to its surroundings, the street and other structures. of the house to the street in the Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Plans.

4. Manufactured homes in parks shall maintain a distance of at least 16 feet between manufactured homes. For the purposes of this section, added on rooms, porches, and other structures attached to the manufactured home shall be considered part of the manufactured home.

5. Supporting uses within a manufactured home park A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. shall maintain a side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of at least 10 feet.

6. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Plans for manufactured home parks A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. and subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall show lot layouts, and pedestrian walkways that connect the house with any support facilities.

F. Co-Living

Co-living A dwelling unit where individuals reside by leasing a bedroom, the collective individuals do not qualify as a family as defined in this Ordinance, and where bathrooms may be shared but the common spaces and kitchen are shared. No individually leased rooms maintain separate cooking facilities. This definition does not include a fraternity or sorority, or a hotel, bed and breakfast inn, or other overnight accommodation. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. For the CN, OI, and CG districts, a minor special use permit pursuant to Sec. 3.9, Special Use Permit, shall be required only for sites within a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets..

5.3.3. Public and Civic Use Standards

A. Auditoriums

1. Except in design districts, auditoriums shall not be located adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residential uses.

2. In design districts, auditoriums shall not be permitted in the S2 sub-district of CD or CSD Districts.

B. Cemeteries, Columbaria, and Memorial Gardens

Cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains., columbaria, and memorial gardens shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. In design districts no new cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. shall be allowed.

2. Within design districts, cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. shall not exceed 300 graves in size.

3. Refer to paragraph 7.8.9, Cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains., for additional requirements.

C. Club or Lodge (Nonprofit)

Nonprofit clubs or lodges shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. In Residential and PDR Districts:

a. All structures shall be located at least 30 feet from property lines. This distance can be reduced to the yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. allowed per Sec. 6.9, Nonresidential and Group Living Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in Residential Districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., if a masonry wall at least six feet high is provided. The wall shall be located outside of the street frontage The boundary of a property adjacent to one side of a street. area and maintain the height limitations pursuant to Sec. 9.9, Fences and Walls.

b. Parking located between the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the street shall be set back from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. beyond the minimum or maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., as applicable.

2. No outdoor public address systems shall be allowed.

3. Clubs and Lodges shall not be permitted in the S2 sub-district of the CD and CSD Districts.

D. Correctional Facility

Correctional facilities Publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. In order to accommodate outdoor recreational facilities and to allow for potential building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. expansion, the site size for facilities located outside the DD District shall be a minimum of one acre in area or the minimum of the zoning district, whichever is larger.

2. Facilities within the DD District have no minimum site area The minimum area required for a particular type of development. The site may then be divided into smaller lots..

3. The facility shall be established at least 650 feet from the nearest property which is residentially zoned or used, except in the DD District where it may be established adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residential uses but shall be a minimum of 650 feet from the DD District boundary.

4. The facility shall not be established within 1,320 feet of a public or private school, day care, or place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses..

5. Site development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be in conformance with the landscaping and dimensional requirements of the zoning district.

E. Day Care Facility

Child Care Centers shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The facility shall meet all applicable State requirements for standards, licensing and inspections.

2. In residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., parking located between the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the street shall be set back from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. beyond the minimum or maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., as applicable.

3. The facility shall meet the following space requirements if children are the primary clients of the use:

a. Outdoor Play Space

Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1402, as amended.

b. Indoor Play Space

Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1401,

as amended.

F. Government Facilities

Government facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Following the initial approval of government facilities through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.

2. Administrative approvals of expansions of government facilities shall not waive any conditions of approval of the special use permit.

3. In residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., parking located between the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the street shall be set back from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. beyond the minimum or maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., as applicable.

4. In the SRP district, the following shall apply to property used for emergency service facilities such as fire, police, EMS, sheriff, or other similar facilities:

a. The parking limitation in paragraph 6.10.1B.2.a(3) shall not apply.

b. The OI district dimensional standards per paragraph 6.10.1, Standards for the CN, OI, and CG Districts, shall apply.

G. Museum

Museums Establishments for the display of art or historic or science objects. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The site shall have direct access from a street which is adequately sized to accommodate traffic generated by the museum Establishments for the display of art or historic or science objects..

2. Museums Establishments for the display of art or historic or science objects. shall not be permitted in the S2 sub-district of the CD and CSD Districts.

H. Parks and Open Areas

Parks and open areas shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Vehicle Use Area Landscaping Standards

On sites greater than two acres, the shrub requirements of paragraph 9.8.3B.3, Shrubs, and paragraph 9.8.2B, Vehicular Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Areas Visible from Adjacent Property abutting directly on the boundary of, touching, or sharing a common point. Property, shall not apply if the vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. use areas are located 100 feet or more from property lines, and at least 25% of the total site area The minimum area required for a particular type of development. The site may then be divided into smaller lots. is left in natural vegetation.

2. Setbacks

a. For all structures, picnic areas, playgrounds A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus., and unlighted basketball courts and athletic fields:

(1) Except in Design districts, a 50-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall be maintained from property lines adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residentially zoned or used property.

(2) Design Districts

(3) Through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permits, the setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. may be reduced to as little as ten feet. In addition to the required findings in paragraph 3.9.8A, General Findings, the applicant shall demonstrate that the proposed design provides for equal or better functionality of the park, focusing on factors including but not limited to, proposed building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. orientation The directional placement of a structure or element in relation to its surroundings, the street and other structures. and location of amenities in relation to neighboring properties, and physical or environmental constraints.

(4) (County Only) In the SRP-C district, the following shall apply instead of paragraph (1) above: A 15-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.

b. For lighted facilities such as tennis courts, basketball courts, and athletic fields:

(1) Except in Design districts, a 100-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall be maintained from property lines adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residentially zoned or used property.

(2) Design Districts

(3) Through the issuance of a minor special use permit per Sec. 3.9, Special Use Permits, the setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. may be reduced with measures used to reduce light and glare onto adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residentially zoned or used property. Possible measures include, but are not limited to directional lighting, lower fixture heights, berms, vegetation, and fences. In addition, documentation shall be provided from a registered professional with experience in lighting certifying that the lighting does not exceed 0.5 foot-candle at the property line of adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residentially zoned or used properties.

(4) (County Only) In the SRP-C district, the following shall apply instead of paragraph (1) above: A 30-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.

I. Passenger Terminals

Passenger terminals shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Passenger terminals shall not be permitted in the S2 sub-district of the CD and CSD Districts.

J. Places of Worship

Places of worship A building primarily used by a non-profit organization for organized religious services and supporting uses. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Following the initial approval of a place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses. through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.

2. Administrative approvals of expansions shall not waive any conditions of approval of the special use permit.

K. Schools – Elementary, Middle, or High

Schools shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. permits for public schools shall not be limited as to number of students. Notwithstanding any conditions on existing use permits, public schools may enroll the number of students that they are legally entitled to enroll under State building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. codes and other applicable State laws.

L. TV/HDTV/AM/FM Broadcast Antennae

Broadcast antenna-supporting structures and/or towers, including replacements, which contain antennae Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas./towers that transmit signals for radio and television communications shall be permitted in accordance with the use table in Sec. 5.1, Use Table. They are subject to the requirements of Sec. 3.7, Site Plan Review, Sec. 3.9, Special Use Permit, and the following additional requirements:

1. Any antenna-supporting structure A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section., equipment enclosures and ancillary structures shall meet the setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. requirements of the underlying zoning district plus an additional six inches for every one foot of antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. height.

2. The entire antenna-supporting structure A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section. or tower and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications.

3. Any facility shall be illuminated only in accordance with any applicable FAA requirements to provide aircraft obstruction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. lighting. Any such lighting shall not exceed the minimum FAA requirements and shall incorporate the most unobtrusive design allowed (e.g., white flashing lights are prohibited where red lights and painting are allowed).

4. A landscaped buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall surround the base of the broadcast antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable. Grading A land disturbing activity that modifies the contours of the land. shall be limited only to the area necessary for the new broadcast antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas..

a. If the proposed broadcast antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. is the principal use of the property then landscaping per Article 9, Landscaping and Buffering, shall be applicable. Additionally, a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. equivalent to that required for an Industrial use adjoining a Residential use shall be provided around the broadcast antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. equipment compound in the RR district; and a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. equivalent to that required for a Light Industrial use adjoining a Residential use around the broadcast antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. equipment compound in all other districts.

b. If the proposed broadcast antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. is to be located in front of an existing structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. on the same zone lot, a street buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall also be required.

c. On sites in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. adjoining public rights-of-way an opaque fence consistent with the requirements of Section 9.9 shall surround the broadcast antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. equipment compound.

5. The only signage that shall be permitted upon an antenna-supporting structure A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section./tower, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section., (such as ASR registration number) as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign., and property manager signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. (if applicable).

6. New antenna-supporting structures/tower shall be configured and located in a manner that minimizes adverse effects including visual impacts on properties within 300 feet or the proposed height of the tower, whichever is greater, of the property under consideration. The applicant shall demonstrate with specific information that alternate locations including existing towers and buildings, configurations, facility types, mass and scale, height, painting, lighting, and materials have been examined and shall justify the proposed alternatives in terms of effects on properties within 300 feet or the proposed height of the tower, whichever is greater, of the property under consideration.

M. Utility Facilities

Utility facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Utility facilities in residential areas or adjoining residential uses shall maintain residential setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure., be fenced (unless totally enclosed within a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.), and either be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. from view or designed to have a residential appearance.

N. Wireless Communication Facilities for Transmitting and Receiving Electronic Signals (WCFs)

1. The purpose of this section is to:

a. Minimize the safety and aesthetic impacts of wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facilities (WCFs) on surrounding areas by establishing standards for location, setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure., structural integrity, and compatibility;

b. Encourage the location and collocation The placement or installation of wireless facilities on existing structures including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. of wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts; effects upon the natural environment and wildlife; and to reduce the need for additional antenna-supporting structures;

c. Encourage coordination between suppliers of wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. services in the City and County of Durham;

d. Regulate in accordance with all federal and State law applicable to wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facilities, including the Telecommunications Act of 1996 and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and

e. Protect the unique natural beauty and rural character of the City and County while meeting the needs of its citizens to enjoy the benefits of wireless communications Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. services.

2. Exceptions

The following shall not be subject to the requirements of this section;

a. Satellite earth stations (satellite dishes).

b. Routine maintenance and/or in-kind replacement on any existing wireless communications Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility that does not include the addition of any new antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. elements, feed lines Cables used as the interconnecting media between a transmission/receiving base station and an antenna., and/or associated support equipment on the facility or in the equipment compound, or the placement of any new wireless communications Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility.

c. A government-owned wireless communications Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility, upon the declaration of a state of emergency by federal, State, or local government, and a written determination of public necessity by the City or County designee; except that such facility must comply with all federal and State requirements. No wireless communications Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility shall be exempt from the provisions of this section beyond the duration of the state of emergency.

d. Antenna-supporting structures, antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas., and/or antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission, unless it qualifies as an eligible facility request A request for modification of an existing tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment but does not include a “substantial change” of the facility pursuant to the qualifications detailed in the FCC Report and Order FCC14-153, or as amended; and complies with all applicable building, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety..

e. Temporary mobile communication towers pursuant to Sec. 3.12, Temporary Use Permit, and paragraph 5.5.2H, Mobile Communication Tower.

f. Small wireless facilities Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended., or any other wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility, installed within public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. and specifically regulated through the City Code, or NCDOT, as applicable. However, any references to this Ordinance by the City Code or NCDOT shall be enforceable regulations.

3. General Requirements

a. WCFs and associated equipment shall be permitted in accordance with the use table in Section 5.1.

b. Grading A land disturbing activity that modifies the contours of the land. shall be limited only to the area necessary for the new WCF and equipment compound, and access to the facility.

c. Structural, Operational, and Insurance Requirements

Unless otherwise indicated below, the following shall apply to any site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. application.

(1) Documentation, sealed by a registered professional engineer with WCF expertise, shall be provided indicating that the new WCF, or modification to an existing WCF, complies with the following. Such compliance shall be maintained throughout the life of the WCF.

(a) That the American National Standards Institute (ANSI) requirements for the proposed improvements are met; and

(b) All applicable building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety shall be met.

(2) The owner Any person having charge of any real property according to the records held by the Register of Deeds. of a freestanding WCF shall maintain general liability insurance for the WCF in the amount of at least $1,000,000; and shall, as part of the original site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. application, site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. amendments, and subsequent modifications, provide documentation sufficient to demonstrate compliance with this requirement.

(3) Lighting

Lighting shall not exceed the Federal Aviation Administration (FAA) minimum standard. Any lighting required by the FAA shall be of the minimum intensity and the number of flashes per minute (i.e., the longest duration between flashes) allowed by the FAA. Dual lighting standards shall be required and strobe lighting standards prohibited unless required by the FAA. The lights shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. so as not to project directly onto surrounding residential property, consistent with FAA requirements.

(4) Signage

(a) Commercial messages shall not be displayed on any WCF.

(b) For freestanding WCFs, a warning sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be posted and shall include the contact information of the owner Any person having charge of any real property according to the records held by the Register of Deeds. of the WCF.

(5) Storage

(a) A WCF equipment compound shall not be used for the storage of any excess equipment or hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B), nor be used as habitable space.

(b) No outdoor storage yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.(s) shall be allowed in a WCF equipment compound.

(6) Interference

A WCF shall not interfere with City and/or County public safety communications, nor shall it interfere with normal radio and television reception.

(a) Documentation shall be provided by an expert in radio frequency interference (RFI) that the proposed WCF, or modification to an existing WCF, will not cause RFI with the City’s and/or the County’s public safety communications equipment All communications equipment utilized by the City/County of Durham for the purpose of operation in the interest of the safety of the citizens of Durham and operating within the frequency range of 806 MHz and 1,000 MHz and future spectrum allocations at the direction of the FCC..

(b) When a specific WCF is identified as causing radio frequency interference (RFI) with the City’s and/or the County’s public safety communications equipment All communications equipment utilized by the City/County of Durham for the purpose of operation in the interest of the safety of the citizens of Durham and operating within the frequency range of 806 MHz and 1,000 MHz and future spectrum allocations at the direction of the FCC., the following steps shall be taken:

(i) Upon notification by the City and/or County of interference with public safety communications equipment All communications equipment utilized by the City/County of Durham for the purpose of operation in the interest of the safety of the citizens of Durham and operating within the frequency range of 806 MHz and 1,000 MHz and future spectrum allocations at the direction of the FCC., the owners Any person having charge of any real property according to the records held by the Register of Deeds. of the WCF equipment shall utilize the hierarchy and procedures set forth in the Federal Communication Commission’s (FCC) Wireless Telecommunications Bureau’s Best Practices Guide. If the WCF owner Any person having charge of any real property according to the records held by the Register of Deeds. fails to cooperate with the City and/or County in applying the procedures set forth in the Best Practices Guide in order to eliminate the interference, then the City and/or County may take steps to contact the FCC to eliminate the interference.

(ii) If there is a determination of RFI with the City’s and/or the County’s public safety communications equipment All communications equipment utilized by the City/County of Durham for the purpose of operation in the interest of the safety of the citizens of Durham and operating within the frequency range of 806 MHz and 1,000 MHz and future spectrum allocations at the direction of the FCC., the party which caused the interference shall be responsible for reimbursing the City and/or County for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the City and/or County to determine the source of the interference.

(7) Service Providers

The current and/or intended wireless service provider(s), as applicable for the application, shall be indicated on the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., with documentation provided by the service provider(s).

(8) Pedestrian and Vehicular Movement

No facility, structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or associated equipment shall extend into an existing sidewalk or walkway, trail, driveway A private roadway located on a parcel or lot used for vehicle access., bicycle or other vehicular parking area, or travel lane; or otherwise impede pedestrian or vehicular movement and circulation.

4. Standards for Specific Wireless Communication Facilities (WCFs)

a. Collocation – Concealed, Attached

(1) Standards

(a) Height

The top of the WCF shall not be more than 20 feet above the facility to which it is attached.

(b) Setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure.

The facility to which the WCF will be attached shall maintain the normal setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. of the zone.

(i) Concealed, attached WCFs, including cables, antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas., and accessory equipment, shall be designed to match the existing structural design and color of the facade, roof, wall, light or utility pole, or any other facility to which it is to be affixed.

(ii) Cables, antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas., and accessory equipment not otherwise camouflaged, as prescribed above, shall be hidden from view by installation interior to a supporting building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or facility, screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. from off-site view, or installed in a location not visible off-site.

(2) Approval

Site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval is required pursuant to Sec. 3.7, Site Plan Review.

b. Collocation – Non-Concealed, Attached

(1) Standard

(a) Non-concealed, attached WCFs shall only be allowed on transmission towers, and light or utility poles internal to a site and not visible off-site.

(b) The top of the WCF shall be no more than 20 feet above the facility to which it is attached.

(2) Approval

c. Collocation on an Existing, Freestanding WCF

(1) Standard

The collocation The placement or installation of wireless facilities on existing structures including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. of additional wireless facilities Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended. on existing, freestanding WCFs shall be consistent with the existing concealment method, if applicable, of the freestanding WCF.

(2) Approval

d. Eligible Facility Request/Substantial Change

“Eligible facility requests” and “substantial changes In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended.” to existing WCFs shall be regulated as follows:

(1) Site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval is required pursuant to Sec. 3.7, Site Plan Review.

(2) For applications that claim “eligible facility request A request for modification of an existing tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment but does not include a “substantial change” of the facility pursuant to the qualifications detailed in the FCC Report and Order FCC14-153, or as amended; and complies with all applicable building, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety.” status for additional height to a freestanding WCF, a fall zone The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards. impact analysis shall be provided.

(a) The analysis shall include:

(i) A sealed engineering analysis of the fall zone The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards. with the additional height.

(ii) A sealed survey indicating all primary structures and facilities within the fall zone The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards. shall be provided.

(iii) A list of active building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits with addresses within the fall zone The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards., or a statement that at time of submittal no building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits were issued within the fall zone The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards..

(b) The analysis shall demonstrate the additional height does not impact primary structures or facilities if the support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. should fail. If the impact analysis demonstrates there are no existing primary structures or facilities, or none pending with an active building permit A permit issued by the Inspections Department in conformance with the State Building Code., within the fall zone The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards. with the additional height, then the application shall be considered an “eligible facility request A request for modification of an existing tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment but does not include a “substantial change” of the facility pursuant to the qualifications detailed in the FCC Report and Order FCC14-153, or as amended; and complies with all applicable building, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety..” Otherwise, the request shall be considered a substantial change In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended..

(3) If an application qualifies as an eligible facility request A request for modification of an existing tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment but does not include a “substantial change” of the facility pursuant to the qualifications detailed in the FCC Report and Order FCC14-153, or as amended; and complies with all applicable building, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety., the modification shall be allowed with an approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. demonstrating compliance with applicable setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. and the requirements within paragraph 5.3.3N.3.c, Structural, Operational, and Insurance Requirements.

(4) Eligible facility requests can be incremental, but shall not cumulatively result in creating a substantial change In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. to the existing WCF.

Example: If 20 feet is the maximum additional height that can be added to a particular existing tower and maintain eligible facility request A request for modification of an existing tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment but does not include a “substantial change” of the facility pursuant to the qualifications detailed in the FCC Report and Order FCC14-153, or as amended; and complies with all applicable building, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety. status then multiple applications to incrementally increase height can be submitted, so long as the cumulative additional height does not exceed the 20-foot addition maximum.

(5) Measurements for modifications to a WCF in an application that claims an eligible facility request A request for modification of an existing tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment but does not include a “substantial change” of the facility pursuant to the qualifications detailed in the FCC Report and Order FCC14-153, or as amended; and complies with all applicable building, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety. shall be based from the dimensions of the facility as approved prior to February 22, 2012. The measurements for modifications to all WCFs approved on or after February 22, 2012, shall be based from the dimensions of the facility as originally approved and constructed.

(6) Substantial changes In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. shall be held to all applicable Ordinance requirements.

e. Freestanding, Concealed and Unipole WCF

(1) Standards

(a) Height

(i) General

Calculations of height shall include the foundation of the wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. at grade A land disturbing activity that modifies the contours of the land., but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas..

(ii) In the RR District

The maximum height shall be 120 feet.

(iii) In PDR and All Residential Districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. Other than the RR District

The maximum height shall be limited to 20 feet above the allowable building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height of the underlying zoning district.

(iv) In All Other Districts Pursuant to Sec. 5.1, Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Table

The maximum height shall be 180 feet.

(b) Setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure.

The following setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.

(i) Setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall be measured from the base of the wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

(ii) The minimum setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in PDR and residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., a reduction in the minimum setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(iii) The minimum setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from the centerline of a natural gas line easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for gas lines measuring eight inches in diameter or greater shall be 120% of the height of the tower, or 85 feet, whichever is greater.

A project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. of at least 60% opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. and minimum 10-foot width, pursuant to the requirements of Sec. 9.4, Project Boundary Buffers, shall surround the base of the WCF equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable.

(d) Fence/Wall

An eight-foot tall, 100% opaque fence or wall, per the requirements of Section 9.9, Fences and Walls, shall surround the WCF equipment compound.

(e) Required Expansion Capability

(i) Freestanding, concealed and unipole A freestanding, wireless communication facility where the wireless support structure (tower) is composed of a single shaft usually made up of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices and the foundation rests on or in the ground. All antennas and associated components mounted onto the structure are completely concealed within the shaft of the structure. WCFs less than 120 feet in height shall be engineered and constructed to accommodate at least two antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays.

(ii) Freestanding, concealed and unipole A freestanding, wireless communication facility where the wireless support structure (tower) is composed of a single shaft usually made up of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices and the foundation rests on or in the ground. All antennas and associated components mounted onto the structure are completely concealed within the shaft of the structure. WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays.

(iii) Freestanding, concealed and unipole A freestanding, wireless communication facility where the wireless support structure (tower) is composed of a single shaft usually made up of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices and the foundation rests on or in the ground. All antennas and associated components mounted onto the structure are completely concealed within the shaft of the structure. WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays.

(f) Monopines/Faux Trees

A monopine or faux tree A type of freestanding, wireless communication facility that is designed to resemble a tree. The support structure is attached to a foundation and is designed to support itself without the use of guy wires or other stabilization devices. WCF shall be considered concealed if the following criteria are met. If the following criteria are not met, then the proposed WCF will be considered non-concealed for regulatory purposes.

(i) The WCF is incorporated within an existing cluster of trees that measures, after any necessary grading A land disturbing activity that modifies the contours of the land. or clearing for the facility, at least 1,000 square feet with no individual dimension of less than 25 feet. Minimum tree size and tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A. Six-foot radius around the tree; or B. One-foot radius for every inch of dbh. requirements shall be pursuant to paragraphs 8.3.1D.3.a, d, and e, Clusters of Trees.

(ii) Any tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A. Six-foot radius around the tree; or B. One-foot radius for every inch of dbh. located off-site, for existing on-site trees that will be used to meet paragraph 5.3.3N.4.e(1)(f)i, above, shall be permanently protected through a conservation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or method that provides similar protection from disturbance.

(iii) The tower shall be designed to match a species located within the existing cluster of trees, with the support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. to be designed as a tree trunk and antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays flush-mounted and completely concealed by limbs, branches, and leaves.

(iv) Limbs, branches, and leaves shall cover at least the upper 50% of the support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., and shall cover any of the support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that extends above the tree line of the cluster of trees.

(2) Approval

In addition to applicable site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review, the following approvals are required:

(a) A minor special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit Approval, shall be required if the proposed WCF is located on a property with residential or PDR zoning, or within 450 feet of property zoned as residential or PDR, and is either:

(i) A monopine or faux tree A type of freestanding, wireless communication facility that is designed to resemble a tree. The support structure is attached to a foundation and is designed to support itself without the use of guy wires or other stabilization devices., or unipole A freestanding, wireless communication facility where the wireless support structure (tower) is composed of a single shaft usually made up of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices and the foundation rests on or in the ground. All antennas and associated components mounted onto the structure are completely concealed within the shaft of the structure., of any height; or

(ii) Any other freestanding, concealed WCF above 60 feet in height.

(b) A major special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit Approval, shall be required for any freestanding, concealed or unipole A freestanding, wireless communication facility where the wireless support structure (tower) is composed of a single shaft usually made up of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices and the foundation rests on or in the ground. All antennas and associated components mounted onto the structure are completely concealed within the shaft of the structure. WCF proposed within 300 feet of a designated State of North Carolina Scenic Byway.

f. Freestanding, Non-Concealed WCF

(1) Standards

(a) General

(i) In all RR and RS-20 districts, freestanding, non-concealed WCFs shall only be permitted on parcels See “Lot of record.” with a minimum lot size of five acres.

(ii) Freestanding, non-concealed WCFs shall not be permitted in the RS-8 and RS-10 Districts.

(b) Height

(i) General

Calculations of height shall include the foundation of the WCF wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. at grade A land disturbing activity that modifies the contours of the land., but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas..

(ii) In the RS-20 District

The maximum height shall be 55 feet.

(iii) In the RR District

The maximum height shall be 120 feet.

(iv) In All Other Districts Pursuant to Sec. 5.1, Use Table, and the restrictions in paragraph (a) above, the maximum height shall be 180 feet.

(c) Setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure.

(i) The minimum setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. of the WCF from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., a reduction in the minimum setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(ii) The minimum setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from the centerline of a natural gas line easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for gas lines measuring at least eight inches in diameter shall be 120% of the height of the tower, or 85 feet, whichever is greater.

(d) Buffers

(e) Fence/Wall

An eight-foot tall, 100% opaque fence or wall per the requirements of Section 9.9, Fences and Walls, shall surround the WCF equipment compound.

(f) Aesthetics

Freestanding, non-concealed WCFs shall be limited to monopole-type wireless support structures Also known as a “tower,” it is a structure that is solely designed and built for the primary purpose of supporting wireless facilities. A building or other fixed object not originally designed to support wireless facilities is not a wireless support structure..

(g) Required Expansion Capability

(i) Freestanding, non-concealed WCFs up to 120 feet in height shall be engineered and constructed to accommodate at least two antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays.

(ii) Freestanding, non-concealed WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays.

(iii) Freestanding, non-concealed WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays.

(2) Approval

(a) A minor special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit Approval, shall be required for all freestanding, non-concealed WCFs unless proposed within 300 feet of a designated State of North Carolina Scenic Byway.

5. Applications Requiring Special Use Permit Approval

a. The following shall be required, as applicable, in addition to the findings required pursuant to paragraph 3.9.8A, General Findings, in order for the approving authority (the Board of Adjustment or governing body, as applicable) to approve the special use permit.

(1) Evidence that it is not reasonably feasible to collocate new antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. and equipment on an existing wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or structures within the applicant’s geographic search ring The area within which a wireless support structure or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.. Collocation The placement or installation of wireless facilities on existing structures including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. on an existing WCF support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is not reasonably feasible if collocation The placement or installation of wireless facilities on existing structures including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. is technically or commercially impractical, or the owner Any person having charge of any real property according to the records held by the Register of Deeds. of the existing WCF support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is unwilling to enter into a contract at fair market value The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value can be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values..

(2) That the use of existing facilities would prevent the provision of personal wireless services Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996. in the area of the City and/or County to be served by the proposed WCF.

(3) In determining whether a WCF is in harmony with the area, and the effects on and general compatibility of a WCF with adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties as specified in paragraph 3.9.8A, General Findings, the approving authority shall consider the aesthetic effects of the WCF as well as factors that mitigate the aesthetic effects.

(a) Documentation of balloon tests and other methodologies used to simulate the height and appearance of the proposed WCF shall be provided by the applicant, along with descriptions of the locations, distances, and vantage points that formed the basis of the simulation(s).

(b) Factors that the approving authority may consider in determining the aesthetic effects of a proposed WCF include:

(i) The protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways, and historic sites;

(ii) The concentration of WCFs in the proposed area; and,

(iii) Whether the height, design, placement, or other characteristics of the proposed WCF could be modified to have a less intrusive visual impact.

b. The approving authority shall not make a determination on the electromagnetic field (EMF) effects of the WCF on the health of the public, as specified in the third finding in paragraph 3.9.8A, General Findings. Documentation that certifies that the facility meets or exceeds applicable American National Standards Institute (ANSI) standards as adopted by the FCC in order to protect the public from unnecessary exposure to electromagnetic radiation shall be sufficient. This shall not preclude other issues regarding the health, safety, and welfare of the public from being considered in order to satisfy the finding.

c. Required Balloon Test

A balloon test shall be required for all proposed WCFs that require a special use permit.

(1) The balloon shall be at least three feet in diameter and oblong.

(2) The color of the balloon shall be red or orange.

(3) The test shall be within 50 feet of the proposed location of the WCF tower.

(4) The balloon shall be raised to the height of the proposed WCF and stabilized for windy conditions.

(5) The test shall be done during daylight hours and for at least four consecutive hours.

(6) Weather conditions during the test shall be recorded.

(7) Notification

(a) Owners Any person having charge of any real property according to the records held by the Register of Deeds. of property within 600 feet of the property under consideration for a proposed WCF site shall be notified in writing by first class mail, at least 14 days prior to the test date. Measurement shall be made from the property lines of the subject property.

(b) The notification shall include:

(i) The date, time, and location of the test;

(ii) An alternative date and time, as needed;

(iii) A map indicating the location(s) of the test(s); and

(iv) Contact information for the individual(s) requesting the test.

(c) At least one sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. with a minimum dimension of two feet by three feet shall be posted on the site, and be legible and visible along the most prominent right(s)-of-way adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the property of the proposed WCF site. The posting shall be at least 14 days before the test date. The sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall indicate the purpose, and provide the date and time of the test, the alternate test date and time, and the contact information for the individual(s) requesting the test.

(d) A list of the notified property owners Any person having charge of any real property according to the records held by the Register of Deeds. and their properties, a copy of the notification sent to each owner Any person having charge of any real property according to the records held by the Register of Deeds., and affidavits attesting to mailing and sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. posting per Ordinance standards shall be submitted with the application for the special use permit.

6. Variance

Technical dimensional requirements shall not prohibit or have the effect of prohibiting the provision of personal wireless services Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996., pursuant to the Telecommunications Act of 1996. Applicants may seek variances A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., pursuant to the requirements of Sec. 3.14, Variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., to technical dimensional requirements that an applicant claims have the effect of prohibiting the provision of personal wireless services Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996..

7. Third Party Review

Due to the complexity of the methodology or analysis required to review certain applications for a wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility, review by a third party expert, the costs of which shall be the responsibility of the applicant and in addition to other applicable fees, shall be required for any special use permit or variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. application, including all supporting documentation. The third party review shall be submitted as evidence to the Board of Adjustment or governing body, as applicable.

8. Abandonment

If it is determined by the Planning Department that a WCF has been inoperable for at least six consecutive months, the WCF will be considered abandoned. The owner Any person having charge of any real property according to the records held by the Register of Deeds. of the facility shall remove the facility within 90 days of receipt of a notice of abandonment from the Planning Department. After such time has elapsed, if the facility has not been removed, enforcement action pursuant to Article 15, Enforcement, shall commence.

9. Structural Integrity Certification

A third-party structural analysis sealed by a registered professional engineer with WCF expertise shall be submitted by the owner Any person having charge of any real property according to the records held by the Register of Deeds. of the facility to the Planning Director, or designee, every five years from the date of the issuance of the certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for the support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.. The analysis shall certify that the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. has been inspected pursuant to the applicable building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and safety codes and is structurally sound. If the required structural certification cannot be provided, the Planning Director shall issue a notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. and provide a timeframe to either repair or remove the facility.

O. Shelters; Food Pantry or Meal Center

Shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster., and food pantries or kitchens, shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Facilities located within another legally established Public or Civic Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. shall not require a minor special use permit.

5.3.4. Commercial Use Standards

A. Adult Establishments

Adult establishments shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. No property associated with the use shall be closer than 1,000 feet to a property line of a residential zone. No building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. associated with the use shall be closer than 50 feet to a property line of an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. nonresidential zone.

2. No property associated with the use shall be closer than 1,000 feet to a pre-existing place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses., state licensed day care facility, public or private school, public park Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user., or library.

3. The minimum straight line distance between the property lines of two adult establishments shall be 2,000 feet. No two adult establishments shall be located within the same building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

4. Measurements shall be made from the property line of the proposed adult establishment A business as defined in North Carolina General Statute (NCGS) §14-202.10(2). This definition includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses or massage businesses. These uses are further defined in NCGS §14-202.10 and the definitions are adopted by reference; however, massage therapy businesses as defined in this Ordinance are exempt from this definition. to the property line or zoning district line as noted above, and from the property line of any separate parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. used for the adult establishment A business as defined in North Carolina General Statute (NCGS) §14-202.10(2). This definition includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses or massage businesses. These uses are further defined in NCGS §14-202.10 and the definitions are adopted by reference; however, massage therapy businesses as defined in this Ordinance are exempt from this definition..

B. All Retail Sales and Service

Retail sales and service uses shall be permitted in accordance with the use table in paragraph 5.1.2, Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Table, subject to the following standards:

1. Within the Rural Tier, CG uses shall be limited to a grocery store in areas designated as Village Centers in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services..

2. Within the UC and UC-2 Districts, limited retail uses, such as university-related bookstores and dining facilities located within other buildings, shall be permitted, to the extent that they are designed to serve the on-campus population of the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. and not to attract additional traffic to the campus.

C. Antique Shops

Antique shops shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The parcel See “Lot of record.” on which the shop is located shall be a minimum of five acres.

2. Backlit signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be prohibited.

3. The maximum parking allowed shall be no more than the minimum parking required.

D. Bed and Breakfasts

Bed and breakfasts A state-regulated facility for overnight accommodations as defined under NCGS § 130A-247. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. An approved floor plan shall be kept on file with the Inspections Department.

2. An owner Any person having charge of any real property according to the records held by the Register of Deeds. or manager shall reside on site.

3. There shall be no substantial modifications to the exterior appearance of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.; however, fire escapes, handicapped entrances and other features required by building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or fire codes can be added to protect public safety.

4. Meals can be available on the premises, depending upon whether the facility qualifies as a “bed and breakfast A state-regulated facility for overnight accommodations as defined under NCGS § 130A-247. home” or “bed and breakfast A state-regulated facility for overnight accommodations as defined under NCGS § 130A-247. inn” per NCGS § 130A-247, and shall be only for guests and employees of the facility. Rooms shall not be equipped with cooking facilities.

5. Parking shall not be allowed in any street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

E. Car Washes

Car washes shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. No storage, repair, or sales of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. shall be allowed on the site.

2. Provisions shall be made for an on-site drainage system to capture water used to wash vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere.. This water shall be discharged into a sanitary sewer system or another approved on-site system and shall not be discharged into the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. system.

F. Commercial Parking

Commercial parking shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Commercial parking in the Downtown and Compact Neighborhood Tiers adjoining single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall require installation of a wall a minimum of six feet in height along each property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pursuant to Sec. 9.9, Fences and Walls.

2. Commercial parking shall not be permitted in the S2 sub-district of the CD and CSD Districts.

3. Commercial parking shall only be permitted in the P sub-district of the CD District if buildings surround the parking area so that it is not visible from the public or private right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property.

Commentary: Parking areas will not be considered visible if they can only be seen by looking along driveways A private roadway located on a parcel or lot used for vehicle access..

G. Convenience Stores with Gas Sales

Convenience stores A retail store with a floor area of less than 5,000 square feet that sells groceries and may also sell gasoline but not including vehicle service stations (limited or full). with gas sales shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Fuel pumps shall be located at least 15 feet from the property line.

2. No outdoor storage shall be allowed.

3. Storage of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. for 15 days or more shall be prohibited.

4. A spill prevention and counter measures plan shall be provided prior to construction plan approval that includes, at a minimum:

a. Clean up procedures for fuel (or other hazardous material Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B)) spills occurring inside and outside the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.;

b. Counter measures for use in preventing fuel (or other hazardous material Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B)) spills from entering the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. collection system; and

c. Routine cleanup procedures for work areas and parking areas. Washdown water shall not be permitted to enter the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. collection system.

5. Within the CN District and the Design districts, the maximum number of fueling stations shall be limited to eight. (County Only) Within the SRP-C district, the maximum number of fueling stations shall be limited to eight.

6. Within the Core sub-districts of the CD and CSD Districts, Convenience Stores A retail store with a floor area of less than 5,000 square feet that sells groceries and may also sell gasoline but not including vehicle service stations (limited or full). with Gas Sales shall not be permitted.

7. One parking space A designated off-street area designed to accommodate the parking of one vehicle. per two fueling stations can be credited towards minimum parking requirements per paragraph 10.3.1, Required Motorized Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. and Bicycle Parking, with the following limitations:

a. No more than 50% of required parking spaces A designated off-street area designed to accommodate the parking of one vehicle. shall be provided at fueling stations.

b. Required handicapped accessible parking shall not be permitted at fueling stations.

8. (County Only) Within the SRP-C District, no fueling pumps or other vehicular areas shall be located between the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the street.

H. Drive-In Theaters

Drive-in theaters A building or structure which contains an assembly hall for the performing arts and/or for the showing of motion pictures. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The site shall have access from a major or minor thoroughfare, or boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended..

2. The face of the projection screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. shall not be visible from any public street within 1,500 feet.

3. Food sales shall be available to patrons of the drive-in theater A building or structure which contains an assembly hall for the performing arts and/or for the showing of motion pictures. only.

4. Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. areas shall be visually shielded so that lights will not shine onto adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property.

I. Drive-Through Facilities

1. Except in the CSD District, drive-through facilities An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

a. Where no street separates the use and residentially zoned property, at least 40 feet of separation shall be maintained between the residential lot line and the drive-through facility An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included..

b. The location of drive-through windows and associated facilities (for example: communications systems and access aisles) shall be identified on all site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

c. Any speaker systems associated with a drive-through facility An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included. shall be designed and located so as not to adversely affect adjacent Property abutting directly on the boundary of, touching, or sharing a common point. uses.

d. Drive-through lanes between the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. of a roadway and a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall require landscaping pursuant to Sec. 9.8, Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Area Landscaping, if the drive-through lane is within 50 feet of, and visible from, the roadway. Such landscaping shall be installed and maintained along the entire length of the drive-through lane and the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. roadway.

e. (County Only) Within the SRP-C District, no drive-through lanes or other vehicular areas shall be located between the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the street.

2. Drive-through facilities An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included. shall be permitted in the Support 1 and Support 2 sub-districts of the CSD District in accordance with the use table in Sec. 5.1 Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Table, subject to the following:

a. The location of drive-through windows and associated facilities (for example: communications systems and access aisles) shall be identified on all site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

b. Drive-through facilities An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included. shall only be permitted for bank or pharmacy uses.

c. Drive-through facilities An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included. shall be limited to one lane and shall not be located in any street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. or any side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

d. To minimize the visual impact when drive-through facilities An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included. are visible from the street, the facility shall be incorporated into the overall building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. design with material selection and design details.

e. Any speaker systems associated with a drive-through facility An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included. shall be designed and located so as not to adversely affect adjacent Property abutting directly on the boundary of, touching, or sharing a common point. uses.

J. Electronic Gaming Operations

Electronic gaming operations Any for-profit business or enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including but not limited to sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Such businesses or enterprises have as a part of its operation the running of one or more games or processes with any of the following characteristics: (1) payment, directly or as an intended addition to the purchase of a product, whereby the customer receives one or more electronic sweepstakes tickets, cards, tokens, or similar items entitling or empowering the customer to enter a sweepstakes, and without which item the customer would be unable to enter the sweepstakes; or, (2) payment, directly or as an intended addition to the purchase of a product, whereby the customer can request a no purchase necessary free entry of one or more sweepstakes tickets or other item entitling the customer to enter a sweepstakes. The term electronic gaming operations includes, but is not limited to, cyber-gambling establishments, internet sweepstakes, video sweepstakes, or cybercafés, which have a finite pool of winners. This does not include any lottery endorsed or permitted by the State of North Carolina. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Electronic gaming operations Any for-profit business or enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including but not limited to sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Such businesses or enterprises have as a part of its operation the running of one or more games or processes with any of the following characteristics: (1) payment, directly or as an intended addition to the purchase of a product, whereby the customer receives one or more electronic sweepstakes tickets, cards, tokens, or similar items entitling or empowering the customer to enter a sweepstakes, and without which item the customer would be unable to enter the sweepstakes; or, (2) payment, directly or as an intended addition to the purchase of a product, whereby the customer can request a no purchase necessary free entry of one or more sweepstakes tickets or other item entitling the customer to enter a sweepstakes. The term electronic gaming operations includes, but is not limited to, cyber-gambling establishments, internet sweepstakes, video sweepstakes, or cybercafés, which have a finite pool of winners. This does not include any lottery endorsed or permitted by the State of North Carolina. shall not be located on the same property as, and shall be located at least 500 feet from, the following uses:

a. Residential;

b. Place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses.;

c. Elementary, middle, or high schools;

d. Daycare facilities;

e. Parks; and

f. Other electronic gaming establishments.

2. Measurements shall be made as a straight line measurement from the closest point on the property line of the residential, place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses., school, daycare, park, or other electronic gaming uses consisting of buildings or associated parking areas, to the closest point of the property line of the proposed electronic gaming operation Any for-profit business or enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including but not limited to sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Such businesses or enterprises have as a part of its operation the running of one or more games or processes with any of the following characteristics: (1) payment, directly or as an intended addition to the purchase of a product, whereby the customer receives one or more electronic sweepstakes tickets, cards, tokens, or similar items entitling or empowering the customer to enter a sweepstakes, and without which item the customer would be unable to enter the sweepstakes; or, (2) payment, directly or as an intended addition to the purchase of a product, whereby the customer can request a no purchase necessary free entry of one or more sweepstakes tickets or other item entitling the customer to enter a sweepstakes. The term electronic gaming operations includes, but is not limited to, cyber-gambling establishments, internet sweepstakes, video sweepstakes, or cybercafés, which have a finite pool of winners. This does not include any lottery endorsed or permitted by the State of North Carolina., consisting of either a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or associated parking area.

3. Alcohol shall not be sold, provided, or consumed.

4. No outside storage or activities are allowed.

5. No lighting that flashes, changes, alternates, or moves shall be visible from the exterior of the establishment is allowed.

6. The maximum number of signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. allowed shall be one.

7. No sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall have changeable copy The characters, letters, or illustrations of a sign that change, either manually or electronically, without altering the sign..

K. Firing Range, Indoor

Indoor firing ranges A property prepared, equipped and delineated for the purpose of shooting at targets by rifles [excluding air rifles], pistols, shot guns or archery. Excluded from this definition are residential sites and properties with hunting leases. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The range shall be located at least 200 feet from the property line of any of the following uses: existing dwelling or property holding a valid building permit A permit issued by the Inspections Department in conformance with the State Building Code. for a dwelling, school, day care, or place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses..

2. The walls shall be lined with a sound absorbing material certified by an acoustical professional, and any other measures necessary to ensure that the use will not create a nuisance or hazard, shall be implemented.

L. Firing Range, Outdoor

Outdoor firing ranges A property prepared, equipped and delineated for the purpose of shooting at targets by rifles [excluding air rifles], pistols, shot guns or archery. Excluded from this definition are residential sites and properties with hunting leases. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The use shall be prohibited within the Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay. Proposals located within five miles of Raleigh Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. shall provide a letter from the Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority indicating that the use will not pose a hazard to aviation.

2. Outdoor ranges shall be prohibited within one mile of existing local airports, heliports An area of land, water, or structural surface designed, used, or intended to be used for landing or takeoff of passengers or cargo from or by helicopters, plus accessory buildings and uses., and helistops An area of land, water, or structural surface designed, used, or intended to be used for landing or takeoff of passengers or cargo from or by helicopters, without any appurtenant area, facility, structure or building designed, used, or intended for use in the operation or maintenance of the helistop or in the service or maintenance of helicopters.. The location of approved landing and take-off zones beyond the one-mile boundary shall warrant an extension of the prohibition to ensure the safety of aircraft.

3. The property on which the range is located shall be at least 0.5 miles from the property line of any site being used for residential purposes.

4. The property on which the range is located shall be at least 1,000 feet from the property line of an existing school, day care or place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses..

5. The distance from any firing point, measured down range in the direction of fire to the nearest property line of the property on which the range is located shall be at least 1,500 feet.

6. The range shall have backstops and embankments which meet the dimensional standards listed below.

a. Backstop standards for ranges up to 900 feet in length:

The range shall have an earth embankment not less than 25 feet in height and not less than 10 feet in thickness at the top along the entire length of the target line to serve as a backstop. The earth embankment shall retain a slope of 35 degrees from perpendicular or be terraced with timber or log retaining walls. Such embankment shall be topped with an earth filled double fence barricade not less than 15 feet in height and not less than three feet in thickness at the top. The required backstop can be either a natural terrain feature or a manmade earth embankment. In the case of a natural terrain feature, a topographic map at a scale of not less than one inch = 200 feet and two-foot contour intervals showing the terrain feature shall be submitted with the initial application.

b. Backstop standards for ranges greater than 900 feet in length:

All the above standards shall apply except that the overall height shall increase 10 feet for every additional 300 feet or fraction thereof in additional range length.

7. A Suburban Tier buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. of 80% adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to vacant land, or 100% adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. land, as applicable, shall be required around the perimeter of the site.

8. The entrance and exit to an outdoor firing range A property prepared, equipped and delineated for the purpose of shooting at targets by rifles [excluding air rifles], pistols, shot guns or archery. Excluded from this definition are residential sites and properties with hunting leases. shall be through gates which shall be locked during non-business hours.

9. Conditions of approval that may be considered in the decision to act on a special use permit pursuant to Sec. 3.9, Special Use Permit, include:

a. Limits on hours of operation;

b. Standards for lighting;

c. Requirements for additional landscaping and berming; and

d. Requirements to reduce noise such as installation of firing sheds.

M. Golf Course, Country Club, Swim Club, Tennis Club

Golf courses An area laid out for playing golf, which can include some or all of the following accessory facilities: clubhouses, putting greens, swimming and tennis facilities, concessions for food and supplies. Driving ranges can also be included, unless specifically excluded by provisions of this Ordinance. This definition does not include Par 3 or miniature golf., country clubs, swim clubs, and tennis clubs shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. No maintenance building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or clubhouse shall be closer than 100 feet to any residential use.

N. Hotels, Motels, and Extended Stay Residences

Hotels, motels, and extended stay residences An establishment containing 10 or more guest rooms that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels, for overnight guests staying five or more consecutive nights, and providing on-site registration and management. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. A minor special use permit shall be required if any access to a hotel, motel, or extended stay residence An establishment containing 10 or more guest rooms that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels, for overnight guests staying five or more consecutive nights, and providing on-site registration and management. is through or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to (including directly across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. from) a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use, unless such access is consistent with an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. that specifies the type, size, and intensity of use.

2. All hotel, motel, and extended stay residence An establishment containing 10 or more guest rooms that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels, for overnight guests staying five or more consecutive nights, and providing on-site registration and management. buildings, vehicular use areas that are at grade A land disturbing activity that modifies the contours of the land. or higher, and elements of associated underground vehicular use areas that extend to grade A land disturbing activity that modifies the contours of the land. or higher shall be located at least 50 feet from any property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use.

3. Any accessory commercial activities such as restaurants An establishment primarily engaged in the retail sale of food, where the sale of alcoholic drinks, such as beer, ale, wine, and liquor may also occur as a secondary function. Food and alcoholic drinks are primarily consumed on the premises where sold or in a designated social district; however, the take‐out of food & drink may occur, including to patrons who remain in vehicles. shall not be located along the side of the property adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use.

4. Any outdoor recreation facilities, such as swimming pools, shall not be located along the side of the property adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use. If the outdoor recreation facility is a swimming pool, it shall meet the standards of paragraph 5.4.9, Swimming Pools, with regard to fencing.

5. A minor special use permit shall be required if the property line of a hotel, motel, or extended stay residence An establishment containing 10 or more guest rooms that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels, for overnight guests staying five or more consecutive nights, and providing on-site registration and management. is 200 feet or less from a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or the property line of a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residential use, unless such location is consistent with an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. that specifies the type, size, and intensity of use.

6. In the Design districts, the requirements in paragraphs 1 and 5 shall not apply. Instead, a minor special use permit shall be required if a hotel, motel, or extended stay residence An establishment containing 10 or more guest rooms that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels, for overnight guests staying five or more consecutive nights, and providing on-site registration and management. is located in the S2 sub-district of the DD District. This use shall not be permitted in the S2 sub-district of the CD or CSD District.

7. In the Design districts, the requirements in paragraphs 2, 3, and 4 shall apply only if a hotel, motel, or extended stay residence An establishment containing 10 or more guest rooms that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels, for overnight guests staying five or more consecutive nights, and providing on-site registration and management. is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District..

8. In the CD or CSD District, a six-foot-high masonry wall shall be provided along the entire property line between any outdoor recreation facility or vehicular use area and an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. pre-existing residential use at ground level.

9. (County Only) Within the SRP-C District, the standards in paragraphs 1-5 shall apply unless modified as follows:

a. Paragraph 1 shall not apply unless the access is through or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use not located within the SRP-C District.

b. The requirements in paragraphs 2, 3, and 4 shall apply only if a hotel, motel, or extended stay residence An establishment containing 10 or more guest rooms that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels, for overnight guests staying five or more consecutive nights, and providing on-site registration and management. is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use not located within the SRP-C District.

c. A six-foot-high masonry wall shall be provided along the entire property line between any outdoor recreation facility or vehicular use area and an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. pre-existing residential use at ground level not located within the SRP-C District.

O. Manufactured Home Sales

Manufactured home sales shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The display area of the property shall be a minimum of 500 feet from any residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use.

2. The display area shall be set back a minimum of 25 feet from the street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

3. In addition to the landscaping requirements found in Article 9, Landscaping and Buffering, the following landscaping shall be provided within any street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.:

a. A hedge which is at least 24 inches in height; or

b. Plantings which meet the requirements for plantings for paragraph 5.3.4U.4.

4. Storage and repair activities shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. from off-site views.

5. A minimum separation of at least 10 feet shall be maintained between display homes. Display homes which are visible off-site shall be provided with some type of material and/or landscaping around the base which will prevent open views underneath the manufactured home.

6. In addition to the signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. typically allowed in the district, each display house can have a placard not to exceed three square feet in area which gives information about the house.

P. Nightclubs or Bars

Nightclubs or bars See “Nightclub” shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. This section shall not apply to Outdoor Dining areas pursuant to City Code 54-110.

2. Distance from a Place of Worship

a. With the exception of nightclubs or bars See “Nightclub” located within a Design District, the applicant shall demonstrate that no existing place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses. is located within 250 feet of the proposed nightclub or similar establishment.

b. Within a Design District, the applicant shall demonstrate that no existing place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses. is located within 50 feet of the proposed nightclub or similar establishment.

c. Measurements shall be made from the point on the place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses., whether on the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or associated parking area, that is closest to the proposed nightclub or similar establishment to the point on the proposed nightclub or similar establishment, whether on the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., associated parking area, or outdoor activity area that is closest to the place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses..

3. No outside storage shall be located on the site.

4. Additional Design District Requirements

Nightclubs and bars See “Nightclub” are allowed in all Design Districts subject to the following additional requirements:

a. For the CD-S2 and CSD-S2 Districts, approval of a minor special use permit pursuant to and CSD-S2 Districts, approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, shall be required in order to establish a nightclub or bar See “Nightclub”.

b. Nightclubs or bars See “Nightclub” in the DD-S2 District shall be located 50 feet from any residential zoning district outside of the Downtown Tier. Measurements shall be made from the residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. boundary to the point on the proposed nightclub or bar See “Nightclub”, whether on the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or associated parking area that is closest to the residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. boundary.

c. Outside Activities

For outside activities, the following standards shall be met:

(1) For the area between the building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. and the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., excluding alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., the outdoor activity area shall:

(a) Not exceed 50% of the interior seating area square footage;

(b) Be physically delineated and separated from the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. by a fence or wall in conformance with the requirements of Sec. 9.9, Fences and Walls;

(c) Be utilized for seating areas only; and

(d) Be prohibited from having amplified music.

(2) For all other areas, the outdoor activity area shall:

(a) Not exceed 100% of the interior seating area square footage;

(b) Be physically delineated and separated by a fence or wall as follows:

(i) A minimum six-foot-high fence or wall at the property line along adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties; and

(ii) A minimum three-foot-high fence or wall at the property line along rights-of-way.

(iii) When a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. wall is present along adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties, no fence or wall shall be required along the length of that building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. wall.

(iv) The fence or wall shall be in conformance with maximum heights and construction standards pursuant to Sec. 9.9, Fences and Walls.

(3) All outside activities shall be conducted in accordance with paragraph 7.8.7, Noise.

(4) Any area established for outside activities shall be shown on an approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..

5. (County Only) Within the SRP-C District, the following shall apply:

a. The applicant shall demonstrate that no existing place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses. is located within 50 feet of the proposed nightclub or similar establishment.

b. The method of measurement in paragraph 4 shall apply.

c. Outdoor activities are allowed and the standards for outdoor activities within paragraphs 6(a-d) shall apply.

d. No outside storage shall be located on the site.

Q. Outdoor Recreation

Outdoor recreation activities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. If not otherwise required, a minor special use permit shall be required if any access to the site is through or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to (including directly across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.) a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use, unless such access is consistent with an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. that accurately specifies the type, size, and intensity of use.

a. This requirement shall apply in the CD and CSD Districts only if access is through or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District..

b. This requirement shall not apply in the DD District.

c. (County Only) This requirement shall not apply in the SRP-C District.

2. Except in the SRP-C (County Only), CD, CSD, and DD Districts, a 50-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from any property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use shall be maintained for any unlighted structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., food sale or dining area, playground A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus., viewing area, court, field, or other athletic or entertainment area or facility.

a. CD and CSD Districts

4. In the RR District, food sales shall be provided for patrons of the recreational activity only.

5. The following standards shall apply in all design districts:

a. Unless located on the roof of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., miniature golf courses An area laid out for playing golf, which can include some or all of the following accessory facilities: clubhouses, putting greens, swimming and tennis facilities, concessions for food and supplies. Driving ranges can also be included, unless specifically excluded by provisions of this Ordinance. This definition does not include Par 3 or miniature golf. shall have a maximum site area The minimum area required for a particular type of development. The site may then be divided into smaller lots. of 0.5 acres.

b. Outdoor recreation uses are only allowed on the roof of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. if they are set back a minimum of 10 feet from the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. face, in addition to any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. stepbacks.

c. Batting cages (except where associated with ballparks), golf driving ranges, and amusement parks are only allowed in the design districts if they are not visible from adjacent Property abutting directly on the boundary of, touching, or sharing a common point. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. In association with ballparks, batting cages are allowed to be visible from adjacent Property abutting directly on the boundary of, touching, or sharing a common point. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

d. Design Standards

(1) Uncoated chain link fencing is prohibited except when the outdoor recreation use is on the roof of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the fencing is not visible from the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

(2) For outdoor recreation uses provided at, or within five feet of, ground level, a fence or wall shall be provided within the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. as established by paragraph 16.2.1, Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Placement Standards.

(3) All fences and walls shall be in conformance with the standards of Sec. 9.9, Fences and Walls.

6. In residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., parking located between the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the street shall be set back from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. beyond the minimum or maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., as applicable.

R. Paintball or Similar Recreation Facilities on Natural Sites

Paintball or similar recreation facilities on natural sites shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The site shall be at least five acres in size.

2. The use shall not be permitted to locate adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to any existing place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses., day care or school.

3. All activities shall take place at least 100 feet from any residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use.

4. The use shall not change or modify the existing natural landscape except for accessory services or parking areas. Movable walls, barricades, or similar features shall be permitted as a part of the recreational use.

5. Any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall be located at least 100 feet from all property lines. Total building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. shall be as follows:

a. For sites in the Rural Tier, total building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. shall be in accordance with the table below:

Site Acreage	Maximum Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Floor Area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. (square feet)
5 – 10	750
More than 10 – 15	1,500
More than 15 – 20	2,000
More than 20 – 25	2,500
More than 25 – 30	3,000
More than 30 – 35	3,500
More than 35 – 40	4,000
More than 40 – 45	4,500
More than 45	5,000

b. For sites in all other Tiers, the maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. shall be 750 square feet.

6. A buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. consistent with that of an Industrial Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a Residential Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. in the Suburban Tier shall be required (See Sec. 9.4, Project Boundary Buffers).

7. No outdoor storage shall be allowed.

8. No outdoor public address system shall be used.

S. Payday Lenders

Payday lenders shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Within the S1 and S2 sub-districts of the CD and CSD Districts, payday lenders shall not be permitted.

T. Self-Service Storage

Self-service storage shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The facility shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. from view from adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties pursuant to Sec. 9.7, Screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., except where storage units are not visible off-site and all access to individual storage units are from corridors internal to the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

U. Vehicle Sales, Leasing, and Rentals

Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. sales, leasing, and rentals shall be permitted in accordance with the use table in Sec. 5.1, subject to the following:

1. All junked or inoperable vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. or equipment shall be within a completely enclosed building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

2. Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. or equipment repairs made on-site shall be subject to the restrictions of paragraph 5.3.4V, Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. Service, and Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. Service Limited.

3. Adequate on-site area shall exist for the loading and unloading of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. from car carriers to ensure that no such loading or unloading occurs in any public right of way.

4. Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. sales, leasing, and rental facilities, except in the CI and Design districts, shall meet the following landscaping standards instead of those in Sec. 9.8, Vehicular Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Area Landscaping:

a. Trees shall be planted at the rate of one tree per 50 linear feet of display area perimeter, and shrubs at the rate of one shrub per five linear feet of display area perimeter, unless a project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. pursuant to Sec. 9.4, Project Boundary Buffers, is required between the edge of the display area and the property line or right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

b. Plants can be grouped together, provided that a contiguous growing area as specified in The Landscape Manual for Durham, North Carolina, not encroached When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. upon by impervious pavement, shall be provided for each planted tree. Sidewalks shall be permitted to encroach When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. on sites within the Urban, Compact Neighborhood, and Downtown Tiers when a critical root path system is implemented pursuant to the Landscape Manual.

c. Plantings shall be located in an area adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the display area, and between the display area and the property line; and shall meet the requirements for size and proximity to the display area as set for vehicular use areas in paragraph 9.8.1C, Standards, excluding paragraph 9.8.1C.7.

d. Shrubs shall not be required between a right of way (except an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.) or access easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and the display area if the display area is more than 50 feet from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or access easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

5. Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. sales, leasing, and rental facilities in the CI and Design districts shall meet the requirements of paragraph 9.8.4, Vehicular Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Area Landscaping in the CI and Design districts.

6. The provisions of Sec. 7.5, Outdoor Display, shall not apply. No vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. shall be displayed in required landscaping or in rights-of-way.

7. (County Only) Within the SRP-C District, the following shall apply:

a. Paragraphs 1 through 3 shall apply.

b. The requirements within paragraph 9.8.4, Vehicular Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Area Landscaping in the CI and Design districts, shall apply instead of those found in paragraph 4, above.

c. Paragraph 6 shall apply.

d. Only indoor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. sales facilities shall be permitted. No outdoor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. storage or sales are allowed.

e. Off-site loading and unloading is permitted in association with indoor sales.

V. Vehicle Service, Minor or Major

Vehicle service minor Buildings and premises for uses such as auto repair, battery sales and installation, fuel sales (other than with a convenience store), quick lubrication facilities, and tire sales and mounting.r or major) shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Fuel pumps shall be at least 15 feet from property lines, and the number of fueling stations shall be the same as those allowed pursuant to paragraph 5.3.4G, Convenience Stores A retail store with a floor area of less than 5,000 square feet that sells groceries and may also sell gasoline but not including vehicle service stations (limited or full). with Gas Sales.

2. Any repair, servicing, maintenance or other work on vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. shall be conducted within an enclosed structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

3. No outdoor storage shall be allowed.

4. No more than two inoperable motor vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. per service bay, with a total maximum of ten regardless of the number of service bays, shall be kept on-site at any time.

5. A spill prevention and counter measures plan shall be provided prior to construction plan approval that includes, at a minimum:

a. Cleanup procedures for spills occurring inside and outside the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.;

b. Counter measures for use in preventing spills from entering the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. collection system; and

c. Routine cleanup procedures for work areas and parking areas. Wash-down water shall not be permitted to enter the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. collection system.

6. Existing vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. service (full or limited) facilities that were in operation prior to January 1, 1994, and do not comply with the provisions above, shall:

a. Provide an opaque screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. (a fence or wall at least six feet in height but no more than eight feet in height or sufficient landscaping) to fully screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. all outdoor operations of the vehicle repair shop Buildings and premises where mechanical work, servicing, and repair of motor vehicles is conducted as the primary activity. Excluded from this definition are dwellings where not more than two vehicles owned by the lawful residents of the dwelling are repaired on-site., including vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. storage, from off-site views, including views from rights-of-way and adjoining properties.

b. Additional screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. shall not be required if no operations are visible from off-site.

c. Fences or walls, when used, shall not be located within any sight distance triangles at any intersection, but shall be set back to provide unimpeded vision clearance for pedestrian and vehicular traffic.

W. Veterinary Clinics, Animal Hospitals, and Kennels

Veterinary clinics Establishments where humans receive treatment of illnesses or pregnancy, or examinations by a doctor, dentist, optician, psychologist, or other similar medical professional on an out-patient basis., animal hospitals An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop., and kennels An establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. No outdoor runs, kennels An establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals., or storage shall be allowed in PDR or Design districts. (County Only) No outdoor runs, kennels An establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals., or storage shall be allowed in the SRP-C District.

2. A 300-foot separation shall be maintained between the outdoor areas where animals are kept and any property line of any adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residential use in a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District..

3. A minimum six-foot tall wall shall be installed and maintained between outdoor areas where animals are kept and any property line of an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residential use in a non-residential district.

4. Within the S2 sub-districts of the CD and CSD Districts, Kennels An establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals. shall not be permitted.

5. In the RR District, parking located between the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the street shall be set back at least 25 feet from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

X. Conference Centers, Retreat Houses, Event Venues, or Banquet Halls

Conference centers, retreat houses See “Event venue”., event venues A primarily indoor commercial multi-purpose venue facility designed primarily for hosting special events such as graduations, weddings, anniversaries, holiday gatherings, trade shows, corporate functions or meetings, and other similar functions. The facility may typically have a catering kitchen, indoor and outdoor seating, and a stage or event area. This definition does not include stadiums, arenas, or other similar outdoor venues., or banquet halls shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. If available, housing and meals shall be provided for participants and caretakers only.

2. Parking shall not be located in the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

5.3.5. Office Use Standards

A. Reserved

5.3.6. Industrial Use Standards

A. Asphalt Plants and Other Facilities for the Manufacture and Storage of Chemicals, Petroleum Products, Explosives, and Allied Products (When Not an Accessory Use – Service Stations and Research Laboratories are not Addressed by this Provision)

Asphalt plants and other facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The boundary of the property shall be at least 1,500 feet from any residential use or zone.

2. The use shall be totally enclosed by a security fence or wall at least eight feet high or enclosed within a fire proof building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

3. All plans shall be reviewed by Fire and Emergency staff prior to approval in order to determine that existing services provide adequate protection for citizens.

B. Concrete Manufacturing Plants

Concrete manufacturing plants shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The facility shall not be within 1,500 feet of property zoned residential, however, intervening highways, streets, railroads, and similar rights-of-way shall be included in the 1,500-foot measurement.

2. The property shall not be adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to an existing hospital An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop., day care facility, educational facility, place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses., convalescent center, or assisted living center.

3. The site shall be at least four acres in area and shall have direct access on a major or minor thoroughfare, or boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended..

4. Property boundaries facing public streets shall be fenced with a six-foot-high fence and the fence shall be two-thirds screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. by vegetation at planting.

C. Hazardous and Low Level Nuclear Material Disposal and Storage Areas

Hazardous and low level nuclear material Any natural or man-made material which undergoes radioactive decay, during which process it releases energy in the form of ionizing radiation; this also includes any mixture of materials which contains nuclear material. disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. and storage areas shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The facility use shall comply with all applicable State and federal regulations.

2. The facility shall be located at least 1,500 feet from any residential zone.

3. Maps and engineering drawings shall be provided showing proposed drainage, proposed sewer system design, the depth of the water table, soil composition, all existing surface water, and all existing uses within ¼-mile of the property line.

4. The site shall be enclosed by a fence or wall at least six feet high. Entrance and exit shall be through a gate which shall be locked during non-business hours.

D. Light Industrial Uses

Light industrial uses shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Within any design district, the following light industrial uses shall not be allowed:

a. Equipment rental;

b. Maintenance yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. or facility; and

c. Regional recycling center A building or an area where the primary activity is the separation of materials prior to shipment for remanufacture into new materials. This shall not include junkyards or wrecking yards..

2. Within the SRP District, the only light industrial uses permitted shall be the manufacture or assembly of equipment, instruments (including musical instruments), precision items, or electrical items.

a. The manufacture or assembly of appliances, toys, or other similar items are not permitted.

b. Outdoor storage for manufacturing is allowed only as an accessory use.

3. No outdoor operations or storage shall be visible from the street.

4. (County Only) Within the SRP-C District, the following light industrial uses shall not be allowed:

a. Equipment rental;

b. Maintenance yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. or facility; and

5. No outdoor storage is permitted in design districts.

6. Light industrial uses shall not be permitted in the S2 sub-district of CD and CSD Districts.

E. Resource Extraction

Resource extraction uses shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The application for the use shall include a plan for restoration procedures and methods to ensure financing of the restoration once the operation ceases.

F. Transfer Stations

Transfer stations A facility where waste materials from residences, commercial and industrial establishments are transferred to vehicles which will take the materials to a landfill or other disposal site. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The transfer station A facility where waste materials from residences, commercial and industrial establishments are transferred to vehicles which will take the materials to a landfill or other disposal site. shall only handle waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. that can be legally handled or disposed of in a solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. landfill facility. This limitation shall not preclude use of the transfer station A facility where waste materials from residences, commercial and industrial establishments are transferred to vehicles which will take the materials to a landfill or other disposal site. site for collection, processing, storage, and transfer of recyclable materials or for other waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. reduction activities.

2. The transfer station A facility where waste materials from residences, commercial and industrial establishments are transferred to vehicles which will take the materials to a landfill or other disposal site. entrance driveway A private roadway located on a parcel or lot used for vehicle access. shall be located on a major thoroughfare or boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended., and located within 2,000 feet of an interstate highway interchange.

3. There shall be at least 500 feet of separation between the transfer station A facility where waste materials from residences, commercial and industrial establishments are transferred to vehicles which will take the materials to a landfill or other disposal site. facility [building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and vehicular use areas adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.] and the nearest residential structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

4. The facility shall conform to all applicable State and federal regulations.

G. Wholesale Trade

Wholesale trade shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

Outside storage or operations shall not be visible from the street.

H. Wrecking, Junk, and Salvage Yards

Wrecking, junk, and salvage yards Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery. shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The facility shall not be within 1,000 feet of property zoned residential; however, intervening highways, streets, railroads, and similar rights-of-way shall be included in the 1,000-foot measurement.

2. The facilities shall be enclosed by a fence and shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. from view. The fence shall be six-feet high, measured from the lowest point of grade A land disturbing activity that modifies the contours of the land.. The fence shall be maintained in good condition. No stored materials shall be visible from ground level immediately outside the fence.

3. A spill prevention and countermeasures plan shall be provided prior to construction plan approval that includes, at a minimum:

b. Countermeasures for use in preventing spills from entering the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. collection system; and

4. Existing wrecking, junk and salvage yards Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery. that were in operation prior to January 1, 1994, and do not comply with all of the provisions listed above, shall provide an opaque screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. (a fence or wall at least six feet in height but no more than eight feet in height or sufficient landscaping) to fully screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. the facility from off-site views, including views from rights-of-way and adjoining properties. Additional screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. shall not be required if no operations are visible from off-site. Fences or walls, when used, shall not be located within any sight distance triangles at any intersection, but shall be set back to provide unimpeded vision clearance for pedestrian and vehicular traffic.

5.3.7. SRP District Use Standards

Within the SRP District:

A. Helipads are allowed as an accessory use with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

B. Retail sales and service uses, and restaurants An establishment primarily engaged in the retail sale of food, where the sale of alcoholic drinks, such as beer, ale, wine, and liquor may also occur as a secondary function. Food and alcoholic drinks are primarily consumed on the premises where sold or in a designated social district; however, the take‐out of food & drink may occur, including to patrons who remain in vehicles. without drive-through windows, are allowed as an accessory use with the following conditions:

1. No signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be visible off-site.

2. The use shall be located within a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. housing a principal use allowed in the District.

Sec. 5.3. Limited Use Standards

5.3.1. Agricultural Use Standards

A. Agricultural Uses

B. Forestry (City Only)

5.3.2. Residential Use Standards

A. Commercial Dorms

B. Congregate Living Facility

C. Family Care Homes and Group Homes

1. Family Care Homes

2. Group Homes

D. Manufactured Home

1. Class A Manufactured Homes

2. Class B Manufactured Homes

E. Manufactured Home Park or Subdivision

F. Co-Living

5.3.3. Public and Civic Use Standards

A. Auditoriums

B. Cemeteries, Columbaria, and Memorial Gardens

C. Club or Lodge (Nonprofit)

1. In Residential and PDR Districts:

D. Correctional Facility

E. Day Care Facility

a. Outdoor Play Space

b. Indoor Play Space

F. Government Facilities

G. Museum

H. Parks and Open Areas

1. Vehicle Use Area Landscaping Standards

2. Setbacks

I. Passenger Terminals

J. Places of Worship

K. Schools – Elementary, Middle, or High

L. TV/HDTV/AM/FM Broadcast Antennae

M. Utility Facilities

N. Wireless Communication Facilities for Transmitting and Receiving Electronic Signals (WCFs)

1. The purpose of this section is to:

2. Exceptions

3. General Requirements

c. Structural, Operational, and Insurance Requirements

4. Standards for Specific Wireless Communication Facilities (WCFs)

a. Collocation – Concealed, Attached

b. Collocation – Non-Concealed, Attached

c. Collocation on an Existing, Freestanding WCF

d. Eligible Facility Request/Substantial Change

e. Freestanding, Concealed and Unipole WCF

f. Freestanding, Non-Concealed WCF

5. Applications Requiring Special Use Permit Approval

c. Required Balloon Test

6. Variance

7. Third Party Review

8. Abandonment

9. Structural Integrity Certification

O. Shelters; Food Pantry or Meal Center

5.3.4. Commercial Use Standards

A. Adult Establishments

B. All Retail Sales and Service

C. Antique Shops

D. Bed and Breakfasts

E. Car Washes

F. Commercial Parking

G. Convenience Stores with Gas Sales

H. Drive-In Theaters

I. Drive-Through Facilities

J. Electronic Gaming Operations

K. Firing Range, Indoor

L. Firing Range, Outdoor

a. Backstop standards for ranges up to 900 feet in length:

b. Backstop standards for ranges greater than 900 feet in length:

M. Golf Course, Country Club, Swim Club, Tennis Club

N. Hotels, Motels, and Extended Stay Residences

O. Manufactured Home Sales

P. Nightclubs or Bars

2. Distance from a Place of Worship

4. Additional Design District Requirements

c. Outside Activities

Q. Outdoor Recreation

a. CD and CSD Districts

b. DD District

a. CD and CSD Districts

b. DD District