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HomeMy WebLinkAboutZoning Ordinance-ZONING.ORDINANCE OF THE CITY OF JACKSONVILLE, NORTH CAROLINA AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR JACKSONVILLE, NORTH CAROLINA, AND ITS EXTR)LTERRITORIAL AREA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT OF SAME. SECTION 1.0 AUTHORITY, PURPOSE, ENACTMENT 1.1 Authority This ordinance is adopted pursuant to authority granted to North Carolina municipalities by Chapter 160A, Article 19, Part 3 (principal sections G. S. 160A-381 through 392), North Carolina General Statutes. 1.2 Purposes It is the intent of this ordinance to encourage well -planned growth for the City of Jacksonville and its environs, to help insure wise, productive, and harmonious uses of land, to guide the use of land in a manner which gives appropriate consideration to the economic, social, cultural, aesthetic, and environmental values of the citizens of the community, to preserve and enhance the quality of life for community residents, and to assist in implementing the elements of the City's comprehensive plan. To these ends, this ordinance seeks to regulate land and structures in a manner that will secure safety from fire, flooding, panic, and other dangers, provide adequate light, air, and sanitation, prevent population and traffic. - congestion and the overcrowding of land, facilitate the adequate provision of public facilities and utilities, conserve the value of land, buildings, and natural resources, and preserve and protect the community's natural resources and its sensitive natural areas. 1.3 Enactment For the purposes cited above and for the general purposes of promoting the health, safety, and general welfare of the citizens of Jacksonville, all in accordance with a land use plan and other comprehensive plan elements, the City Council of the City of Jacksonville hereby ordain, adopt, and enact this ordinance in its entirety, including text, map, and all regulations, all of which shall be known as the Jacksonville Zoning Ordinance. This ordinance shall apply to all land within the corporate and extraterritorial limits of the City of Jacksonville, as shown on the Official Zoning Map or described by ordinance. 1.4 Conflicting Ordinances All ordinances or parts of ordinances in conflict with this ordinance or inconsistent with its provisions, specifically including previous zoning ordinances of the City of Jacksonville or amendments thereto, are hereby repealed or superseded to the extent necessary to give this ordinance full force and effort. 1.5 Separability Should any provision of this ordinance be declared invalid or unconstitutional by a court of competent'jurisdiction, such declaration shall not affect this ordinance as a whole or any part hereof ,except that specific provision which was -the subject of the declaration. • 4 1 SECTION 2.0 GENTMAL PROVISIONS 2.1 Interpretations and Other Requirements In interpreting and applying these regulations, they shall be held to be the minimum requirements necessary to carry out the purposes of the ordinance. Except as may be specifically stated, it is not the intent of this ordinance to interfere with, abrogate, annul, or otherwise affect any easements, coneenants, or other agreements between parties; provided, however, that when the requirements of th4s ordinance impose a greater restriction upon the use - of land or structures or requires greater yard or open spaces than imposed by other ordinances, rules, regulations. permits, easements, deed restrictions, covenants, or agreements, the provisions of this ordinance shall govern. 2.2 Land and Structures Affected No land, building, or structure shall be used or occupied,. and no building or structure or part thereof I shall be erected, moved, or structurally altered except in conformity with these regulations. 2.3 One Principal Building Per Lot Except as specifically provided or implied herein, there shall be no more than one principal building and its customary accessory buildings upon any lot. 2.4 Changes in Lot Sizes and Yard Spaces No lot shall be reduced in area or changed in dimensions so that lot sizes, frontage, yard spaces and setbacks, open spaces, or other requirements of this ordinance are not met, except through an accepted dedication of right-of-way to the City or the State. All lots and -yard spaces established after the passage of this ordinance shall be full conformity with these regulations. 2.5 Double Counting Not Permitted No space which has been counted as part of a yard, lot area, parking area, or loading area required for one lot, use, or building shall be counted to satisfy or comply with such requirements for any other lot, use, or building. 2.6 Structures to Have Access Every building hereafter erected or moved shall be on a lot having a minimum frontage of 20 feet, measured at the edge of the pavement, on a public street. All structures shall be so located on lots to provide safe and convenient access for servicing, fire protection, and required off-street parking. 2.7 Yard Space Encroachments No required yard space shall be encroached upon or reduced -except in conformity with these regulations. Shrubbery, driveways, retaining walls, fences, curbs, ornamental objects, and plantings shall not be considered encroachments. Eaves may project no more than 2 feet into a minimum required yard. 2:8 Corner Lot Setbacks Buildings erected on lots having frontage on two or more streets shall be set back from each street a distance at least equal to the front yard requirement for the district in which the lot is located., 2.9 Intersection Visibility - On a'corner lot in any district, -nothing shall be planted, erected, placed, or allowed to grow in such a manner as to materially impede vision between a height of 2.S feet and 10 feet above the centerline grades -of the intersecting 'streets in the area bounded by the street lines of uch corner lot(s) and a line joining"points along the street lines 30 feerom the point of intersection. 2.10 Residential Accessory Buildings The minimum setbacks for accessory buildings from side and rear lot lines in residential districts' shall be *-.5_eet. The combined floor area of accessory buildings on a residential lot shall not exceed one-half the area of the prin- cipal building served.. 2.11 Construction in Progress No change in the plans, construction, size, or immediate designated use shall be required for any building,. structure, or part thereof for which a builaing permit has.been properly issues -before passage of this ordinance; provided, however, that if construction is not begun within 60 days or pro- secuted to completion within 18-months of the effective date of this ordinance, any further construction or use shall -conform with this ordinance. 2.12 Height Regulation Exceptions Height limitations contained herein do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, flagpoles, or other projections usually required to be placed above the roof level and not intended for human occupancy. ' 2.13 Illumination Facing Thoroughfares No flood, screening, or other type of lighting shall be placed or oriented so as to direct light rays or glare onto streets or highways in a manner which might distract or interfere with the vision of motorists or of pedestrians in crosswalks. This provision shall not affect traffic signals and street lights. 2.14 Transit Shelters ` Weather shelters at school bus or public transit stops not exceeding 60 square feet in area, are permitted in all districts: Such shelters shall not impair intersection visibility, nor shall they contain any advertising. 2.15 Rome Occupations Rome occupations must be clearly incidental and secondary to the use of the dwelling for residence purposes and =ust not change the character thereof.. Home occupations must be conducted by the family dwelling therein must not include sales rooms, display windows, or outside storage, must not—"-T'- include installatioq of mechanical equipment except such equipment normally used for domestic or professional purposes, must not use over 25 percent of the total floor space of the dwelling structure (including storage), and must not use accessory buildings in connection with the home occupation. No home occupation shall significantly increase the traffic, noise, electrical interference, glare, dust, smoke, or odor beyond levels normally existing in residential districts. Claims of home occupations shall not be used to circumvent or avoid the intent of this ordinance that trades and commercial operations shall take place in appropriately zoned commercial districts. 2.16 Buffer Areas Buffer areas shall be continously maintained in evergreen trees, initially planted at minimum heights of 4 feet and minimum density of one per 12 square feet or other such arrangement which successfully achieves the screening objective. Buffer areas shall include only plantings and any required fencing and shall not include buildings, signs, or vehicles. 2.17 Classification of New Jurisdiction All territory which may hereafter be added to Jacksonville's zoning jurisdiction by an ordinance or bill of annexation or by an ordinance extending the extraterritorial jurisdiction shall be classified RA-20 Residential-Agricnl- tural unless and until specifically classified otherwise by ordinance. 2.18 Zero Lot Lines When "zero lot lines" are permitted in side yard space regulations, this means that one of the two side yard lot lines for single-family detached dwellings may be waived if: (a) the final subdivision plat designates placement of the dwelling unit on one side lot line, (b) no two dwelling units utilize the zero lot line provision on a common lot line, (c) the remaining side yard is not less than the sum of the two side yards normally required, and (d) the dwelling unit wall abutting the zero lot line side yard is a structural wall and not on porch or otberwise open wall. 3 SDCTION iS DEFINITION OF TERMS Tar the purpose of interpreting this ordinance, certain words and terms shall be interpreted as indicated below. All other words used in this ordinance shall bare their customary, dictionary definitions. �.1 Tome and Number 3.1.1 Fonds used in the present tense include the future tense, and words rse3 in the future tense include the past tense. 3.1.2 r=ds used in the singular. number include the plural, and words used m the plural number include the singular. -3.2 Void Interpretation 3.2.1 3fn*word person includes a firm, association, organization, partnership, corporation, trust, family, and company, as well as an individual. 3.2.2 -reword lot includes the words plot and parcel. 3.2.3 neword building includes the word structure. 3.2.4 5r word shall is always mandatory and not merely directory. 3.2.5 75e word may, is permissive and not mandatory. 3.2.6 Me words used or occupied include "intended, arranged, or designed t* Bell used or occupied. 3.2.7 ne word City shall mean the City of Jacksonville, a municipal corporation cEthe State of North Carolina. 3.2.8 rtewords ordinance, regulations, and requirements shall, unless d2erwise explained, mean this official Zoning Ordinance of the [r of Jacksonville, North Carolina. 3.2.9 Mewords map, zoning map, and official zoning map shall mean the QIM7eial Zoning Map for the City of Jacksonville, North Carolina, and %sFxtraterritorial Area, an element of this ordinance. 3.2.10rences to City Council, Planning Board, Board of Adjustment, or ssalar official boards shall mean the corresponding public body of ruicipal government in the City of Jacksonville, North Carolina. 3.3- T=r Definitions - 3.3.1 -4=--ssory Building or Use. A building or use clearly incidental to a gacipal building or use, serving or contributing to the principal IKIding or use, subordinate in area, extent, and/or purpose to the p acipal building or use, and located on the same lot as the principal balding or use. 3.3.2 Automobile Service Station. A business providing gasoline, oil, grease, tires, batteries, accessories and similar supplies, and minor maintenance (such as tune-ups, brake adjustments, and tire changing) for automotive vehicles, but not including major repairs, body work, or painting, or businesses primarily devoted to these activities. 3.3.3 Boarding House. A residential building where, for compensation, lodging with or without meals for nontransient persons is provided. 3.3.4 Building. Any structure'having a roof supported by columns or by walls and designed for shelter, housing, or enclosure of persons, aninfals, or property. 3.3.5 Building Height. The vertical distance from the average sidewalk or street grade, or finished grade at the building line, whichever is highest, to the highest point of the building, excluding spires, antennas, and any other specific exceptions in the_"General Provisions" of this ordinance. 3.3.6 District. A zoning district, an area with the City of Jacksonville.or its extraterritorial area within which the zoning regulations are uniform. 3.3.7 Duplex. A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each. 3-3.8 Dwelling. A building designed, arranged, or used for permanent living quarters for one or more persons.' 3.3.9 Dwelling Unit. A building or portion thereof providing complete living facilities bathroom, kitchen, sleeping quarters) for.one family. 3.3.10 Dwelling, Multi -Family. A dwelling -containing two or more dwelling.units, including apartment houses, townhouses, and condominiums. 3.3.11 Extraterritorial Area. Land under the jurisdiction of this ordinance and lying beyond the corporate limits of the City, as delineated on.the Official Zoning Map. 3.3-12 Family. One or more persons occupying a dwelling unit who are all related by blood or marriage or up to four unrelated persons living as a single housekeeping unit. "Family" shall not include a group occupying a boarding house, lodging house, club, fraternity or sorority house, institution, hotel, or similar group occupancies. 3.3.13 Farm. An activity conducted solely or primarily for the production of one or more agricultural products or Commodities, including timber, and.cus- tomarily producing same in sufficient quantity to contribute significantly to the operators livelihood. 3.3.14 Fence. A bedge, structure, or partition erected for the purpose of enclosing an area. 3.3.15 Fence, Solid. A fence which is so constructed that not more than ten percent of the vertical surface is open to permit the transmission of light, air, and vision through said surface -in a horizontal plane. 3.3.16 Frontage. All the property abutting one side of a street, measured along the street line. 3.3.17 Garage, Private. An accessory structure to -a dwelling designed for the storage of family motor vehicles and in which no.business, occupation,.. _ or service is conducted. 3.3.18 Home Occupation. Work for compensation conducted within a dwelling by a person or family residing therein. Home occupations are extensions of traditional homemaking activities and crafts or are professions which are kenerally only headquartered in tbe;home and do not customarily have regular hours for the public. Customary home occupations include, for example, dressmaking, seamstress, cooking and baking, quilting, hair— dressing, music instruction, - insurance salesmen, accountants, bookkeepers, consultants, manufacturers '...'sales representatives, and renting of not more than one room to boarders.:..(See home. occupation regulations in General Provisions. 3.3.19 Hotel. A commercial structure and business in which sleeping accomodations are provided and offered to transient visitors for compensation. Hotels_ include customary accessory uses, such as restaurants and nightclubs, if they are a physical and integrated part of the principal use. ..'Hotel" -. includes motels and tourist homes. 3.3.20 Junkyard. Any lot, .yard or place, outdoors or in a building, containing junk and used for buying, storing, keeping, dismantling, processing,. salvaging, selling, or offering for sale any such junk, in whole units .or by parts, for a business or commercial purpose, whether -or not the proceeds are received for profit or charitable reasons. "Junkyards" - include areas so defined by G. S. 136-143(4). Junkyards shall include areas within or adjacent to industrial operation where materials are being stored pending salvage or reprocessing. "Junk" sball mean damage dy worn out, scrapped, or discarded materials, including but not limited to_. old iron, steel, brass, copper, tin; lead, or other base metals; wrecked or inoperable motor vehicles or vehicle parts; old bottles or other glass; old machinery parts or plumbing fixtures; and other scrapped or discarded materials commonly regarded as junk or defined as junk by G. S. 136-143(3)- _._.... _ 3.3.21 Lot. A parcel of land of at least the minimum size and with the necessary_ access to meet the requirements of this ordinance for the district -in which it is located and which is occupied or capakble of being occupied by a principal use and/or building together with accessory structures or uses. A lot may be a single lot of record, a portion of.a lot of record, a combination of whole or partial lots of record, or a parcel described by metes and bounds. __:—_ 3.3.22 Lot, Corner-. A lot abutting upon two streets or roads (including platted but unopened streets or roads). 3.3.23 Lot Depth. The average distance between front and rear lot lines. 3.3.24 Lot Frontage. The distance between the two side lot lines as measured along the street right-of-way. 3.3.25 Lot of Record. A lot which is part of a subdivision or plat which has been recorded in the office of the Register of Deeds of Onslow County, after any appropriate approvals under City regulations, or a lot,described by metes and bounds, the description of which has been so recorded. 3.3.26 Lot Width. The distance between side lot lines measured at the front building line. , 3.3.27 Lower Facade. The first -story, outer, exposed front surface of a building, or, where there is not clear distinction between stories,. the lower twelve feet of the building front above grade. 3.3.28 Mobile Home. A factory -fabricated structure, transportable in one to three Sections, which exceeds 8 feet in width and 32 feet in length,' built•on a permanent chassis with built-in plumbing, heating, and electrical systems, and designed to be used as a dwelling with or without a permanent foundation. Any mobile home constructed after June 15, 1976, must contain proper HUD labeling. 3.3.29 Mobile Home Park. A mobile home park is that portion of a mobile home development containing more than two mobile home lots with mobile home stands for rental purposes to accomodate a mobile home for occupancy. 3.3.30 Mobile Home Subdivision. A mobile home subdivision is that portion of a mobile home development containing more than two mobile home lots for purposes of sale for residential occupancy by mobile home owners. 3.3.31 Modular Building. A pre -fabricated factory built building system of one or more units of closed construction, having the plumbing, electrical, mechanical fixtures and utilities installed, meeting the requirements of the North Carolina State Building Codes, having the proper:^labeling and transported to the building site with no fixed means of mobility. 3.3.32 Nightclub. A cocktail lounge, tavern, bar, beer hall, dance ball, coffee- house, private club, or similar establishment offering primarily beverages and music. A place of entertainment usually open during the late afternoon, evening, and/or early morning hours and typically, but not necessarily, offering alcoholic beverages for sale and consumption.' 3.3.33 Nonconforming Structure. A building, mobile home, wall, fence, "sign, or other structure which does not conform to the regulations of this ordinance. 3.3.34 Nonconforming Use. A use of land and/or structures which does not conform to the use regulations of the Zoning Ordinance. 3.3.35 Permitted Use. A use permitted by right in a district, not subject to approval as special exception nor prohibited in the district. 3.3.36 Principal Building or Use. The principal purpose for which the lot or the main structure thereon is designed, arranged, intended, or used. 3.3.37 Restaurant, Drive -In. A food service establishment specializing in fast dispensing of food to customers, either over the counter or directly to them in vehicles, and which is designed especially to accommodate vehicles. 3.3.38 Right -of -Way.. An area dedicated to and/or maintained by the City of Jacksonville or the State of North Carolina for.the placement of roads and/or utilities. 3.3.39 Schools, Private. An institution or a place for instruction of education, belonging to and maintained by a private or religious•organization. Private schools shall be defined as those identified in Chapter 115, Articles 32A and 32B of the North Carolina General Statutes. 3.3.40 Schools, Public. An institution or place for instruction of education, belonging to the public and established and conducted under..public authority. Public schools shall include all public kindergartens, elementary, junior high, high school, junior colleges, college and universities but no others. All public schools must be accredited by the North Carolina Department of Education. 3.3.41 Setback. The minimum distance between the lot line and the building line. 3.3.42 Shopping Center. Two or more commercial establishments planned and constructed as a single unit with off-street parking and loading facilities provided on the property and related in location, size, and type of shops to the trade area which the center serves. All shopping center developments must submit site plans for approval according to procedures outlined in this ordinance. 3.3.43 Sign. Any device designed to inform, or attract the attention of persons not on the premises on which the sign is located, provided, however, that the -following shall not be included in the application of the regulations herein: i a) signs not exceeding two (2) square feet in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; b) flags and insignia of any government except where displayed in connection with commercial promotion; • i c) legal notices, identification, information, or directional signs erected or required by governmental bodies; i d) integral decorative or architectural features of buildings, except letters, trademarks, moving lights, or moving parts; and 1 e) signs directing and guiding traffic and parking on private property, but bearing no advertising matter. 3.3.44 Sign, Ground. Signs that extend upward out of the ground. 3.3,45 Sign Marquee_. Signs that appear on extended roofs such as theatre signs. 3.3.46 Sign, Outdoor Advertising. Any sign, including a standard poster panel either free standing or attached to a structure which directs attention to a business, commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than on the premises on which said sign is located. 3.3.4.7 Sign, Principal Use. A sign which directs attention to a business, commodity, service, entertainment or other activity, conducted, sold, or offered exclusively on the premises upon which said sign is located. 3-3.48 Sign, Projecting. Signs that extend outward from the building walls. 3.3.49 Sign Surface Area (Sign Area)." •The display surface of any sign, including background area, which contains any attracting, informing, communicating, or decorative elements (such as letters, words, numbers, picture or symbols), but not including unfinished nondisplay areas, framing, or supporting numbers. 3.3.50 Sign, Temporary. A sign permitted for a period not exceeding twelve (12) months including for sale, for rent, construction companies' names, sub- contractors' names, and architects' and planners' names, - 3.3.51 Signs, Total Aggregate Area Total Area). The total surface of all signs on premises or in a specific area, regardless of their number or type. 3.3.52 Special Exception. A use which would not be appropriate generally or without restriction in a zoning district but which, if controlled as to number, area, location, or other factors may be compatible with other authorized uses and may promote the public health, safety, welfare, and/or convenience. Sometimes called "conditional use." Permitted upon certain specific findings by the City Council and issuance of a special use permit. 3.3.53 Street. A dedicated and accepted public right-of-way for vehicular traffic which provides the principal means of access to abutting properties. 3.3.54 Stiucture. Anything constructed or erected, the use of which requires more or less permanent' location on the ground or which is attached to something having more or less permanent location on the ground.- Among other things, structures include buildings, mobile homes, walls, fences, and signs. 3.3.55 Upper Facade. The upper -story, outer wall of a building ors when there is not a clear distinction bet�.etn.stories, the wall above 12 feet in beight. 3.3.56 Variance. A variance is'a departure from the uniform terms of the Zoning Ordinance granted because literal enforcement of the ordinance would result in unneccessary and undue hardship. Variances are granted only to adjust for special environmental conditions not adequately anticipated or addressed by the ordinance and must not constitute amend- ments of the ordinance or violations of its intent. Variances are permissible only as adjustmentd of dimensional requirements (height, area, yard spaces, size of structure, etc.) and may not be granted to allow establishment, continuation, or expansion of a use other -wise prohibited. 3.3.57 Yard. A re uired open space on the same lot with a building or other structure(si, unoccupied and unobstructed from the ground upward except by trees, shrubbery, landscaping features, or other exceptions specified in this ordinance. 3.3•58 Yard, Front. A yard on the same lot with'a building or structure, from the front line of the building to the street right-of-way or front property =ine and extending across the full width of the lot. 3.3.59 Yard, Rear. A yard on the same lot with a building or -structure, from the rear line of the building to the rear lot line and extending. across the full width of the lot. 3.3..60 Yard, Side. A yard on the same lot with a building or structure, from the side line of the building to the side lot line(s) and extending from the front yard to the rear yard. 3.3.61 Adult Book Stores. An -establishment having as a substantial' or signif icant'portion of its stock in trade, books, magazines and other periodicals and related merchandise which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" (as definedbelow). 3.3.62 "K�-pe "X" Cabaret". A cabaret which features topless dancers or wait- resses, go-go dancers, exotic dancers, male or female impersonators, or similar entertainment. - 3.3.63 Adult Motion Picture Theatres. An enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "Sprecified Sexual Activities" or "Specified Anatomical Areas", (as defined below) for observation by patrons therein. 3.3.64 Adult Mini -Motion Picture Theatres. An enclosed building with a capacity of less than fifty persons used for presenting materials distinguished or characterized by an emphasis on material depicting, describing, 'or relating to "Specified Sexual Activities" or"Specified Anatomical Areas," (as defined below), for observation by patrons therein. 3.3.65 "Specified Sexual Activities". Defined as human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual inter- course or sodomy; fondling or other erotic touching of human genitals, pubic region or female breast(s). 3.3.66 "Specified Anatomical Areas". `Defined as less than completely and opaquely covered: 1 hnunan genitals, pubic region, (2) buttock, and 0 female breast below a -point immediately'above the top of'the areola; and human male genitals in a discernibly turgid state, even if completely and .opaquely covered. SECTION 4.0 DISTRICT REGULATIONS 4.1 Establishment of Districts District regulations setting forth permissible uses and establishing area and bulk requirements for the use of land and buildings are hereby enacted. These regulations are adopted as requirements for *the entire zoning jurisdiction of the City, each part of which shall. be classified according to one of the districts set forth below and regulated according to the uniform requirements of that district. These districts (classifications) shall be delineated on the Official Zoning Map and may be designated by their abbreviated name as wel`1 as their full titles. 4.2 Boundary Interpretation 'When uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply: 4.2.1 Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or.railroad'right-of-way lines' or such lines extended,"` such center lines, street lines,•or railroad right-of-way . lines shall be construed to be such boundaries. 4.2.2 Where district boundaries are so indicated that they approxi-.- mately follow lot lines, such lot lines shall be construed to be said boundaries. 4.2.3 Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, highways or railroads, or rigbts-of-way of same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as -indicated on shall ' be determined by the use of the scale shown on said Zoning Map.` 4.2.4 Where a district boundary line divides a lot in single ownership the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof, provided that such extensions shall not include any part of such a lot more than thirty-five (35) feet beyond the district boundary line. 4.3 RA-20 Residential -Agricultural District 4.3.1 Purpose. This district is designed for low -density residential and agricultural purposes, in a rural or near -rural setting, and is intended to insure that residential development without access . to public water and/or sewers may take place in a manner which pro- vides..a healthful environment. This district is designed to primarily govern land -use in areas of the zoning jurisdiction least developed for urban purposes. This district also permits certain service and public uses which are common to a more rural setting, or have large land area requirements, or benefit from a low -density setting. 4.3.2 Permitted Uses. district: - The following uses are permitted by right in this 4.3.2.1 Single-family dwellings 4.3.2.2 Agricultural and horticultural operations, including -the. sale of proceeds at roadside stands 4.3.2.3 Churches and their customary accessory uses 4.3.2.4 Public and private parks, playgrounds, community centers, golf courses, swimming pools, and similar recreation uses 4.3.2.5 Home occupations specifically listed in the definition thereof.• 4.3.2.6 Residential accessory uses and structures, including private garages and carports, swimming pools, fallout shelters, playhouses) well_ pump house, storage sheds, and residential greenhouses. 4.3.3 Special Exceptions. The following uses -are permitted as special — = exceptions upon findings by —the --City Council as required below and--. in the section of this ordinance entitled Special Exceptions and subject to any conditions specified below or set by the City Council in order to reasonably maintain the character of the district: 4.3.3.1 Mobile homes, upon a finding that their placement and use will not have a substantial adverse effect upon the value or enjoyment of adjoining developed properties and upon compliance with all other applicable regulations found in this ordinance.--_-_ 4.3.3.2 Mobile home parks and subdivisions, upon findings that (1) their placement and use will not have a substantial adverse effect upon the value or enjoyment of adjoining residential areas, and (2) this form of housing appears necessary to adequately meet the demand for sound housing in the community. Permission for this use shall be conditional upon con- tinuing compliance with this ordinance or other City Code provisions relating thereto. 4.3.3.3 Home occupations not specifically listed in the definition thereof, upon findings that (1) the occupation is an extension of traditional homemaking activities or a profession which is normally only head- quartered in the home and which does not customarily have regular office hours for the public, and (2) the application is not an apparent attempt to avoid properly locating the business in other zoning districts created to allow the occupation. Permission for this use shall be conditional upon full compliance with -the require- ments for home occupation status listed_in the definition of same. c 4.3.3.4 Kindergartens and child day care centers, upon a finding that the activities at the location will not have an adverse effect upon the enjoyment of adjoining properties and upon the conditions that at least 100 square feet of play area is provided for each child and the play area is enclosed by a sturdy fence at least 5 feet high. 4.3.5.5 Schools, public and private, upon a finding that adequate thoroughfare access exists to prevent undue traffic congestion and upon the condition that site plans, including plans for buffering adjacent properties, be submitted to the Planning Board for comment. 4.3.3.6 Airports, upon findings that they will not create substantial adverse noise or other significantly adverse environmental condi- tions affecting nearby residents, schools, and businesses. t i j 4.3.3.7 Government&l, and public utilities buildings and uses, such as sewage lift stations, pump stations, electrical substations, -water wells, fire stations, maintenance or operations centers, and community centers, upon a finding that they will not create excessive noise, i odor, smoke, dust, or other adverse impacts which might prove detri- mental to surrounding developed property and uses. 4.3.3.8 Backyard workshops, for craftsmen and skilled technicians or repairmen, upon findings that the business will not adversely affect ---=�=enjoyuient'and use. -of -nearby properties by creating excessive traffic, noise, or otber noxious impacts and upon the condition that there be' no outside storage of materials. i -4.3.3.9 Hospitals, homes for the elderly, convalescent homes, orphanages, and institutions for the care or treatment of the physically or mentally handicapped, upon findings that a low density setting is necessary to the purpose or operation of the facility and that adequate thoroughfare access exists to prevent undue traffic congestion. Permission for j these uses shall be conditional upon submission of site plans to the Planning Board for comment. Lot sizes shall be no less than two acres and structures shall observe yard space requirements at least 25 feet greater in -all• directions -than -required for single family residence within the district. 4.3.3.10 Temporary convalescent housing, specially designed mobile or modular housing units as temporary uses on lots in this district to provide appropriate housing for a quadraplegic, paraplegic, or otherwise -"' severely injuried person undergoing rehabilitation, upon findings that the person who will inhabit the unit is related by blood or marriage to the owner or resident of the lot, that there is medical evidence that residence in the special unit is necessary for the patient's well-being and rebabilitiation, and that there are suitable provisions for water, sewage, and electricity. Such uses may be permitted -- '- for a period -of six months, except that this may be extended for no more than an additional six months upon finding of medical necessity; no more than one such unit may be placed on a lot, and all normal setback requirements must be observed -for this district. 4.3.3.11 Assembly buildings and lodges of civic clubs, fraternal organizations, professional associations, service organizations, and private member- ship clubs, upon findings that the use will not detrimentally affect the use and enjoyment of nearby properties and that a low density setting significantly enhances the purpose of the facility. Examples - - - of such uses are: Ruritan Clubs, scout buts, wildlife clubs, country clubs, veteran's clubs. 4.3.3.12 Group homes, "halfway houses", and residential education or treat- ment facilities for the mentally or physically handicapped, for orphans or troubled children, for pre-release inmates, or for alcoholism or drug abuse clients, upon findings that adequate super- vision will be provided and that the residents do not represent a threat to public safety. Such uses may. not be located within 1000 feet of a similar use and may have not more than one resident per 200 feet of living area nor more than 10 residents in any case. 4.3.3.13 Public and private cemeteries, upon approval of site plans and a finding by City Council that thoroughfare access and off-street parking are adequate to prevent traffic congestion. 4.3.4 .Area and Bulk Regulations. The following regulations limiting the bulk and arrangements of buildings and lots are required of all permitted and special uses in this district. - 4.3.4.1 Minimum Lot Size . 209000 square feet, or 15,000 square feet.if.' using a public water system. 4.3.4.2 Minimum Lot Width - 100 feet, or 90 feet if 15,000 square feet minimum lot sizes applies. 4.3.4.3 Minimum -Yard Spaces - front yard,-35 feet; side yards, 12 feet each; rear yard, 25 feet. See General Provisions re residential accessory buildings. 4.3.4.4 Minimum Street Frontage - 20 feet. 4.3.4.5 Maximum Building Height - 35 feet. 4.3.4.6 Maximum Lot Coverage - maximum permissible lot coverage by the principal building and all.accessory structures is 30 percent. 4.3.4.7 Fences, Walls, Hedges - Fences, walls, hedges in yards or along the edge of any yard are permitted up to the following maximum .heights: open and solid, 4 feet in front and corner side yards; solid 8 feet in side and rear yards; open, any structurally sound height in side and rear yards. All swimming pools shall be enclosed by a fence of at least 4 feet in height to prevent unsupervised - access by children and animals. 4.3.4.8 Signs - See Sign Regulations 4.4 R-12 Residential District 4.4.1 Purpose. This district is designed to create and maintain'a medium -low density residential neighborhood composed primarily of single-family dwellings and some public and community uses which will not detract from the character -of the district as a healthful, quiet, and aesthetically pleasing residential area. This district is designed for areas with access to public water and sewer. 4.4.2 4.4.2.1 4.4.2.2 4.4.2.3 Permitted Uses. The following uses are permitted by right in this district: Single-family dwellings Churches ..:. Home occupations specifically listed in the definition thereof., Residential accessory uses and structures, including private garages sand carports, swimming pools, fallout shelters, playhouses, well pump house, storage sheds, and residential greenhouses. 4.4.3 Special Exceptions. The following uses are permitted as special exceptions upon findings by the City Council as required below and in the section of this ordinance entitled Special Exceptions and subject to any conditions specified below or set by the City Council in order to reasonably maintain the character of the district. 4.4.3.1 Home occupations not specifically listed in the definition thereof, upon findings that (1) the occupation is an extension of traditional home- making activities or a profession which is normally only headquartered in the home and vbieb does not customarily have regular office hours for the public, and (2) the application is not an apparent attempt to avoid properly locating the business in other zoning districts created to allow the occupation.- Permission for this use sball be -conditional upon full compliance with the requirements for home occupation status listed in the definition of same. 4.4.3.2 Kindergartens and child day care centers, upon a finding that the activities at the location will not have an adverse effect upon the enjoyment of adjoining properties and upon the conditions that at least 100 square feet of play area is provided for each child and play area is enclosed by a sturdy fence at least 5 feet high. _ 4.4.3.3 Schools, public and private, upon a finding that adequate thoroughfare access exists to prevent undue traffic congestion and upon the condition that site plans, including plans for buffering adjacent properties, be submitted to the Planning Board for comment. 4.4.3.4 Governmental -and public -utilities buildings and uses, such as sewage lift stations, pump stations, electrical substations, water wells, fire stations, maintenance or operations centers, and community centers, upon a finding that they will not crbate excessive noise, odor, smoke, dust, or other adverse impacts which might prove detrimental to surrounding developed property and uses. 4.4.3.5 Rest and convalescent homes, upon submission of site plans to the Planning Board for comment and a finding by the City Council•that no traffic congestion is likely to result and that off-street parking requirements have been met. 4.4.3.6 Temporary convalescent housing, specially designed mobile or modular housing units as temporary uses on lots in this district to provide appropriate housing for a quadraplegic, paraplegic, or otherwise severely injuried person undergoing rehabilitation, upon findings that the person who will inhabit the unit is related by -blood or marriage to the owner or resident of the -lot, that there is medical evidence that residence in the special unit is necessary for.the.patient's well- being and rehabilitation, and that there are suitable provisions for water, sewage, and electricity. Such uses may be permitted for a period of six months, except that this may be extended for no more than an additional six months upon finding of medical. necessity; no more than one such unit may be placed on a lot, and all normal setback requirements must be observed for this district. 4'.4.3.7. Group'homes, "halfway houses", and residential education or treat- ment facilities for the menially or physically handicapped, for ( orphans or troubled children, for pre-release inmates, or for alcoholism or drug abuse clients, upon findings that adequate super- vision will be provided and that the residents do not represent a- threat to public safety. Such uses may not be located within 1000 i feet of a similar use'and may have not more than one resident per 200 feet of living area nor more than 6 residents in any case. 4;$.3.8 Public and private cemeteries, upon approval of site plans -and a finding - by the City.Council that. thoroughfare access and off-street parking are adequate to prevent traffic congestion. 4--4•-3.9 Public and private parks,_playgrounds, community centers and outdoor . recreation uses,' upon 'a finding that noise, illumination, and/or traffic.."-' ' are not -likely to result to an extent which would materially affect quiet. enjoyment of residential properties. 4.4.4' .Area and Bulk Regulations. The following regulations limiting the: bulk and arrangements of buildings and lots are required of all _ •permitted and special uses in this district. = ` _ 'Minimum Lot Size - 12,000 square feet. - '� .• } 4.4.4.2 Minimum Lot Width - 80 feet. 4.4.4.3 Minimum Yard Spaces - front and 0 feet- side' ards 10 feet each; P y 3 , Y , , rear yard 25 feet. 4.4.4.4 Minimum Street Frontage - 20 feet. '•.- ' 4.4-4.5 Maximum Building Height —'35 fleet. 4.4.4.6 Maximum Lot Coverage - by all structures, 30 percent. 4.4.4.7 Fences, Walls, Hedges - Fences, walls, hedges in yards or along the edge of any yard are permitted up to the following maximum �. heights: open and solid, 4 feet in front and corner side yards; � solid 8 feet in side and rear yards; open, any structurally sound height in -side and rear yards. All swimming pools shall be enclosed 'NI - by a fence of at least 4 feet -in height to prevent unsupervised access by children and animals. 4.4.4.8 Signs - See Sign Regulations 4.5 R-10 Residential District 4.5.-1 Purpose. This district is designed to create and maintain a medium -density residential neighborhood composed primarily of single-family dwellings and some public and community uses which will not detract from the character of the district as a healthful, quiet, and aesthetically pleasing residential area. This district is designed for areas with access to public water and sewer. - 4.5.2 Permitted Uses. The following uses are permitted by right in this district: 4.5.2.1 Single-family dwellings 4.5.2.2 Churches 4.5.2.3 Home occupations specifically listed in the definition thereof. 4.5.2.4 Residential accessory uses and structures, including private garages and carports, swimming pools,`fallout shelters,.playbouses,.vell pump house, storage sheds, and residential greenhouses. 4.5.3 Special Exceptions. The following uses are permitted as special exceptions upon findings by the City Council as required below and in the section of this ordinance entitled Special Exceptions and subject to any conditions. specified below or set,bythe City Council in order to reasonably maintain the character of the district: 4.5.3.1 Home occupations not specifically listed in the definition ti,ereof, upon findings that (1) the occupation is an extension of traditional homemaking activities or a profession which is normally only headquartered in the home and which does not customarily have regular office hours for the public, and (2) the application is not an apparent attempt to avoid properly locating the business in other zoning districts created to allow the occupation. Permission for this use shall be conditional upon full compliance with the requirements for home occupation status listed in the definition of same. 4.5.3.2 Kindergartens and child day- care centers, upon a finding that the activities at the location will not have an adverse effect upon the enjoyment of adjoining properties and upon the conditions that at least 100 square feet of play area is provided for each child and play area is enclosed by a sturdy fence at least 5 feet high. 4.5.3.3 Schools, public and private, upon a finding that adequate thoroughfare access exists to prevent undue traffic congestion and upon the condition that site plans, including plans -for buffering adjacent properties, be submitted to the Planning Board for comment. 4.5.3.4 Governmental and public utilities buildings and uses, such as sewage lift stations, pump stations, electrical substations, water wells, -fire stations, maintenance or operations centers, and community centers, upon a finding that iliey will not create excessive noise, odor, smoke, dust, or other adverse impacts which might prove detrimental to surrounding developed property and use 4.5.3.5 Rest and convalescent homes, upon submission of site plans to the Planning Board for comment and a finding by the City Council that no traffic congestion is likely to result and that off-street parking requirements have been met. 4.5.3.6 Temporary convalescent housing, specially designed mobile or modular housing units as temporary uses on lots in this district to provide appropriate housing for a quadraplegic, paraplegic, or otherwise severely injuried person undergoing rehabilitation, upon findings that the person who will inhabit the unit. is related by blood or marriage to the o-vmer or resident of the lot, that there is medical evidence that residence in the special unit is necessary for the patient's well-being and rehabilitation, and that there are suitable provisions for water, sewage, and electricity. Such uses may be permitted for a,period of six months, except that this may be extended for no more than an additional six months upon finding of,medical necessity; no more than one such unit may be placed on a lot, and all normal setback requirements must be observed for this district. 4.5.3.7 Group homes,."halfway houses", and residential education or treatment facilities for the mentally or physically handicapped,`for orphans or troubled children, for pre-release inmates, or for alcoholism or drug abuse clients, upon findings that adequate supervision will be provided and that the residents do not represent a threat to public safety. Such uses may not be located within 1000 feet of a similar use and may have not more than one resident per 200 feet of living area nor more than 6 residents in any case. 4.5.3.8 Public and private cemeteries,...upon approval of site plans and a finding by the City Council that thoroughfare access and off-street parking are adequate to prevent traffic congestion. 4.5.3.9 Public and private parks, playgrounds, community centers, and outdoor recreatio uses, upon a finding that noise, illumination, and/or traffic -'are not likely to result -to 'an extent which would materially affect quiet enjoyment of residentia properties. 4.5.4 Area and Bulk Reg-ulations. The following regulations limiting the bulk and arrangements of buildings and lots are required of all permitted and special uses in this district: 4.5.4.1 Minimum Lot Size - 10,000 square feet. 4.5.4.2 Minimum Lot Width - 75 feet: 4.5.4.3 Minimum Yard Spaces'- front yard, 30 feet; side yards, 9 feet each; rear yard, 25 feet. 4 4.5.4.4 Minimum Street Frontage - 20 feet 4.5.4.5 :Maximum Building Height 35 feet. 4.5.4.6 Tfaximum Lot Coverage - by all structures, 35 percent. 4.5.4.7 Fences, Walls, fledges - Fences, walls, hedges in yards or along the edge of any yard are permitted up to the following maximum heights: open and solid, 4 feet in front and corner side yards; solid, 8 feet in side and rear yards; open, any structurally sound height in side and rear yards. All swimming pools shall be enclosed by a fence of at least 4 feet in height to prevent unsupervised access by children and animals. 4.5.4.8 Signs - See Sign Regulations. 10 R-8 Residential District 4.6.1 Purpose. This district is designed as a medium -to -high density neighboi7booa consisting primarily of,single-family dwellings, some two-family, homes..and-limited public and community uses. This district is created primarily as an urban residential area for moderate cost housing in a quiet, healthful environment. 4.6.2 Permitted Uses. The following uses are permitted by right in this district. - 4.6.2.1 Single-family dwellings 4.6.2.2 Churches 4.6.2.3 Home occupations specifically listed in the definition thereof. 4.6.2.4 Residential accessory uses and structures, including private garages -and carports,. swimming pools,. fallout shelters,: playhouses, well pump house, storage sheds, and residential greenhouses. 4.6.3 Special Exceptions. The following uses are permitted as special exceptions upon findings by the City Council as required below and in the section of this ordinance entitled Special Exceptions and subject to any conditions specified below or set by the City Council in order -to reasonably maintain the character of the district: 4.6.3.1 Two-family dwellings/(duplexes), upon condition that the minimum lot size is 11,000 square feet. 4.6.3.2 Home occupations not specifically listed in the definition tbere, upon findings that (1) the occupation is an extension of -traditional bome©aking activities or a profession which is normally only headquartered in the home and which does not customarily have regular office hours for the public, and (2) the application is not an apparent attempt to avoid properly locating the business in other zoning districts created to allow the occupation. Permission for ibis use shall be conditional upon full compliance with the requirements for home occupation status listed in the definition of•same. 4.6.3.•3- - kindergartens and child day care centers, upon a finding that the activities at the location vill not have an adverse effect upon the enjoyment of adjoining properties and -upon the conditions that at least 100•square feet of play area is provided for each child and the play area is enclosed by a sturdy fence at least 5 feet high._ 4.6.3.4 Schools, public and private, upon a finding that adequate thoroughfare access exists to prevent undue traffic congestion and upon the condition that site plans, including plans for buffering adjacent properties, be submitted to the*Planning Board for comment. 4.6.3.5 Governmental and public utilities buildings and uses, such as sewage ' lift stations, pump stations, electrical substations, water wells, fire stations, maintenance or operations centers, and community centers, upon a.findi~ng that they will not create excessive noise, odor, smoke, dust, or other adverse impacts which might prove detrimental to surrounding developed property and uses. 4.6.3.6 Rest and convalescent homes, upon submission of site plans to the Planning Board for comment and a finding by the City Council that no traffic congestion is likely to result and that off-street parking requirements have been met.- 4.6.3.7 Temporary convalescent housing, specially designed mobile or modular housi,,g units as temporary uses on lots in this district to provide appropriate housing for a quadraplegic, paraplegic, or otherwise severely injuried person undergoing rehabilitation, upon findings that the person who will inhabit the unit is related by blood or marriage to the owner or resident of the lot, that there -is medical evidence that residence in the special unit is necessary for tue patient's well-being and rehabilitation, and that there are suitable provisions for water, sewage, and electricity. Such uses may be permitted for a period of six months, except that this may be extended for no more than an additional six months upon finding of medical necessity; no more than one such unit may be placed on a lot, and all normal setback requirements must be observed for this district.- 4.6.3.8 Group homes, -"halfway hpuses", and residential education or treat- ment facilities for the mentally or physically handicapped, for orphans or troubled children, for pre-release inmates, or for alcoholism or drug abuse clients, upon findings that adequate -super- vision will be provided and that the residents do not represent a - threat to public safety. Such uses may not be located within 1000 feet of a similar use and may have not more than one resident per 200 feet of living area nor more than 6 residents in any case. 4.6.3.9 Public and private cemeteries, upon approval of site plans and a finding that thoroughfare access and off-street parking are adequate to prevent traffic congestion. - 4.6.3.10 Public and -private parks, playgrounds, community centers and outdoor recreation. uses, upon a finding that noise, illumination, and/or traffic are not likely to result'to an extent which would materially affect quiet enjoyment of residential properties. 4.6.4 Area and Bulk Regulations. The following regulations limiting the bulk and arrangements of buildings and lots are required of all permitted and special uses in the district. Minimum -Lot Size'- 8,000 square f eet (•11,000 square feet for duplexes). 4.6.4.2. Minimum Lot Width _ 70 feet (80 feet for duplexes). 4.6.4.3 Minimum YardbSpaces - front yard, 25 feet, side yards 8 feet each', or zero lot line provision may be used see General Provisions); rear yard, 20 feet. 4.6.4.4 Minifuum Street Frontage - 20 feet. 4.6.4.5 Maximum Building Height - 35 feet. 4.6.4.6 Maximum Lot Coverage - by all structures, 40 percent. 4.6.4.7 Fences, Walls, Hedges - Fences, walls, hedges in yards or along the edge of any yard are permitted up to the following maximum heights: open and solid, 4 feet in front and corner side yards; solid 8 feet in side and rear yards; open, any structurally sound height in side and'rear yards. All swimming pools sball be enclosed - by a fence of at least-4 feet -in height to prevent unsupervised access by children and animals. Signs - See Sign Regulations 4.7 R-5 Residential District:. 4.7.1 Intent. This district is designed for high -density residential purposes, including small -lot single family dwellings, multi -family dwellings, mobile homes and certain group residences. This district is primarily used in very developed urban areas and may contain a high proportion - of rental housing. Because this -district will often contain essential lower cost housing, it is important that residential uses in.this district be as carefully protected as lower density districts. 4.7.2 Permitted Uses. The following uses are permitted by right in this_,_ district: 4.7.2.1 Single-family dwellings 0 4.7.2.2 _ T,o-family dwellings. 4.7.2.3 Multi -family dwellings. 4.7.2.4 Mobile Homes ' 4.7.2.5 :Churches and customary related uses 4.7.2.6 Rooming and boarding houses 4.7.2;7 Fire stations and libraries 4.7.2.8 - Home occupations 4.7.2.9 Customary accessory uses 4.7.3 Special Exceptions. The following uses are permitted as special exceptions upon findings by the City Council as required below and in the section of this ordinance entitled Special Exceptions and subject • to any conditions specified below or set by the City Council in order to reasonably maintain the character of the district: 4.7:3.1 Kindergartens and child day care centers, upon a finding that the activities at the location will not have an adverse effect upon the enjoyment of adjoining properties and upon the conditions that at least 100 square feet of play area is provided for each child and the play area is enclosed by a sturdy fence at least 5 feet high. 4.7.3.2 Schools, public and private, upon a finding that adequate thoroughfare access exists to prevent undue traffic congestion and upon the condition that site plans, including plans for buffering adjacent properties, be submitted to the Planning Board for comment. 4.7.3.3 Governmental and public utilities: buildings and uses, such as sewage lift stations, pump stations, electrical substations, water wells, fire stations, maintenance or -operations centers, and community centers, upon a finding that they will not create excessive noise, odor, smoke, dust, or other adverse impacts which might prove detrimental to surrounding developed property and uses. 4.7.3.4" Public and private cemeteries, upon approval of site plans and a finding that thoroughfare access and off-street parking are adequate to prevent traffic congestion. 4.7;3.5 Temporary convalescent housing, specially designed mobile or modular housing units as temporary uses on lots in ibis district to provide appropriate housing for a quadraplegic, paraplegic, or ot_berwise- - — sevefely'i•njuried person: undergoing rehabilitation, upon findings that the person who will inhabit the unit.is related by blood or marriage to the owner or resident of the lot, that there is medical evidence that residence in the special unit is necessary for the patient's well-being and rehabilitation, and that there are suitable . provisions for water, sewage, and electricity. Such uses may be permitted for a period of six months, except that this may be extended for no more than an additional six months upon finding of medical necessity; no more than one such unit may be placed on a lot, and all normal setback requirements must be observed for this district. 4.7.3.6 Rest and convalescent homes, upon submission of site plans to the Planning Board.for comment and a finding by the City Council that no traffic congestion is likely'to result and that off-street parking requirements have been met. - 4.7.3.7- - Public and private parks, playgrounds, conmmnity centers and outdoor -recreation uses, upon a'finding that noise, illumination, and/or traffic are not likely to result to an extent which would materially affect quiet enjoyment of residential properties. 4.7.3.8 Schools of art, dance, drama, and music, upon a finding that noise and other factors will not adversely affect enjoyment of residential properties and that adequate off-street parking and passenger loading space has been provided to prevent congestion of the streets. 4.7.3.9 Mobile home parks and -subdivisions, -upon findings that (1) their placement and use will not have a substantial adverse effect upon the value or enjoyment of adjoining residential areas, and (2) this form of'housing appears necessary to adequately meet the demand for'sound housing in 'the community. Permission for this use shall be conditional upon continuing compliance with this ordinance or other city.cude provisions relating thereto. 4.7.3.10 - Group homes, "halfway houses", and residential education or treat- ment facilities for the mentally or physically handicapped, for orphans or troubled children, for pre-release inmates, or for alcoholism or drug abuse"clients, upon findings that adequate super- vision will be provided and that the residents do not represent a threat to public safety. Such uses may not be located within 1000 feet of a similar use and may have not more than one resident per 200 feet of living area nor'more than 1.2 residents in any. case. 4.7.4 Area and Bulk Regulations. The .following. regulations limiting the. bulk and arrangements of buildings and lots are required of all permitted and special uses in this district. 4.7.4.1 = Minimum Lot Sizes - Single-family dwell-ings and other lots, 5,000 square feet; two-family dwellings, 7,500 square feet; multi -family dwellings, 7,500.square feet plus 1,500 square feet for. each -unit in excess of two. 4.7.4.2 Minimum Lot Width - 60 feet (70 for duplexes and multi -family). Minimum Yard Spaces - front yard, 25 feet; rear yard, 20 feet. 4.7.4.4 Minimum Street Frontage 20 feet. 4.7.4.5 Maximum Building Height - 35 feet. side yards, 8 f2et; . Maximum Lot -Coverage - by all 'structures., 50 percent._ 4.7.4.7 _ Fencesp Walls, hedges - Fences, k alls, Ledges in yards or along the edge of any yard are permitted up to the following maximum heights; Open and solid, 4 feet in front and corner side yards; solid 8 feet in side and rear yards; open, any structurally sound height in side and rear yards. All swimming pools shall be enclosed by a fence of at least 4 feet in height to prevent unsupervised_ access by children and animals. 4.7.4:8 Signs - See Sign Regulations. r - 1. 4.8 A & T Apartment and Townhouse Zone 4.8.1 Intent. This district is established to provide an area for high density residential development and to insure that such uses are protected from any undesirable commercial and industrial activity. 4.8.2 Permitted Uses. The following uses are permitted by right in this district: 4.8.2.1 4.8.2.2 4.8.3 4.8.3.1 Multi -family dwellings - Duplexes - Rpartments — Townhouses — Condominiums Churches 0 Special Exceptions. The following uses are permitted as special exceptions upon findings by the City Council as required below and in the section -of this ordinance entitled Special Exceptions and subject -to any conditions specified below or set by the City. Council in order to.reasonably maintain the character of the district: Single family dwellings upon a finding by'City Council that the single family dwellings will not occupy space.needed for multi- family developments. 4.8.3.2 Kindergartens and child day care centers, upon a finding that the activities at the location will not have an adverse effect upon the enjoyment of adjoining properties and upon the conditions that at least 100 square feet of play area is provided for each child and the play area is enclosed by a sturdy fence at least 5 feet high. 4.8.3.3 Governmental and public utilities buildings and uses, such as sewage lift stations, pump stations, electrical substations, water wells, fire stations, maintenance or operations centers, and community cente upon a finding that they will not create excessive noise, odor, smoke dust, or other adverse impacts which might prove detrimental to surrounding developed property and 'uses. 4.8.4 Area and Bulk Regulations. The following regulations limiting the bulk and arrangements of buildings and lots are required of all permi and special uses in this district: 4.8.4.1 Minimum Lot Size - Apartments, none; Condominiums, none; Townhouses, 1,600 square feet. 4.8.4.2. Minimum Lot Width - Apartments and Condominiums, 70 feet; Townhouses, 20 feet. 4.8.4.3 Minimum Yard Spaces - Front yards, 25=feet; side yards, none - except 10 feet between buildings and a lot line of an area zoned other than A&T. 4,g.4,4 Minimum Street Fronfage - 20 feet. • 4.8.4.5 Maximum Building 11cight - 56 feet. 4.8.4.6 Maximum Lot Coverage for all buildings - 45F. Maximum Number of Units Per Building - Apartments. and Condominiumsp no requirements; Townhouses,6. 4.8.4.8 - Fences, Walls, Hedges - Fences, wallsy hedges in yards or along the edge of any yard are permitted up -to the following maximum heights: open and solid, 4 feet in front and corner side yards; solid,8 feet - in side and rear yards; open., any structurally soud'height•in side and=rear. yards. All - swimming pools shall be enclosed by a --fence of = at least 4 feet in height to prevent unsupervised access by children and animals. _- 4.8.4.9 Signs -*See Sign Regulations Site Plan - Site Plans as detailed in this ordinance for any complex •'in excess of 3 dwelling units must be submitted to the Planning Board for comment and approved by the City Council. 4.8.6 _'- Restrictive and Protective'Covenants. Before any area may be developed under this sections restrictive and protective covenants applying to each lot'--in--a-`townhouse development and each unit'in a condominium complex must be. executed and",submitted to the City of .Jacksonville Public Works Director for review. These covenants-' must contain provisions for continuous maintenance of.parking areas and open space either through proposed dedication to the City of Jacksonvillet if acceptable, or through the establishment of a private homeo-%mer's - association. M 4.9 0 & I Office and Institutional District 4.9.1 4.9.2 4.9.2.1 4.9.2.2 4.9.2.3 .. 4.9.2.4 4.9.2.5 4.9.2.6 4.9.2.7 ! Intent. This district is established to create and maintain an area for use by professional and service occupations. Such uses should most often be located in transitional areas between res- idential.areas and commercial areas. Permitted Uses. The following uses are permitted by right in this district: .Animal Hospital (No outdoor animal storage is permitted) tGtally encldsed Banks Boarding house Cemeteries Churches , Clinics medical or dental Colleges ` 4.9.2.8 _ Convalescept houses puc V\ (Sc jn. ,�y nNdd4- 4.9.2.9 j� lluieral homes 4.9.2.10 i Hospitals l 4.9.2.11 Institutions, public or semi-public but not including jails, reformatories, or other correctional institutions). 4.9. 2.12 medical or dental � • Laboratory operations i 4.9.2.13 449.2.14 4.9.2.15 4.9.2*.16 4.9.2.17 4.9.2.18 Libraries Offices - civic, charitable, political, fraternal, social, religious, governmental, medical, dental, engineering, real estate, insurance and similar offices not involving retail trade nor the maintenance of a stock.of goods, merchandise or other items for sale. Optical shop - provided that the shop is operated by a licensed optician and is supplemental to his practice. Pharmacies provided sales are limited to drugs, prescriptions medicine, medicinal supplies, and pharmaceutical products. Schools, public or private Studios art, dance, music, photography, radio and television) provided that goods, merchandise, or other items are noti maintained for sale. 4.9.3 Special Exceptions. The following uses are permitted as special exceptions upon Jindings by the City Council as required below and in the section of this ordinance entitled Special Exceptions and subject to any conditions specified below or set by the City Council in order to reasonably maintain the character of the district. 11.9.3.1 Kindergartens and child day care ceinters,`upon a finding that the activities at the location will not .have an adverse effect upon the enjoyment of adjoining propertiep and upon the conditions that at least 100 square feet of play area is provided for each child and the play area is enclosed by a sturdy fence: at least 5 feet high. 4.9.3.2 Governmental and public utilities buildings and uses, such as sewage lift stations, pump stations, electrical substations, water wells, fire stations, maintenance or operations centers, and community centers, upon a finding that they will not create excessive noise, odor, smoke, dust, or other adverse impacts which might prove detrimental to' _ surrounding developed property and uses. 4.9.3.3 Fire, rescue and ambulance emergency services, upon a finding that I the activities will not have an adverse effect on adjoining properties. 4.9.4 Area and Bulk Regulations. The following regulations limiting the bulk and arrangements of buildings and lots are required of all O permitted and special uses in this 7 district: 4.9.4.1 Minimum Lot Size - Office and Institutional use, none; 5,000 square feet for single-family dwellings and other lots; 7,500 square feet for two-family dwellings. 4.9.4.2 Minimum Lot Width - 60 feet (70 for duplexes) 4.9.4.3 Minimum Yard Spaces - Office and institutional use, front yard, none;. side yards, 8 feet between buildings; rear yard, 20 feet. Dwellings and other lots, front yard, 25 feet; side yards, 8 feet; rear yard, 20 feet. 4.9.4.4 Minimum Street Frontage -20 feet. 4.9.4.5 Maximum Buildi..g Height - 35 feet. 4.9.4.6 Maximum Lot Coverage - by'all structures, 50 percent. ' 4.9.4.7" Fences, Walls, Hedges = Fences, walls, hedges in yards or along the edge of any yard are permitted up to the following maximum heights: open and solid, 4 feet in front and corner side yards; solid 8 feet in side and rear yards; open, any structurally so -and height in side and rear yards. All swimming pools shall be enclosed by a fence of at least 4 feet in height to'prevent unsupervised access by children and animals. ' 4.9.4.8 Signs - See Sign Regulations -. 4.9.5 Indoor Operation. All uses permitted by right or special exception shall take place entirely within the building, except for necessary parking and loading areas, plant displays, kindergarten and day care playgrounds, service station movement and parking areas, and govern- ment :,nd public utilities uses. j 4.9.6 Site Plans. Site plans (as detailed in Secixon 8.0) for office complexes . in excess of 1 acre must be submitted to the Planning Hoard for comment and approved by the City Council.• -- i NTB Neighborhood Business District Intent. This district is designed -to provide basic goods and personal services for a residential neighborhood. The purpose of the district allows convenient, compatible, low -intensity commercial services for residents of immediately adjoining areas without adversely affecting enjoyment of residential districts. Neighborhood Business areas should ordinarily be relatively small in areas, c.,nsist of a cluster of several uses, be carefully located to avoid conflict with nearby residential - areas, be limited to one quadrant of a street intersection, and not be promoted in mid -block areas. Permitted Uses. The following uses are permitted by right in this district: 4.10.2.1 # Banks 4.10.2.2 -Bakeries 4.10.2.3 Barber and beauty shops 4.10.2.4 Churches 4.10.2.5 Coin laundries 4.10.2.6 Craft and novelty shops 4.10.2.7 Dairy bars 4.10.2.8 Dwellings, separately or in combination with other permitted uses 4.10:2.9 Florists 4.10.2.10 Grocery stores of less than 1,500 square feet 4.10.2.11 Hardware and -garden supply stores of less than 2,000 square feet 4.10.2.12 Libraries 4.10.2.13 Offices, business, financial, governmental, professional) 4.10.2.14 Photographic studios 4.10.2.15 Physical fitness -and health services businesses 4.10.2.16 Repair and service of household equipment (indoor) 4.10.2.17 Restaurants(except drive-ihs) 4.10.2.18 Schools of art, dance,"and music 4.10.2.19 Shoe repair 4.10.2.20 Tailors and seamstresses 4.10.2.21 Theatres (indoor) 4.10.2.22 Accessory uses located within a building 4.10.3 Special Exceptions. The following uses are permitted as special exceptions upon findings by the City Council as required below and in the section of this ordinance entitled Special Exceptions and subject to any conditions specified below or set by the City Council in order to reasonably maintain the character of the district: 4.10.3.1 Kindergartens and child day care centers, upon a finding that the activities• at the location will not have an adverse effect upon the "enjoyment of adjoining properties and upon the conditions that at least 100 square feet of play area is provided for each child and the play area is enclosed by a sturdy fence at least 5 feet high. 4.10.3.2 I Automobile service station, upon a finding that there is no other station within 1,500 feet and upon the condition that the station not operate before 7:00 A.M. or after 7:00 P.M- 4.10.3.3 - Dry cleaning pick-up stores, upon a finding that there is no other similar store witbin 19000 feet. 4-10.3.4 ' Government and public utilities buildings and uses, such as sewage lift stations, pump stations, electrical substations, water wells, fire stations, maintenance or operations centers, and community centers, upon a finding that they ..ill not create excessive noise, f odor, smoke, dust, or other adverse impacts which might prove detri- mental to surrounding developed property and uses. 4.10.4 Area and Bulk Regulations. The following regulations limiting the bulk and arrangements of buildings -and lots are required of all permitted and special uses in this district. 4.10.4.1 Minimum Lot Size - Neighborhood business use - none; 5,000 square feet for single family dwellings; 7,500 square feet for two family dwellings. 4.10.4.2 Minimum Lot Width - Neighborhood busi-,ess use - none; 60 feet for single family dwellings; 70 feet for two family dwellings. 4.10.4.3 Minimum Ward Spaces - Neighborhood business no front yard requirements; side yards, 15 feet abutting a residential district and 5 feet in other cases; rear yards, 15 feet. Dwellings, front yard, 25 feet; side yard 8 feet each; rear yard, 20 feet. 4.10.4.4 11aximum Building Size - no one use may contain more than 3,000 square feet of gross floor area. 4.10.4.5 *Iaxiwum Building Height - 35 feet. 4.10.4.6 Fences, halls, Kedges - Fences, walls, bedges in -yards or along the edge of any yard are permitted up to the following maximum heights: open and solid, 4 feet in front and corner side yards; solid 8 feet in side and rear yards; open, any structurally sound height in side d re«r Yards. All swimming pools shall be enclosed by a fence of at least 1i feet in height to prevent unsupervised access by children and animals. ' 4.10.4.7 Sibns - see Sion Regulations 4.10.5 Indoor Pieration. All uses permitted by right or special exception s}:r,ll "tnli6 place entirely witbin the building, except for necessary parking and loading areas, plant displays, kindergarten and day care playgrounds, service station movement and parking areas, and govern- ment and public utilities uses. - 4.10.6 Buffer 5tri s. A densely planted buffer strip�at.least 8 feet in "'heigbt'0%11"be planted ana'maintained asrtng the rear and side yards Iof any residential district, but shall not extend beyond the front building line of adjacent residential lot." - - 4.11 GB General 'Business District 4.11.1 Intent. --This district provides an -area for conduct of a wide range of commercial activities, most of which are normally enclosed within a -building, but some of which may involve outdoor sales or storage. The General Business District shall normally be used for shopping centers and areas where commercial activities are concentrated. 4.11.2 Permitted ZjBes: The folloi.=ing uses are y�rmitted by right'in this district; 4.11.2.1 Alcobolic beverage ABC) stores 4.11.2.2 Amusement arcades and gam erooms 4.11.2:3 ' Antique shops = 4.11.2.4 Appliance sales and repairs 4.11.2.5 Art and school supply stores 4.11.2.6 + Art galleries and studios 4.11.2.7 Assembly halls, coliseums, gymnasiums, and similar facilities 4.11.2.8 Auction sales (not livestock) 4.11.2.9 Auto parts acid accessories sales 4.11.2.10 Automobile service stations - 4.11.2.11 Automobile repair and paint shops 4.11.2.12 Automobile-wasbinq facilities 4.11.2.13 - Bakeries 4.11.2.14 Banks and other finanoial institutions 4.11.2.15 Barber and beauty sbop s 4.11.2.16 Bicycle sales and repairs 4.11.2.17 Hook and s{lstionery stores 4.11.2.18 Bowling alleys 4.11.2.19 Cabinetmaking, woodworking, and upholstery shops 4.11.2.20 Camera and photography supplies stores "4,11.2.21 Candy and ice cream shops 4.11.2.22 Carpet, rug, and linoleum stores 4.11.2.23 Catalog sales stores • 4.11.2.24 lo Churches 4.11.2.25 Craft and novelty shops , 4.11.2.26 Delicatessens 4.11.2.27 Department stores 4.11.2.28 Dry cleaning stores and plants 4.11.2.29 Fire and police stations 4.11.2.30 Fish and meat markets 4.11.2.31 Florists 4.11.2.32 Funeral homes 4.11.2.33 Furniture stores 4.11.2.34 Garden supplies stores 4.11.2.35 Gift shops 4.11.2.36 Grocery stores 4.11.2.37 Gunsmiths 4.11.2.38 Hardware stores 4.11.2.39 Hobby shops 4.11.2.40 hotels 4.11.2.41 Jewelry stores c 4.11.2.42 Libraries 4.11.2.43 Locksmiths 4.11.2.44 Lodges and offices of fraternal, civic, professional, service organizations 4.11.2.45 Marinas 4.11.2.46 Medical and dental offices 4.11.2.47 Motels 4.11.2.48 Music and arusical instrumental shops 4.11.2.49 Newspaper publishing 4.11.2.50 Newsstands 4.11.2.51 Nightclubs 4.11.2.52 _� Offices - business, financial, governmental, professional 4.11.2.53 Office equipment and supplies sales 4.11.2.54 Opticians and optometrists _ 4.11.2.55 Paint and -wallpaper stores -- 4.11.2.56 Parking -lots � and garages - - __ : -_ _- - _ 4.11.2.57 1f Pawn sbops 4.11.2.58 Pet shops (indoor only) - - - - 4.11.2.59 Pharmacies 4.11.2.60 I Photographic studios I _ , 4.11.2.61 Pbysical fitness and health services establishments 4.11.2.62 Picture framing sbops 4.11.2.63 Printers = 4.11.2.64 Private clubs i 4.11.2.65 Radio and television broadcasting 4.11.2.66 Restaurants- 4.11.2.67 Retail and service businesses similar to other permitted uses and enclosed. in a building 4.11.2.68 Second hand stores and swap shops 4.11.2.69 Schools of art, dance, and inueic ' 4.11.2.70 Seed and feed stores 4.11.2.71 Sewing nmicbine shops 4.11.2.72 Shoe sales and repair shops ' 4.11.2.73 i ST:aiing rinks f - 4.11.2.74 Sporting goodo stores 4.11.2.75 Tailors nnd:eeri astreesea 4.11.2.76 Taxi stands - 4.11.2.77 Theatres �(indooO_ -� 4.11.2.78 Ticket_ agencies and travel bureaus 4.11.2.79 Tire recapping and retreading •, - 4.11.2.80 Tobacco shops 4.11.2.81 Toy stores 4.11.2.82 ,Trade schools 4.11.2.83 t Transit terminals'for passenger and light freight - - 4.11.2.84 Trans ortation terminals for p passenger P P g - - _ 4.11.2.85 Variety stores 4.11.2.86 Vocational trade schools 4.11.2.87 Vearing apparel shops 4.11.2.88 Customary accessory uses - 4.11.3 Special Fcceptions. The following uses are permitted as special exceptions upon findings by the City Council as required below and -'in the 'sectibn Hof dais ordinance'entitled Special Exceptions and subject to any --conditions specified below or set by the City Council in order to reasonably maintain the cbaracter of the district: 4.11.3.1 Dwellings, upon findings by City Council tbat (1) residential use of the property will not adversely affect the district by occupying needed dommercial-land needed -for the districts economic•vitali•tyi ; and-(2) residential use of the property will either assist the economic bealth of the district by providing consumer support or will help maintain a significant bistorical or architectural resource. 4-11.3.2 Governmental and public utilities buildings and uses, such as-- �' sewage lift statioris� `pump stations, electrical' substations, water - wells, fire stations, maintenance or operations centers, and community centers, upon a finding that ;they will not create excessive noise, odor, smoke,, dust, or otber adverp,e impacts which ' might prove detrimental to burrounding developed property and uses. 4-11.3.3 Shopping centers- 'upon a'findi'ng that the center -ill- complement and contribute to the economic vitality of the district and upon approval of the site plan. 4.11.3.4 Tatio'd parlors, upon a finding that the tattoo parlor wXil not be located within 200 feet of another tattoo parlor nor within•300 feet of any residential zone. - 4.11.3.5 Public and private parks, playgrounds, community centers and outdoor recreation uses, upon a finding that noise, illumination,*and/or traffic are not likely to result to an extent which would materially ' affect quiet enjoyment of residential properties. 4 4 - .11. Area and Bulk Regulations. The following regulations limiting the � g re � g � bulk and arrangements of buildings and lots are required of all permitted and special uses in this district: i 4.11.4.1 Minimum Lot Size - General Business use, none; dwellings, 5000 square feet. 4.11.4.2 'Minimum Lot Width - General Business use, none; dwellings, 60 feet. 4.11.4.3 Minimum Yard Spaces - General Business use, none; except l5 feet adjoining any residential district; dwellings, front yard,.25 feet; side yards 8 feet each; rear yard, 20 feet... 4.11.4.4 Maximum Building Height -.35 feet, except 56 feet if determined that the proposed building will not significantly and detrimentally block the flow of light or air to adjoining properties. . r 4.11.4.5 Fences, Walls, Hedges - Fences, walls, hedges in yards or along the edge of any yard are permitted up to the following maximum heights: iopen and solid, 4-feet in •front and corner'side yards; solid 8 feet in aide and rear yards; open, any structurally sound height in side' and rear yards.- All swimming pools sball be enclosed by a fence of at least 4 feet 'in height to prevent unsupervised access by cbildren and animals. - 4.11.4.E Signs -.See Sign Regulations' - " " •-' " 4.11.5 i Buffer Strips. A densely planted buffer strip at least 8 feet in height shall be planted and maintained along the rear and side yards of any residential district, but shall not extend beyond the front building line of adjacent residential lots. 4.11.6 Service Areas. All uses shall provide adequate areas for bulk storage of solid waste and for placement of beating, cooling, and similar -facilities on the premises. 4.12. BB Highway Business District - 1M 4.12:1 f Intent. This district is intended to provide for commercial areas to be located on highways and major -thoroughfares in the community. ( The uses allowed in this district are primarily retail trade or service establishments dependent on the traffic volume or transpor- tation access characteristics of highways and major thoroughfares or ' --high' intensity--coi=erciat -uses - located on high -traffic routes'•'to avoid conflict with less intense land uses. Although this district is expressly designed for location along major thoroughfares, it is intended that these uses should be clustered in nodes as much as possible to limit the number of highway access points and prevent undesirable strip development. 4.12.2 Permitted Uses. The following uses are permitted by right in this district: 4.12.2.1 Alcoholic beverage (ABC) stores . 4.12.2.2 Animal hospitals and kennels •' 4.12.2.3 Antique sales 4.12.2.4 Appliance stores . 4.12.2.5 Assembly ballsi-colis6ums, gymnasiums, and similar facilities 4.12.2.6 Athletic facilities such as stadiums and ballparks 4.12.2.7 Automobile and truck sales, new and used, and rentals It 4.12.2.8 Aulomobile.sertice stations and garages 4.12.2.9 Auto parts and accessories sales 4.12.2.10 Auto upholstery shop 4.12.2.11 Automobile washing facilities 4.12:2.12 Bakeries and food products, wholesale 4.12.2.13 Bicycle and motorcycle sales and repair 4.12.2.14 Boat sales and repair 4.12.2.15 Bowling Alleys 4.12.2.16 Bui�ding supply and home improvement stores 4.12.2.17 Cabinetmaking, woodworking, and upholstery shops 4.12.2.18 Churches 4.12.2.19 Circuses, carnivals, and revivals 4.12.2.20 Commercial amusements 4.12.2.21 - Contractors' offices and storage yards 4.12.2.22 Customary accessory uses 4.12.2.23 Dairy bars and pastry shops 4.12.2.24 Delicatessens 4.12.2.25 Drive-in theatres 4.12.2.26 Ice cream,'candy and pastry shops 4.12.2.27 Electrical supplies and equipment sales and repairs 4.12.2.28 Farm and garden supplies stores 4.12.2.29 Farm implement and equipment sales and repair 4.12.2.30 Farmers markets and produce stands 4.12.2.31 Fire stations 4.12.2.32 Freezer storage lockers 4.12.2.33 Funeral homes 4.12.2.34 Grocery stores 4.12.2.35 Industrial supplies and equipment sales 4.12.2.36 Machine and welding shops 4.12.2.37 Marinas 4.12.2.38 Mobile home sales lots 4.12.2.39 Monument -works and sales . 4.12.3.40 Motels 4.12.2.41 'Newspaper publishing 4.12.2.42 Plant nurseries 4.12.2.43 Plumbing and heating supplies and equipment sales 4.12.2.46 ; Radio and television stations 4.12.2.45 1 Real estate- sales and rentals - - - ', 4.12.2.46 Restaurants, including drive-ins and fast food 4.12.2.47 Second hand stores and flea markets 4.12.2.48 ; Sheet metal shop a 4.12.2.49 Sign painters _ 4.12.2.50 Theatres (Indoor) ' 4.12.2.51 Tire service, recapping, retreading 4.12.2.52 Transportation terminals 4.12.2.53 Wholesale and warehousing facilities- 4.12.3- Special Exceptions. The following uses are permitted as special* i exceptions upon findings by the City Council as required below and in the section of this ordinance entitled Special Exceptions and subject to. any conditions specified below or set by the City Council in order to reasonably maintain the character of the district: 4 12. .1 . 3 Dwellin s upon findings b City Council that 1 residential uses of g� P g Y Y �) � the property will not adversely affect the district by occupying needed commercial land needed for the district's economic vitality and (2) residential use of the property will either assist the economic health of the district by providing consumer support or will help maintain a significant historical or architectural resource. 4.12.3.2 Governmental and public utilities buildings and uses, such as sewage lift stations, pump stations, electrical substations, water wells, stations, maintenance or operations centerst and community centers _fire upon a finding that they will not create excessive noise, odor, smoke, dust, or other adverse impacts which might prove detrimental to surrounding developed property and uses. 4.12.3.3 Public and private parks, playgrounds, community centers and outdoor recreation uses, upon a finding that noise, illumination, and/or traffic are not likely to result to an extent which would materially • affect quiet enjoyment of residential properties.. 4.12.3.3 All*uses allowed in the General Business (GB) District provided they are located in a shopping center that has a site plan that has been approved according to the regulations and procedures as stated within ' this ordinance. - 4.12.3.4 Personal storage warehousing, upon approval of.a site plan. 4.12.4 4.12.4.2 4.12.4.3 Area and Dn1k Regulations. The following regulations limiting the bulk and arrangements of buildings and lots are required of all permitted and special uses in this district: Minimum Lot Size - 15,000 square feet. Minimum Lot Width - 100 feet. Minimum Lot Depth - 150 feet. Minimum yard Spaces - front yard, 50 feet (No parking or signs in first 10 feet); side yards, 15 except 25 feet adjoining a residential district; rear yard, 15 feet, except 25 feet adjoining a residential district. 4.12.4.5 ' Maximum Building Heigh t - 35 feet, unless there is an increase in -_.- j minimum yard spaces of l foot for each 2 feet of height over 35 feet. 4.12.4.6 ( Fences, Walls, Hedges - Fences walls, hedges inYyards'or along the - - - �.- edge of. any -yard--are permitted up to the following- maximum heights: open and solid,'- 6 feet in front and corner side yards; '_ "solid, up to �-10 feet: in side and rear yards; -opens to any *structurally sound height in side and rear yards._ 4.12.4.7 -Signs - See Sign Regulations . 4.12.5 Buffer Strips. A densely planted buffer strip at least 8 feet in height sball be planted and maintained along the rear and side yards of any residential "district, but shall not extend beyond the front building line of adjacent residential lots. . . `4.-12.6 Service Area.' All uses shall. -* adequate areas for bulk storage of solid -.•aste. 4.12.7 Animal Storage. No outdoor animal storage sball be allowed within 150 feet of any residential loot or within 50 feet of any adjoining property line. 4.12.8 Storage Areas. Outdoor storage yards sball be screened on the front ' side by a solid fence, .*all or"hedge at least 4 feet high."' c 4.13 4.13.1 4.13.2 4.13.2.1 4.13.2.2 4.13.2.3 . 4.13.2.4 4.13.2.5 4.13.2.6 4.13.2.7 4.13.2.8 LI Light Industrial District. Intent. This district is designed to provide areas primarily for light manufacturing and processing industries and their accessory uses, for supporting or.related storage, transportation and distribution activities, Ifor commercial activities with high intensity characteristics, and for. certain_ supporting service activities for the convenience of the concen- trated -employee population. These areas shall normally be located on planned sites with good access to major transportation arteries and to appropriate utilities capacities. The regulations of this district are intended to minimize conflicts with proximate land uses.•by controlling noise, odor, glare, smoke, dust, wastes, and other adverse environ- mental effects. Light Industrial classifications shall normally apply �.to lapge tracts of land located in a manner that the uses permitted in the district will not detract from the appropriate development or enjoyment of nearby properties. Heavy industry, residential uses, and most retail trade activities are prohibited in this district. Permitted 'Uses. The following uses are permitted by right of this district: IManufacturing and fabrication of:' Air conditioning and heating equipment Apparel and clothing Auto parts and accessories Bakery and food products Bedding and carpets Beverages, including bottling Boats Books 4.13.2.9 Business machines 4.13.2:10 Candy and confections 4.13.2.11 Carbon and battery products 4.13.2.I2 Dairy products 4.13.2.13 Drugs, medicines, cosmetics ti 4.13.2.14 Electrical appliances and electronic.equipment 4.13.2.15 Feed and fertilizer 4.13.2.16 Felt and sandpaper 4.13.2.17 Furniture 4.13.2.18 l Glass, ceramics, and tile 4.13.2.19 'Hardware and housewares 4.13.2.20 ;Ice - 4.13.2.21 iIndustrial supplies and equipment 4.13.2.22 :Insulation and wall board i 4-13.2.23 Leather products 4.13.2.24 Ligbt machine tools 4.13.2.25 Monument vorks 4.13.2.26 Musical instruments .- 4.13.2.27 Oilcloth and linoleum 4.13.2.28 Optical goods. 4.13.2.29 Paper products (finisbed) 4.13.2.30 Plastic products 4.13.2.31 Pottery, porcelain, china 4.13.2.32 Precision instruments and jewelry 4.13.2.33 Recreation and sporting goods 4.13.2.34 Signs 4.13.2•35 Soap, detergents, vasbing compound 4.13.2.36 Textiles and cordage 4.13.2-37 Truck trailers and mobile homes 4.13.2.38 Watcbes and clocks 4.13.2.39 Customary accessory uses Processing activities:* 4.13.2.40 Automobile and junk salvage. 4-13.2.41 Coffee, ion, spices 4-13.2.42 Dry cleaning and laundry plants 4.13.2.43 Grain and seed plants i l 4.13.2.44 :Printing, engraving, publishing 4.13.2.45 Tobacco processing Supporting, intensive or large -area commercial activities: 4.13.2.46 'Auction sales - 4.13.2.47 'Building materials,, storage and sales - 4.13.2.48 Communications towers and antennas b , 4.13.2.49 Contractors offices and storage yards 4.13.2.50 Freezer lockers 4:1j.2.51 ;Machine and welding shops 4.13.2.52 �Plumbing� 'heating� and electrical supplies and repair 4.13:2-53 Public works, -public safety, governmental,,and public utilities Industrial accessory uses: 4-13.2.54 Research laboratories 4.13.2.55 f Vocational trade schools 4.13.2.56 Offices and parking lots Transportation, storage, distribution activities: 4.13.2.57 Airports 4.13.2.58; Grain Elevators 4.13.2.59 Marinas 4.13.2.60 Motor freight terminals 4-13.2.61 Petroleum products, wholesale storage 4.13.2.62 Railroad facilities 4.13.2.63 Wholesale and warehousing businesses 4.13.3 - Special Exceptions. The following uses are permitted as special exceptions upon findings by the City Council as required below and in the section of this ordinance entitled Special Exceptions and subject to any conditions - - - - specified below -or set by the City Council in order -.to reasonably maintain the character of the district. These uses shall be permitted upon findings that (1) there is a demonstrated market need for the use in the immediate vicinity of the other uses in the district, (2) the use will be located so that it will not be adversely affected by nearby industries, and (3) the use - will be located in a manner which will not create traffic congestion or other safety- problems in the district: • 4.13.3.1 Automobile service stations 4.13.3.2 Banks 4.13.3.3 4.13.3.4 4.13.3.5 4.13.3.6: 4.13.4 4.13.4-:1 4.13.4.2 4.13.4.3 4.13.4.4 4.13.4.5 4.13.4.6 4.13.4.7 4.13.5 4.13.5.1. 4.13.5.2 4.13.5.3 4.13.5.4 4.13.5.5 4.13.5.6 Dwellings, upon findings by City Council that (1) residential use of the property will not adversely affect the district by occupying needed commercial land needed for the district's economic vitality and (2) residential use of the property will either assist the economic health of the district by providing consumer support or will help maintain a significant historical or architectural resource. Personal storage warehousing, upon approval of a site plan. Restaurants Truck Stops ' Area and Bulk Requirements. Minimum Lot Size - one acre for permitted uses, one-half acre for special exceptions. i Minimum Lot Width and Depth - width, 200 feet for permitted uses, 100 feet ifor special exceptions; depth, 150 feet. Minimum Yard Space - front yard, 50 feet; side and rear yards, 20 feet. Maximum Lot Coverage - by all structures, 50 percent. +' Maximum Building Height - 40 feet, unless all yard spaces are increased i by one foot for each foot of height above 40 feet. Fences, Walls, 'Hedges* Solid and open fences are permitted to any structurally sound height. Signs - See Sign Regulations Operational Standards Noise: Noise shall not be objectional to residential districts by reason of beat frequency, shrillness, or intensity. Odors: No obnoxious, offensive, harmful or annoying odors shall be discernible beyond the lot of use. Glare: Neither direct nor reflected glare shall be visible beyond the property line of a use. Lig}iting: Exterior lighting shall be directed away.from adjoining properties. Vibration: Vibration shall not be discernible at the property line to the ordinary hiiman sense of feeling for more than three minutes per hour. Smoke: Smoke darker or more opague than No. 1 on the Ringleman Smoke Chart U.S. Bureau of Mines), measured at the point of emission, shall not be emitted, except smoke not darkerr-or more opague than No."2 on said chart may be emitted up to 10 percent of the time. 4.13.5.7 Dust: Solid or liquid particles, measured at the point of emission, stall not exceed 0.3 grains per cubic foot of conveying air or gas. 4.13.5.8 # Gases: Fames or gases in concentrations or amounts that are noxious, toxic, or corrosive shall not be emitted. 4.13.5.9 Electrical radiation: No electrical radiation shall be emitted or generated which interferes with operations or use of property on any other property. ` 4.13.5.10 4.13.5.11 4.13.6 4.13.6.1 4.13.7 4.14 4.14.1 4.14.2 4.14.2.1 4.14.2.2 4.14.2.3 4.14.2.4 Hazards: Operations shall be conducted with all reasonable prechutions againVt fire and explosions. Any industry which might, in any emergency, emit, expel, or release toxic or environmentally damaging elements or compounds shall have a formal plan for control and containment of such accidents. Waste: All sewage and wastewater shall be treated and/or discharged in .. accordance with federal and state water quality standards. Buffer Strips. Screening. Open storage yards of any use permitted in this district shall be screened from adjoining streets and highways by a solid fence, wall, or hedge at least 4 feet high (6 feet if storage is stacked to or above 6 feet high) unless said storage is set back from the right-of-way at least 400 feet. Service Areas. All uses in the district shall provide adgquate, accessible areas for bulk storage of solid -waste. HI Heavy Industrial.District Intent. This district is established to provide areas for heavy and light fabrications, production, and processing, for warehousing, and for ,potent ially offensive trade activities.' These areas should have good access to freight facilities, may typically have major utilities demands or difficult waste treatment needs, and generally require more efforts to controld potentially offensive environmental effects. These areas should be large tracts of land and should be,carefully located to prevent detracting from development or enjoyment of other. districts. Residential uses and most retail trade uses are not permitted in this classification.: Permitted Uses. The following uses are permitted by rigbt in this districts c All uses permitted by right in the Light Industrial district Acid, chemicals, and allied products manufacturing and storage Brick, tile, terra cotta production Bulk storage of inflammable or explosive liquids or gases 4.14.2.5 4.14.2.6 4.14.2.7 4.14.2.8 4.14.2.9 4.14.2.10 4.14.2.11 4.14.2.12 4.14.2.13 4.14.2.14 4.14.2.15 4.14.2.16 4.14.2.17 4.14.2.18 4.14.2.19. 4.14.2.20 4.14.3 4.14.3.1 Hatcheries .Industrial equipment and machinery repair and servicing Iron and steel foundries Livestock sales and stockyards Macbine tool manufacturing Meatpacking • i Paper Manufacturing Pesticide and herbicide production Plastics manufacturing Poultry dressing Quarrying and mining, •stone and gravel works Railroad freight yards iRubber products manufacturing Sawmills, planing mill£, other wood products manufacturing Tobacco products manufacturing Customary accessory uses Special Exceptions. The following uses are permitted as special •exceptions upon findings by the�City Council as required below and in the section of this ordinance entitled Special Faxceptions and 'subject to any conditions + specified below or set by the -City Council in order to reasonably maintain the character of the district. These uses shall be permitted upon findings that (1) there is a der-onstrated market need for the use in the immediate vicinity of the other ores- in the district, (2) the use will be located so that it will not be adversely affected by nearby industries, and (3) the use will be located in a manner which will not create traffic congestion or other safety problems in the district. Automobile service stations ' 11-14.3.2 4.14.3.3 4.14.3.4 4.14.3:5 4.14.4 4.14.4.1 4.14.4.2 4.14.4.3 4.14.4.4 4.14.4.5 Banks i Dwellings, upon findings by City Council that (1) residential use of the property will not adversely affect the district by occupying needed commercial land needed for the district's economic vitality and (2) residential use of the property will either assist the economic health of the district by providing consumer support or will help maintain a significant historical or architectural resource. Restaurants Truck Stops Area and Bulk Requirements. Minimum Lot Size - one acre for uses permitted by reference to Light Industrial, two acres for uses specifically listed herein, one-half acre for'special exceptions. ti • Minimum Lot Width, Depth - 2oo feet for permitted uses, 100 feet for special exceptions; depth, minimum 150 feet. Minimum Yard Spaces - front yard, 50 feet; side and rear yards, 20 feet except 50 feet abutting a residential district. Maximum Lot Coverage - by all structures, 60 percent. Maximum Building Height - 40 feet, unless all yard spaces are increased by one foot for each foot of height above 40 feet. 4.14.4.6 4.14.4.7 4.14.5 4.14.6 I 4.14.7 i 4.15.2 4.15.3 4.15.3.1 i Fences, Walls, Hedges - Solid and open fences! are permitted to any ! structurally sound height. Signs - see Sign Regulations. Operational Standards. Operational standards for this district shall be the same as those set forth for the Light Industrial District. Buffer Strips. A densely planted buffer strip at least 8 feet in height shall be planted -and maintained along the rear and side yards of any residential district, but shall not extend beyond the front building line of adjacent residential lots. ' Screening. Open storage yards of any use permitted in this district shall be scrbened from adjoining streets and highways by a solid fence, wall, or hedge at least 4 feet high (6 feet if storage is stacked to or above 6 feet high) unless said storage is set back from the right-of-way at least 400 feet. Service Area. All uses in this district shall provide adequate accessible areas for bulk storage of solid waste. PUD Planned Unit Development District Intent. The PUD District is established for the purpose of permitting greater flexibility than would* normally be allowed in a particular residential district, in the area, yard, space, height and density require- ments for construction and development of residential areas; and, therefore, to promote and encourage more creative and imaginative site planning and design than would be possible if such construction and, development were in strict compliance with the requirements for the particular district. It is further the purpose of this district to promote mote economical and efficient use of land while providing A harmonious variety of housing choices, a higher level of urban amenities, and preservation of the natural scenic qualities of open space. PUD Defined. A PUD is a land development project planned as an entity by means of a unitary. site plan which permits flexibility in building siting, mixtures in housing types and J and uses, useable open space, and the pre- servation of significant natural features. Minimum Area, Use, Density, Setback and Height, Building Separation and Open Space Requirements ' Area Requirements. Gross land area of thirty (30) acres or more shall be required in all PUD Districts.- 4.15.3.2 Permitted Uses. A PUD may contain all uses permitted in the R-12, R-109 R.-89 R.-5, A &-T, 0 & I, NB, GB, and LI Districts; provided that, all -non-residential uses (those uses not permitted as a -matter of right or as a special exception in the R-12, R-10, R-8, R.-5 and A & T Districts) shall be limited to ten percent of the gross PUD District land area. 11-15.3.3 Density Limitation. The maximum residential density shall be 30 dwelling units for any given residential acre. Subject to this limitation, average development density shall be chosen prior to application for rezoning and jshall be designated on the Master Land Use Plan required by Section "4.14.6. 4.15.3.4 (Setback and Heigbt. No building erected in any PUD District shall exceed (fifty-six feet in height. No building shall be erected, reconstructed, altered, or moved within twenty-five feet of the property line that such - building faces. No building shall encroach upon the right-of-way of a ;publicly maintained street, a proposed thoroughfare shown in an officially adopted thoroughfare plan, or a private vehicular of pedestrian way in 1 commpn ownersbip. -Within 4-15.3.5 Building Separation. a PUD District the minimum required separation 'between buildings shall be determined by the relationship between the height of adjacent buildings and the horizontal, distance between vertical projections of such adjacent buildings. For the purposes of this section: a vertical 'projection is any part of any exterior wall of a principal or accessory ;building, extending outward from such exterior -u-all at an angle of less than 1800; the horizontal distance is equal to the distance, measured any- wbere, between imaginary lines drawn perpendicular to the ground and tangent to the outermost points of vertical projections of adjacent buildings. The minimum required separation between adjacent buildings is set out in the +following table: MINI1WM REQUIRED SEPARATION BETk= ADJACENT BUILDINGS ! Minimum borizontal distance :Height of taller building between vertical projections 20 feet or less .16 feet between 20.1 and 25.0 feet 25 feet between 25.1 and 30.0 feet - 30 feet J between 30.1 and 40.0 feet 40 feet between 40.1 and 56.0 .feet 60 'feet 7 4.15.3.6 Open Space. In any PUD District, a minimum of twenty percent of the total land area small be reserved as open space. Any area or segment of land (less than eight feet in width may not be included in calculating the minimum t open space reservation unless such land is clearly a part of an open space system, such as a pedestrian walkway. iA minimum of twenty-five percent of the required open space shall be developed for active recreational purposes, such as tennis courts, ballfields, or playgrounds. • Provisions for continuous maintenance of open space, specifically including that developed for active . recreational. purposes, shall be made by the develope eitber through proposed dedication to the City of Jacksonville, if acceptable, or througb the_ establishment of a private homeowners association.___ 4.15.4 Transitional Use Areas. In order to insure compatibility with adjoining land uses and districts, a transitional use area, fifty -feet in depth, shall be established along the exterior property lines of any PUD District. Where the exterior property lines of a PUD District are adjacent to Residential uses or districts or mobile home parks or subdivisions, only residential uses may be permitted within the transitional use area. Where -the exterior property lines of a PUD District are adjacent to 0 & I, LI, HI, NB, GB, or BB Districts, the transitional use area shall be a buffer zone and meet the standards for buffer zones as defined by this ordinance. 4.15.5 Off -Street Parking. Parking space shall be required for all uses as required by this ordinance. 4.15.6 Master Land Use Plan Required. 4.15.6.1 Purpose. The Master Land Use Plan (LUP, herein) is intended to be the primary supporting proof, and shall demonstrate, when considered in its entirety or by its separate components,, (if the proposed PUD District is -established and developed), that the purposes of this ordinance are met. A reasonable fee set by the City Manager, subject to City Council review may be charged to offset administrative expenses involved in reviewing the Master Land Use Plan. 4.15.6.2 i 4.15.6.2.1 i 4.15.6.2.2 4.15.6.2.3 4.15.6.2.4 4.15.6.2.5 4.15.6.3 4.15.6.3.1 4.15.6.3.2 4.15.6.3.3 4.15.7 I, Criteria for Review by Planning Board and C— City Council,In reviewing the LUP and making recommendations thereon, the Planning Board and 'City Council shall consider and be guided by the following criteria: the compatibility of the proposed project with the surrounding districts and land uses; the effectiveness of the proposed project in providing more economical and efficient use of land; the effect of the proposed project on the ability of the City and county to provide public facilities and services; the effectiveness of the proposed project in providing and preserving open space, the scenic quality of the site, and recreational opportun— ities; - . •�. the degree to which the project will provide a more desirable development and living environment than would be possible under conventional Resi— i dential district requirements. __Contents.. _ --In _addition._toTthe -information require diin__tiie. application for rezoningthe LUP shall include the following: i - a map, drawn to a scale no less than one inch to 400 feet, showing the approximate location, size, and arrangement of existing and proposed: open space area; buffer zones and transitional use area; — neighboring land uses and zoning districts; vehicular and pedesttian circulation systems;, existing vegetation;. all .single and/or multi —family dwelling. areas; .A ..copy! of. -any.dcclarations.applicable at. this. Iiroe. .ta-be..recorded. under - the "Unit Ownership Act"; any covenants creating a homeowner's association;. Procedural Requirements for Establishment of PUD Districts and Development of PUD Projects,•- 4.15.7.1 Approval of Mr+ster Land Use Plan (LUP) and Rezoning Application. A PUD District may be established only after amendment to the Official Zoning Map under the sane procedural requirements and standards of review as any other rezoning application; provided, however, that the following additional standards and procedures shall apply to IUD District applications: 4.15.7.1.1 Five copies of a Master Land Use Plan, as described in Section 4.15.6 sball'be submitted to the City Planner with the rezoning application 14 days before the Planning Board meeting at which it is to be considered; 4.15.7.1.2 The Planning Board, after review of the LUP and application, shall submit its recommendation to the City Council; - 4.15.7.1.3 The City Council shall, after consideration of the application, the LJJP, the recommendations of the Planning Board, and the criteria set out in Section 4.15.6 either approve br disapprove in writing the plan and application. 4.15.7.2 Approval of Site Plan and Issuance of Building Permits. No construction, excavation, or clearing shall.be commenced or any building permit issued within any PUD District which does not conform to an approved Site Plan as described in Section 4.15.8. The procedures for approval of a Site Plan are as follows: 4.15.7.2.1 The Site Plan shall be submitted to the City Planner 14'calendar days before the Planning Board meeting at which it is to be considered for its review and recommendation within 90 days after the City Council's approval of the LUP and amendment to the Official Zoning Map; 4.15.7.2.2 The Planning Board, after review of the Site Plan in accord with the purposes and standards set out in Section 4.15.8; shall submit its recommendation-to.the City Council; 4.15.7.2.3 The City Council.' after consideration of the Site Plan, the recommendation of the Planning Board, and the purposes and standards set out in Section 4.15.8,•shall either approve or disapprove the Site Plan. 4.15:7.3 Authority to Impose Conditions and Modify LUP or Site Plan. 'In order to promote.the purposes of this ordinance and Section, the City Council is authorized to impose such reasonable conditions, make reasonable modifications, or require additional information that it may reasonably need, prior to approval of any LUP or Site Plan submitted under this Section. 4.15.8 4.15.8.1 qi t.a pl nn Purpose. A Site Plan is intended to insure that a proposed PUD development is actually constructed and developed in accordance,.with the approved LUP. A reasonable fee set by th,e City Manager, subject to City -Council review, may be charged to offset administrative expenses involved in reviewing the Site Plan. 4.15.8.2 4.15.8.2.1 4.15.8.2.2 4.15.8-.2.3 4.15.8.3 4.15.8.3.1 4.15.8.3.2 4.15.8.3.3. -4.15.8.3.3.1 Criteria for Review by Planning Board aid•City Council. In reviewing a Site Plan, the Planning Board and City Council shall consider and be guided by the following criteria: The degree to which the proposed Site Plan actually.implements the LUPs%_ ;_ 7. The effectiveness of the proposed Site Plan•in meeting the criteria set out in Section 4.14.6.2; The effectiveness of the proposed Site Plan in promoting the purposes of this ordinance and section. i Contents and Form. Site Plans, or any portion thereof, shall be: drawn to.a scale no less than one inch equals 50 feet; prepared and certified by a registered,architecto landscape architect, engineer; or land surveyor; drawn accurately enough to ,permit any point on the plan to be readily identified on the ground. Seven copies of a Site Plan shall be sub mitted-to the Planning Board, each of which shall show the following; General Development - - - The boundary of the property by courses and distances, the acreage of the area, and present zoning of the tract. - The names of abutting recorded subdivisionst and owner and present - ' use of All abutting property: - Widths and names of abutting streets and alleys. - All dimensions both linear and angular, for locating boundaries i of the tract, lots, streets, alleys, public easements, and private easements. -- - __�_ _ ----____�_ - Date, north arrow, scale, number of sheets. - Name and address of the owner or owners of the tract and the name of the applicant. - All building restriction lines, highway setback lines, easements, covenants, reservations, and rights -.of -way. - -� - Existing topography with a maximum of five-foot contour intervals. �-='Soil types snd eblo of the site,-9 ,~' I Iyp g gY , . I Name, address, signature, and registration number of the professional i preparing the plan. 4.15.8.3.3.2 4.15.8.3.3.3 Existing Imnprovemente and Features ' - Sidewalks, streets, alleys, and casements. - Buildings and structures. - Driveways, entrances, exits, parking areast and loading spaces. - Santary sewer systems. - Water mains and fire hydrants. - Gas, power, telecable and telephone lines. .0 Recreation areas. - Storm drainage systems to include natural and artificial water courses. - Limits of flood plains. Proposed Improvements - A11 proposed streets and alleys and the boundaries of all other portions intended to be dedicated to public uses. - Buildings and structures' -to 'include: a. distance between buildings (to scale b. number of stories c. number of dwelling units d. height of buildings -= Driveways* •en -trances eeitsi parking areas, and loading spaces --including the total number of parking and loading spaces. - Sanitary sewer systems. - Water mains and fire.bydrants. - Gas, power, telecable, and telephone lines. �- Landscaping. - Recreation and open space areas. - Plans for collecting and depositing storm water and the method of treatment of_natural and artificial water courses -including the delineation of any.proposed limits of flood plains. - Proposed grading schedule, including time of the year when grading i . - will be in progress. -- .. '_' , 7 " Finish grading with a maximum of two -foot contour intervals. - Location of refuse disposal facilities and type. 4.15.8.3.3.4. Required Improvements - Designation of pedestrian walkways. - Construction of vehicular traffic lanes or driveways which will permit vehicular travel on the site and to and.from adjacent parking areas and adjacent property. j - Connection wherever passible of all walkways, travel lanes, and �+ driveways with similar facilities in adjacent developments. - Screening, fences, -.-ells, curbs and gutters, buffer zones' as required by the City of by the State High,. -ay Commission. - Easements or rights -of -way for all! facilities to be publicly maintained, provided that each easement shall be clearly defined t. for the intended purpose. - - lictension or construction -of service roads and access thereto on site bordering a state primary, highway.. - Dedication or reservation of land for streets and service roads and the construction thereon. 4.16 Adult Business District 4.16.1 4.16.2 4.16.2.1 4.16.2.2 4.16.2.3 4.16.2.4 4.16.3 4.16.3.1 4.16.3.2- 4.16.3.3 4.16.3.4 4.16.3.5 4.16.3.6 4:16.4 4.16.4.1 4.16.4.2 4.16.4.3 4.16.4.4 Intent. It has been demonstrated that the establishment and operation of adult businesses near residential areas and neighborhood business areas has a deleterious effect on these neighborhoods, that adult businesses are often associated with higher levels of illegal activities, and that the sexually explicit nature of adult businesses is contrary to contemporary standards of many community residents. This district ,is designed to restrict and confine the location of these businesses in a manner which prevents neighborhood blight, maximizes public safety, and preserves - community standards. Locational Requirements. The following locational•requirements shall apply to the establishment of adult business zones: - No,adult business zone shall be established within 500 feet of a residential zone. ' No adult business zone shall be established within 2,000 feet of another adult business zone. No adult business zone shall be larger than 100,000 square feet.` The boundaries of any adult business zone shall be no longer than 500 feet on any side or in any direction. Permitted Uses. The following uses are permitted by right in this district: Any permitted use in General Business District. Adult book stores Adult motion picture theatres Adult mini -motion picture theatres - Type "X" cabaret Tattoo parlors Area and Bulk Regulations. The following regulations limiting the bulk and arrangements of buildings and lots are required of all permitted and special uses in this district: Minimum Lot Size - none Minimum Lot Width - none • Mininnim Yard Spaces - none Maxinnim Building lijeight - 35 feet, except 56 feet if determined that the proposed building will not significantly and detrimentally block the flow of light or air to adjoining properties. Signs - see Sign Regulations I '• Po(Z SECTION 5.0 SPBCIAL EXCEPTIONS Special use exceptions may be granted for the establishment• of uses, if, (1) after examination of information and evidence presented to the City Council, the Council finds in the affirmative that the requirements below and any specific requirements listed in the district regulations are met•and (2- if any conditions specified by the ordinance or imposed by the City .Council are maintained 'in effect. In addition to any findings required in -the district, the Council must find that: 5.1 The use will not materially endanger the public health or safety or constitute a public nuisance if located wbere proposed and developed according to the plans and information submitted and•approved. 5.1 .1 The use will not substantially injure the value of adjoining prolferty or the use is a public necessity. 5.1.2 The location and character of the use, if developed according to the plans and information approved, will be in harmony with proximate land uses, consistent with the purposes of the district, and in conformity with the City*s land use plan••and other comprehensive plan elements 5.2 Special Exceptions/Special Use Permits. The City Council shall consider requests for such special use exceptions as may be conditionally permitted in various districts, shall determine whether the information submitted supports making the specific finding$) required by the ordinance to t permit the use, shall issue special use permits granting the special exception) if the required findings are made or deny issuance of a special use permit if all required findings cannot be made, and may attach reasonable conditions to the granting of a special exception to insure the use's compatibility with other uses permitted in the district. 5.3 Special Exception Procedures 5.3.1 A written application for a special exception shall be submitted to the City Planner at least 14 calendar days prior to the Planning Board meeting at which it is to be considered specifying the special exception sought, indicating the applicable ordinance provision, providing information supporting the existence of the required findings, and providing such plans or other relevant data as may be required by the City. A reasonable application fee set by the City Manager, subject to City Council review, may be charged to offset notification and administrative expenses in processing the application. 5.3.2 The application shall be reviewed by the staff and submitted with staff comments to the Planning Board for comment. 5.3.3 The City Manager shall schedule tthe application for Council consideration after reasonable opportunity for staff and Planning Board review. All adjoining property* o-%,ners shall be notified by the city staff using names and mailing addresses submitted by the applicant of the date that the Application will be considered by the City Council. 5.3.4 During any scheduled meeting the City Council shall bear relevant presentations regarding whether the required findings exist and whether the special exceptions should be granted. The Council shall hear relevant information from the applicant, City Manager, and planning officials, and any interested or effected members of the public. Parties may appear in person or by agent or attorney to present information relevant to the requirements of the ordinance. 5.3.5 The Council shall render a decision within a reasonable period of time, but need not issue a decision at the time of the initial bearing and may call for additional information if needed. In order to grant a special exception, the Council must make the following written findings: 5.3.5.1 The Council is empowered to grant the special exception by a specified section of this ordinance. 5.3.5.2 The specific findings required by this ordinance for the special exception requested are supported by the evidence given and are affirmatively made. 5.3.5.3 Satisfactory provisions and arrangements have been made to assure compliance with any conditions or requirements of the .ordinance. 5.3.6 If'the Council makes the above -required findings, a special exception shall be granted and a special use permit shall be issued to permit the requested use. The special exception and use permit shall be subject to any conditions stipulated by the ordinance or determined by the City Council to be necessary to insure that the_use remains. compatible with other uses permitted in the district and with adjoining properties. No special use permit. shall grant variances from the requirements of this ordinance. _If any conditions require or imposed as..part of a special use permit are not maintained or carried out or cease to exist, the zoning administrator shall.revoke the special use permit and the use shall become an ordinance violation. 5.3.7 If the Council cannot make all of the required findings, no special exception shall be granted nor special use permit issued. If circum- stances change sufficiently that the necessary findings might be met in the future, the Council may re -bear a similar application, but the Council may deny re -hearing to any identical application filed within two years of a previous bearing if it makes a preliminary, informal determination that significant changes warranting re -hearing have not occurred. c SECTION 6.0 SIGNS 6.1 oses The purposes of these regulations are to preserve the legibility and usefulness of necessary signs, to minimize the detrimental effects of signs on adjacent properties, to prevent commercial signs from conflicting with/or obscuring signs related to the public safety - or convenience, to insure that signs do not become a public hazard or nuisance by reason of their size, placement, number, or condition, ,to prevent the character of each district and any special qualities of a district such as historic significance), and to protect -and enhance the overall appearance of the community. 6.2 Applicability These regulations apply to signs intended to be/or clearly legible from a public right-of-way for vehicles or pedestrians. These requirements apply to all such signs within the zoning juris- dic.tion of the City of Jacksonville. 6.3 General Requirements 6.3.1 Signs for Active Uses. All non -governmental signs must be for an active business, on the premises, except outdoor advertising signs where permitted). Signs for discontinued businesses must be re- moved within 60 days. 6.3.2 Sign Condition. All signs shall be maintained in a legible and safe condition. Any sign in a deteriorated, rusting, or unsafe condition shall be in violation of this ordinance, and the zoning administrator shall order that such sign be repaired or removed. The backs of ground signs shall be neutral color to blend with their surroundings. 6.3.3 Illumination. Signs may be illuminated by interior bulbs, neon lighting, silhouette lighting, or spot lighting. Spot lights shall not be directed toward streets or public pedestrian walks. 6.3.4 Rights -of -way. Non -governmental signs shall not be erected upon. or encroach upon public rights -of -way. - 6.3.5 Im ro er Attachments. Non -governmental signs shall not be attached to or painted on power poles, light poles, telephone poleso traffic signs, or other objects not intended to support a sign. Signs shall not be 'located on rocks, trees, or other natural objects. 6.3.6 Construction. Signs s}iall be constructed according to the require- ments of the North Carolina Building Code, latest editions and amendments. Building permits shall be obtained for all signs which are structures.. Support wires, guy wires, and other exterior sup- portive elements are not permitted. 6.3.7 Prohibited Signs. The following signs are prohibited in all districts: 6.3.7.1 Signs covering, obstructing, or concealing windows, doors, or other points of entry for light and air. 6.3.7.2 Signs which obstruct sight distances at intersections or -along public rights -of -way. 6.3.7.3 Signs which, by location, color, shape, or content, may be confused with traffic signs or signals or obstruct the view of traffic signs or'signals. 6.3.7.4 Any sign located in a manner or place which constitutes a public nuisance or hazard. 6.4 RA-20 District Sign Provisions The following sign regulations shall apply in the RA-20 Residential -Agricultural District: 6.4.1 Permitted Signs. 6.4.1.1 On -premises signs advertising agricultural products offered for sale at roadside stands. 6.4.1.2 Signs for churches, cemeteries, parks, playgrounds, community centers, golf courses, swimming pools, mobile home parks, kindergartens and day care centers, schools, airports, governmental and public utilities facilities, hospitals, institutions, and assembly and lodge buildings, maximum 32 square feet in surface area. Such sign or board may be indirectly lighted. 6.4.1.3 Church, school, or public bulletin boards not exceeding 16 square feet surface area. 6.4.1.4 Signs for home occupations and backyard workshops, one sign not exceeding 2 square feet in surface area. 6.4.1.5 Identification signs for subdivision entrances and mobile home parks(if permitted), maximum total aggregate area of 36 square feet per entering street location. Such signs may be indirectly lighted. 6.4.1.6 Governmental information' and traffic signs, street name markers, historic markers, and construction safety signs. 6.4.1.7 Temporary real estate marketing signs, maximum 6 square feet each, one per street abutted. Such signs shall not be'illuminated and shall be removed promptly when the property has been sold, leased or rented. 6.4.1.8 Directional signs not over 16 square feet in area indicating the location of churches, schools, hospitals, parks, scenic or historic places or other public or semi-public places of general interest. Any such sign and mounting shall not exceed 10 feet in total height. 6.4.1.9 Temporary nonilluminated signs not exceeding 10 square feet in area advertising the general contractor, subcontractor, architect, or other such professional persons or organizations engaged in or associated with the lawful construction, alteration, remodeling, or demolition of any building or.use; provided, that such signs shall be limited to 1 for each organization involved and not to exceed a total of 40 square feet and provided further that all such signs shall be removed within 30 days after the completion of the general contract. 6.4.1.10 Signs advertising apartments, tourist homes, and other guest houses located on the premises; provided that such signs shall be limited in the aggregate to a total face area of 16 square feet, and shall be limited in total height above ground level to 8 feet, shall not have blinking lights, and all lighting shall be indirect. 6.4.2 Prohibited Signs. 6.4.2.1 All signs not expressly permitted. 6.4.2.2 Signs exceeding dimensional requirements. 6.4.2.3 Off -premises advertising signs. 6.5 R.-12, R-10, R-8, R--5 Districts Sign Provisions The following sign regulations shall apply in the R-12, R.-10, R,-89 and R-5 Residential Districts: 6.5.1 Permitted Signs. 6.5.1.1 Principal use signs for churches, parks, playgrounds, community centers, recreation facilities, kindergartens and child day care centers, schools, governmental and public utilities facilities, rest and convalescent homes, cemeteries, fire stations and libraries, maximum 32 square feet in surface area and maximum one sign per street or road abutted. 6.5.1.2 Principal use signs for rooming and boarding houses -(if permitted), maximum 12 square feet each and maximum one sign per street or road abutted. 6.5.1.3 Information signs for subdivision entrances, apartment complexes (if permitted) and mobile home parks (if permitted), maximum total aggregate area of 36 square feet per entering street location. Such signs may be indirectly illuminated. c 6.5.1.4 Church, school, or public bulletin boards not exceeding 16 square feet surface area. 6.5.1.5 Signs for home occupations not exceeding 2 square feet in surface area. 6.5.1.6 Governmental information and traffic signs, street name markers, historic markers and construction safety signs. 6.5.1.7 Temporary real estate marketing signs, maximum 6 square feet each, one per street abutted. Such signs shall not be illuminated and shall .be removed promptly when the property has been sold, leased or rented. 6.5.2 Prohibited Signs. 6.5.2.1 All signs not expressly permitted. 6.5.2.2 Signs' -exceeding dimensional requirements. 6.5.2.3 lo Off -premises advertising signs. 6.6 A & T District Sign Provisions. The following sign regulations} shall apply in the Apartment and Townhouse District: 6.6.1 Permitted Signs. 6.6.1.1 Principal use signs for churches, parks, playgrounds, community centers, recreation facilities, and governmental and public utilities, maximum 32 square feet in surface area and maximum one sign per street or road abutted. 6.6.1.2 Subdivision or apartment entrance/identification signs, maximum total aggregate area of 36 square feet per entering street location. 6.6.1.3 Church or public bulletin boards not exceeding 16 square feet surface area. f 6.6.1.4 Signs for home occupations not exceeding 2 square feet in surface area. 6.6.1.5 Governmental information and traffic signs, street name markers, historic markers and construction safety signs. 6.6.1.6 Temporary real estate marketing signs, maximum 6 square feet each, one per street abutted. Such signs shall not be illuminated and shall be removed promptly when the property has been sold, leased or rented. 6.6.2 Prohibited Signs. 6.6.2.1 All signs not expressly permitted. 6.6.2.2 Signs exceeding dimensional requirements. 6.6.2.3 Off -premises advertising signs. 6.7 0 & I and NB Districts Sign Provisions_. The following sign regulations shall apply in the Office and Instit- utional and Neighborhood Business Districts: 6.7.1. Permitted Signs 6.7.1.1 Principal use signs for permitted establishments, maximum 64 square feet in surface area. 6.7.1.2 All signs permitted in R-12, Rr-8, and R-5 Districts in conjunction with an' allowed specific uses. 6.7.2 Prohibited Signs 6.7.2.1 Off -premises advertising signs. 6.8 GB and AB District Sign Provisions / The following sign regulations shall apply in the General Business and Adult Business Districts: 6.8.1 Permitted Signs ' 6.8.1.1 Principal use signs for permitted establishments. 6.8.1.2 Projecting signs may project from the property line over the street right-of-way, or other public space provided the sign does not extend beyond a vertical plane 18 inches inside the curb line; and the bottom clearance of such sign shall be at least 9 feet above the finished grade of the sidewalk along the street and not extend over 2 feet above the top of the building. 6.8.1.2.1 Signs mounted under canopies over a sidewalk must maintain a clear height of not less than 8 feet above the finished grade of the sidewalk along the street. 6.8.1.3 Roof -top signs shall be permitted provided that the sign, when attached to the building does not exceed 24 feet in height subject to requirements stated in the latest edition of the North Carolina State Building Code. 6.8.1.4 All signs permitted in R-12, R-8, and R-5 Districts in conjunction with an allowed specific use. 6.8.2 Prohibited Signs 6.8.2.1 All signs not expressly permitted. 6.8.2.2 Off -premises advertising signs. 6.9 HB, LI, and III District Sign Provisions The following sign regulations shall apply in the Highway Business, Light Industrial, and Ileavy Industrial Districts: 6.9.1 Permitted Signs 6.9.1.1 Principal use signs for permitted establishments. 6.9.1.2 Projecting signs cony project from the property line over the street right-of-way, or other public space provided the sign does not extend beyond a vertical plane 18 inches inside the curbline; and the bottom clearance of such sign shall be at least 9 feet above the finished grade of the sideumllc along the street and not extend over 2 feet above the top of the building. 6.9.1.2.1 Signs mounted under canopies over a sidewalk must maintain a clear height of not less than 8 feet above the finished grade of the sidewalk along the street. 6.9.1.3 Roof -top signs shall be permitted provided that the sign, when attached to the building does not exceed 24 feet in height subject to requirements stated in the latest edition of the North Carolina State Building Code. 6.9.1.4 All signs permitted in R-12, R.-8, and R-5 Districts in conjunction with an allowed specific use. 6.9.2 Conditionally Permitted Signs Off -premises outdoor advertising signs/billboards constitute a separate use and are thus subject to special provisions. These signs provide business and industry the opportunity to advertise their products and/or services and are thus necessary for the local business economy. However, because of their size, location, and structural condition these signs can become eyesores, traffic hazards, and dangers to adjoining properties. As a result of their effect on the public welfare, off - premises outdoor advertising signs/billboards shall be permitted subject to'the conditions as follows: 6.9.2.1 No two (2) off -premises outdoor advertising sign structures shall be spaced less than 750 feet apart on the same side of the roadway on a federal or state designated -or maintained right-of-way nor less than 1500 feet apart on the same side of the roadway on all other streets and rights -of -way. No two off -premises outdoor advertising sign structures shall be placed within two hundred fifty (250) feet in either direction of the nearest point on the opposite side of the same right-of- way from an existing outdoor sign structure. 6.9.2.2 No off-premi-,es outdoor advertising sign shall be .located within ttao hundred (200) feet of any intersection unless it has a fifteen (15) foot clear -vision area between the bottom line of the sign and the ground or unless an existing building would interfere with the clear - vision area necessary for the proper sight distance of a motorist approaching an intersection. 6.9.2.3 All off -premises outdoor advertising sign structures shall be set back at least twenty (20)'feet from the nearest road right-of-way. 6.9.2.4 NO off -premises outdoor advertising sign shall be permitted within three hundred (300) feet when measured along the road right-of-way on the same side of the roadway or within one hundred (100) feet when measured in any other direction from any district zoned for residential uses. 6.9.2.5 No one (1) copy area of any off -premises outdoor advertising sign shall exceed three hundred and eighty (380) square feet, plus an additional one hundred (100) square feet of extension area, and there shall be no more than one (1) copy area facing any one (1) side of the traveled roadway on any sign structure. 6.9.2.6 Off -premises outdoor advertising signs shall be subjected to the same building height limits as any other permitted use in the particular zoning district where they are located. 6.9.2.7 Complete construction plans for all off -premises outdoor advertising signs shall be subinitted to the City of Jacksonville Building Inspector's Office for review and approval prior to the issuance of a building permit for same. 6.9.2.8 All off -premises outdoor advertising signs shall be plainly marked with the name of the person, firm, or corporation erecting and main- taining such sign. 6.9.2.9 All off -premises outdoor advertising signs shall be subject to all other provisions of this ordinance, 6.9.3 Prohibited Signs 6.9.3.1 -All signs not expressly permitted. 6.10 PUD District Sign Provisions The following sign regulations shall apply in the Planned'Unit Development District: 6.10.1 Permitted Signs 6.10.1.1 All signs permitted in the R-12, R-109 R-89 R-61 A&T, 0&I, NB, GB, and LI Districts in conjunction with an allowed specific use. 6.10.2 Prohibited Signs 6.10.2.1 All signs not expressly permitted. 6.10.2.2 Off -premises advertising signs. 6.11 Overall Sign Requirements 6.11.1 Identification of Signs 6.11.1.1 No person, firm or corporation shall install, erect or maintain any signs or medium of display or advertising, electric or otherwise, over public property, until such person, firm or corporation has filed with the City Clerk, a certificate that there is iq effect an insurance policy in the amount of $25,000 bodily injury for each person, $50,000 for each accident and $10,000 property damage, insuring that applicant and the City against any and all clhims for personal injury, or damage to property that in any way result from such a sign or marquee. The certificate shall also state that the policy shall not be cancelled or in any manner amended, changed or altered without giving the City Clerk 15 days written notice thereof. 6.12 Maintenance, Abandoned and Unsafe Signs 6.12.1 All signs for which a permit is required, together with all their supports, -- braces, guys, and anchors shall be kept in good repair. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this ordinance. I 6.12.2 All signs for which a permit is required may be inspected at any time by the Building Inspector. Whenever it sell appear to the Building Inspector that any sign has been constructed or is being maintained in violation of any term of these regulations or has become insecure t or in danger of falling or otherwise unsafe in his opinion, be may order it to be made safe or removed. 6.12.3 Signs or parts of signs which advertise or pertain to a business, product, service commodity, event, activity or purpose which no longer exists or that has rot been in use for ninety (90) days or more"shall be deemed to be an abandoned sign and shall be subject to the removal procedures ,as outlined in this ordinance". 6.13 Removal of Non -maintained Ungafe, and Abandoned Signs: Upon a determination by the Building Inspector that a sign is not being maintained in' good repair, has been constructed or is being maintained -in violation of this ordinance, is unsafe, or is an abandoned sign, said sign may be'removed under the following procedures: 6.13.1 The owner of the sign .or outdoor advertising structure, the occupant of the premises on which the sign or structure is located; or -the person or firm maintaining same, shall, upon written notice by certified mail from the Building Inspector, 'secure or repair the sign or structure in question within thirty (30) days of receipt of written notice. 6.13.2 ' The Chief Building Inspector is authorized to and shall remove any - unsafe or abandoned signs or outdoor.-. advertising structure if the above order is not complied with within the allowed thirty (30Y day period. The cost of the removal of the sign or structure under order by the Chief Building Inspector shall be assessed to the owner, leasee, or firm charged with maintaining same. SECTION 7.0 OI'F-STREET PARKING AND LOADING 7.1 Off -Street Parking Required. Off-street automobile parking or storage space shall be provided for every establishment and every dwelling on every lot. If parking'space cannot ----reasonably be provided on the same lot", such space shall be provided on a 'lot within 400 feet of the principal use which is owned, leased, or otherwise controlled or reserved by the principal use. b 7.2 Combined Lots The required parking space for any number of separate establish- ments may be combined in one lot but the required spaces for one establishment may not be assigned to another establishment at any time, except that one-half of the parking spaces required for establishments whose peak attendance will be at night or on Sundays such as churches and theatres) may be shared by an establish- ment wbich is closed at similar times. 7.3 Lot Requirements Parking spaces may be.provided in a parking garage or in a properly graded and improved open space. Remote parking lots are not permitted in residential districts. Each automobile parking space shall be not less than - 180-square feet -in area exclusive of adequate access drives and maneuvening - space. Required parking areas must have vehicular access to a street or alley; such access shall not be thereafter encroached upon or altered. 7.44 Plans and Permits --Each -application for a zoning •permiVor certificate of compliance submitted to the zoning administrator shall include information as to the location, dimensions, and arrangement of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient . detail, including a plot plan if requested, to allow the zoning administrator to determine whether the requirements of this section are being met. No certificate of compliancewill.- be issued unless and until -till off-street parking and loading: space requirements shown upon the plans or made a part of the zoning permit are in place and ready for use. 7.5 Exceptions Any structure or use in existence on the effective date of' -this ordinance is not affected by these requirements until the gross floor area is increased ten percent or more. ' 7.6 Minimum Parking Requirements Each use must provide off-street parking nnd/or loading space equal to or greater thanthe minimum requirement for flint use as set forth below. For any use or class of uses not specifically mentioned, the requirements for off-street parking facilities for the most similar use or class of uses shall apply. ?Number of employees shall be computed as the Inrgest number of persons employed on the largest shift. Use 7.6.1 Apartments and Multi -family dwellings 7.6.2 Auditoriums and theatres. 7.6.3 Automobile sales and repair 7.6.4 Automobile wash 7.6.5 Bowling alleys 7.6.6 Churches 7.6.7 Clubs or.lodges, fraternal and nonresidential 7.6.8 Day care centers' 7.6.9 Financial institutions banks, savings and loans, loan companies) 7.6.10 Funeral homes, mortuaries 7.6.11 Furniture stores 7.6.12 Hospitals 7.6.13 Hotels, motels 7.6:14 Industrial, manufacturing or warehouse firm I Minirram Peguired parking 1.5 spaces per dwelling unit 1 space for each 4 seats 1 space for each 2 employees, plus 2 spaces for each 300 square feet of maintenance space 1 space for each 2 employees, plus movement lane space equal to 5 times the capacity of the wash bays 3 spaces per alley plus requirements for any associated uses (restaurant, etc 1 space for each 5 seats in main auditorium 1 space for each 200 square feet used for assembly or.dancing . 1 space per employee plus l J oading space per 6 children 1 space per 200 square feet of primary business area (excluding storage areas,' corridors, stairwells, etc.) 1 space for each 3 seats in the chapel plus 1 space for each funeral vehicle and each employee 1 space for each 3'00 square feet below 5,000 square feet and 1 space for each 600 square feet above 5,000 1 space for each 2 beds, 1 space for each staff doctor, 1 space for each 3 employees 1 space for each unit, plus 1 space -- for each 2 employees, plus space for any associated uses - 1.5 spaces for each 2 employees, 1 space each for managerial personnel and i business vehicles, 1 visitor space for each 10 manageria1 personnel ' 7.6.15 Kindergartens, elementary and I space for each employee and junior Sigh schools 4 child loading spaces 7.6.16 Medical offices and clinics 7.6.17 Offices (such as real estate, lawyers, insurance government, professional buildings 7.6.18 Outdoor recreation facilities (stadiums, amusement driving ranges, minature 5arksv 7.6.19 Rest homes, nursing homes, care homes, sanitariums 7.6.20 Restaurants and nightclubs 7.6.21 Restaurants, drive-in and fast food _ 7.6.22 Retail Businesses not otherwise listed 7.6.23 Rooming and boarding houses 4 epaces per doctor plus 1 space for each employee 1 space for each 200 square feet of floor area 1 space for each 3 persons of maximum capacity _ 1 space for each 3 beds and 1 space for each employee 1 space for each 3 seats plus 3 space per employee 1 space for each 3 seats, plus 10 spaces for take-out customers, plus 1 space per employee: 1 space per 200 square fee't:of floor area 1 space for each 2 guest rooms plus 2 spaces for owners and visitors 7.6.24 Senior high schools, trade and 5 spaces for each classroom, vocational schools, business 1 space for each administrative schools, colleges and universities employee, and 1 space for each • 10 seats in largest auditorium 7.6.25 Service stations 4 spaces for each grease or wash rack 7.6.26 Shopping Center 1 space for each 200 square feet • gross floor area 7.6.27 Single family dwellings and 2 spaces for each dwelling unit mobile homes 7.6.28 Townhouses and condominiums 2 spaces for each dwelling unit 7.6.29 Wholesale businesses 1 space per each 2 employees - - plus 1 space per 1,000 square c feet of sales area 7.6.30 Personal service businesses 1 space per 200 square feet of primary (Barber, beautician, shoe repair, etc.) business area plus 1 space peri•- -- employee working in -a secondary area 7.7 Off -Street Loading - - - Every building or structure used for business, trade, industrial, or - n institutional purposes shall provide space as indicated below for -,he loading and unloading of freight vehicles. An off-street loading space shall have minimum dim- ensions of 12 feet by 25 feet with 15 feet overhead clearance, with adequate means of safe access to a street or alley. '." Use_ Minimum Required Parking 7.7.1 Office Buildings and hotels 1 loading space per 100,000 square feet minimum of l) 7.7.2 Retail and other non-residential 1 loading space operations und'tr 20,000 square feet; wholesale and light industrial under 40,000 square feet .. 7.7.3 Retail and other non-residential 1 space per 20,000 square operations over 20,000 square feet feet of floor area grounded to nearest whole) _7.7.4 Industrial and. wholesale operations 1 space for first 40,000 square with gross floor area over 40,000 feet, 1 space for each 60,000 square. feet ' over first 409000 up to 400,0009 1 space for each 100,000 over 400,000 square feet 7.8 Obstructions The use of parking and loading spaces shall not.hinder the free movement of vehicles in streets and alleys or pedestrians on sidewalks. I. SECTION 8.0 SITE PIXNS � General E ✓ -�` 1 8.1 8.2 8.2.1 8.2.2 8.2.3 8.2.4 8.2.5 8.2.6 8.2.7 8.2.8 8.2.9 Uses requiring site plan approval in any district shall not be permitted nor shall any building or zoning permits be issued for such uses until -a site plan showing the proposed development.has been reviewed by the Planning Board and approved by the City Council. A reasonable fee set by the City Manager, subject to City Council review, may be charged to offset administrative expenses involved in reviewing the site. plan, Plan Content The site plan shall be prepared by an architect, land surveyor, engineer, or land planner licensed to practice in North Carolina and shall show the following features with proposed dimensions, drawn to a scale not smaller than 1" = 501. Dimensions of lots, location of easements, zoning of property and adjacent property. Proposed use, location, dimensions, and setbacks of primary, and accessory structures. Location and dimensions of streets, vehicular entrances, exits, and drives. Location and dimensions of pedestrian walks, pathways, and passages. Location, arrangement, and dimensions of automobile parking spaces, aisles and bays,'angle of parking, truck loading spaces and docks. General drainage system. Location, dimensions, and materials of walls, fences, buffer strips, and signs. Topography, ground cover, major topographic features, banks, slopes, ditches. Any additional information requested by administrative or legislative officials in order to adequately review the proposed development and/or any required findings. 8.3 Review Procedure 8.3.1 The applicant shall submit 10 copies of the proposed site plan to the City Planner at least ;l4 calerfdar days prior to the Planning Board meeting at which it will be considered. The plan shall not be deemed submitted unless it is complete in its required content. Administrative officials may review the plan and submit comments to the Planning -Board. 8.3.2 The plan shall be reviewed by the Planning Board and shall be forwarded, with Planning Board comments and recoumiendations, to the City Council for consideration. The City Manager shall schedule the application for Council consideration after reasonable opportunity for staff and Planning Board review. 8.3.3 The plan shall be reviewed by the City Council and shall be approved if the City Council makes the following findings: 8.3.3.1 The use will not materially endanger•the public health or safety if located and developed as proposed in the site plan. 8.3.3.2 The use and site plan meet all other requirements and conditions of the ordinance and other municipal ordinances. 8.3.3.3 The location and character of the use, as shown in the site plan informatioi will be in harmony with the area in which it is to be located, conforms with the,City's land use plan and other comprehensive elements and will not substantially injure the value of adjoining properties. 8.3.4 In approving the site plan, the City Council may specify such conditions as it may deem necessary_to execute the intent of the ordinance and assure maintenance of th!conditions in the -above findings. Any such conditions shall be entered in the Board minutes and entered upon the approved plans, and such conditions shall run with the land, remaining binding upon the original applicants and their heirs, successors, and assigns. 8.3.5 If the plan is approved, this fact shall be entered in the City Council minutes and appropriately certified copies of tle approved site plan shall be delivered to the applicant, city planner, zoning administrator, and city clerk. 8.3.6 If plan approval is denied, the reasons for this action shall be entered in the Ci..y Council's minutes and communicated to the applicant. A revised plan may then be submitted in the manner of a new application. In the event of failure to comply with an approved site plan or an 8.3�? P Y PP P Y condition related thereto,.the plan shall immediately become void and of no effect, no further permits for construction or occupancy shall be issued existing permits may be suspended or revoked by appropriate city officials, .and the City Council shall be notified by the City Manager of the plan's violation. -8.4 Revision of Approved Plans 8.4.1 Minor Modifications. Minor modifications of previously approved plans may be submitted to, reviewed by, and approved by the City Manager subject to "call-up" review by the City Council. IA reviewing proposals for minor modifications, the City Manager shall attempt to execute the original intent of the City Council and safeguard the original findings of the Council. Minor modifications approved by the City Manager shall be immediately reported to the City Council and shall become final unless further review is requested by a Councilman within 10 calendar days. 8.4.2 Council Review. Applications for revision of previously approved site plans shall be referred to and reviewed by the City Council in the following circumstances: (1) if the applicant or City Manager determine that the revigion(s) requested are major or significant; (2) if any Councilman desires to further review a modification decision made by the City Manager, (3) if the applicant desires to appeal a modification review decision made by the City Manager and a nuijority of the City Council agrees to consider the appeal. The City Council may, at its option, refer modification requests to the Planning Hoard for comment before_ completing its review. 8.4.3 Conditions; Records. Modification decisions shall have the same standing and authority as the original site plan review decisions may include necessary and.reasonable conditions, and small be permanently filed in the offices of the zoning administrator and the city clerk. c SECTION 9.0 NONCO":FOR UTIES 9.1 Intent Within the jurisdiction and the districts established by this ordinance, there are lots, structures, and uses of land which were lawful before the passage or amendment of. this ordinance or prior zoning regulations, but which are prohibited, regulated, or restricted under the terms of this ordinance. The intent of this ordinance is to allow these nonconformities to continue, subject to limitations, until they are removed and to not assist or encourage their survival. It is the further inttnt of this ordinance that nonconforming lots, structures, anvor uses of land shall not be enlarged, expanded, extended, or enhanced, nor used as grounds for adding other prohibited structures or uses. Nonconforming uses are declared to be incompatible with permitted uses in the various districts. 9.2 / Application This ordinance shall affect all land, structures, and uses of _ land and structures and shall apply as follows: _ 9.2.1 New Uses and Construction. After the effective date of this ordinance, all new uses, structures, and development shall comply with this ordin- ance, including the district regulations. 9.2.2 Conforming Uses and Structures. Land, structures, and uses of land which comply with this ordinance, including the district regulations, may be continued, provided that any structural changes or additions or changes in use must conform fully to this ordinance. 9.2.3 Nonconforming Uses and Structures. Land, structures, and/or uses of land or structures which are prohibited•by - or are inconsistent with this ordinance shall be considered nonconforming, may be.continued only subject to the limitations stated herein, and should be eventually dis- continued under the provisions of this ordinance. 9.3 Continued Use of Nonconforming Property Nonconforming properties may be continued in use as set forth below. 9.3.1 Nonconforming Lots of Record. In any district permitting single-family dwellings by right, a single-family dwelling and customary accessory buildings may be erected on any single lot lawfully recorded before the adoption of this ordinance _or amendments hereto. The lot must be in single ownership; that is, combination of the lot with an adjoining lot in the same ownership in order to meet area and, setback requirements must not be possible. This', provision shall apply even if the lot fails to meet the minimum lot size or width requirements of the district. Yard space and other dimensional requirements of the district shall continue to apply, however, and variance of such requirements shall be obtained only by action of the Board'of Adjustment, except that no appeal for a variance is necessary if other yard spaces are met and the followin such yard setbacks are met: Lot of Record Width Minimum Side Yards 40-49 feet 5 feet *50-59 feet 6 feet 60-69 feet 8 feet 70-74 feet 9 feet 9.3.2 Adjoining Lots. When two or more lots with continuous frontage -are in one ownership at any time after the adoption of this ordinance and such 19ts are individually less than the minimum area or width required in a district, such lots shall be considered as a single lot or (if sufficient land exists) several lots of required area and width and shall be combined to the extent necessary to achieve a lot or lots of the area and width required in the district. Such lots shall comply with all yard space and other dimensional requirements of the district. 9.4 Nonconforming Structures A lawful --structure which existed at the time of adoption or amendment of this ordinance, but which does not comply with this ordinance by,. reason of regulations on area, lot coverage, height, yards, location'on the lot, or other restrictions relating to the structure, may be continued, so long as it remains otherwise lawful, subject to the following limitations: 9.4.1 Enlarjement and Alterations. Nonconforming structures shall not be enlarged and shall not be altered in any way which increases their nonconformity, but may be altered to decrease their nonconformity. 9.4.2 Moving. If nonconforming structures are moved, for any reason, they shall thereafter conform to the regulations of the ordinance. 9.4.3 'Repairs and Maintenance. Ordinary maintenance, repairs, and alterations of a nonconforming structure are permitted, provided that they do not increase area or nonconformity. Normal maintenance, repairs, and altera- tions shall be -considered work not exceeding ten percent of the structure' replacement cost within any twelve consecutive months. 9.4.4 Deteriorated and Dilapidated Structures. If any nonconforming structure becomes physically unsafe or unlawful due to lack of repairs or mainten- ance and is declared by an authorized official to be unsafe or unlawful by reason of its physical condition, the structure shall not be restored, repaired, or rebuilt except in conformity with this ordinance. This steal not prevent strengthening or restoring to a basically safe condition of any unsafe building or part thereof by any official charged with protectil public health or safety. ' 9.4.5 Substantially Damaged Structures. If a nonconforming structure or non- conforming portion of a structure is damaged or destroyed by any means - to an extent -greater that fifty percent of its -replacement cost at the time of the damage, - it may be reconstructed only in conformity with this ordinance. 9.5 ?N'onco!2_ z nfi Ube A use of land and/or structures which %.•as lawful prior to the adoption of ibis ordinance, but which does not comply with the use regulations of this ordinance, may be continued, so long as it remains otherwise, subject to the following provisions. 9-5.1 `? Extension, Enlargement. No nonconforming use of .land or structures 9.5.4 9-5.5 9.5.6 shall be enlarged, expanded, increased, or extended beyond the floor space and land area occupied or be carried on in a more intensive ' manner than existed at the time of adoption of tbis ordinance, except that a nonconforming use may be extended within a building to any parts already clearly arranged and designed for such use. ' Relocation on Lot. No nonconforming user of land shall be relocated br significantly re -arranged in whole or in part on the same lot r unless it thereafter conforms to this ordinance. Discontinuance. If active operation of a nonconforming use is discontinued for any reason for a continuous period of 30,days, or superseded at any time by a permitted use, 'any subsequent use of the land shall conform fully to this. ordinance. Changes of Use. A nonconforming use of land (only) shall not be changed to any use otber.than a use permitted in the zoning district. A nonconforming use of a structure and premises may be changed to another nonconforming use if no significant structural alterations are made and the City Council finds that; (1) The approved use is more in character with•the uses normally permitted in the district than the previous nonconforming use, and (2) practical difficulties or unnecessary hardship woul d.result from strict conformance with the ordinance. If approved, such a use sball.be considered a special exception and may be accompanied by appropriate conditions and safe- guards. Damaged or Dilapidated Structure. If a structure or part thereof occupied .by, a nonconforming use is damaged, destroyed, or. becomes deteriorated to an extent greater than fifty percent of.its replace- ment cost at the time of damage or discovery of deterioration, the structure may not be repaired•for or to a nonconforming use. Uses Permitted As Special Exceptions. Any use which is permitted as a special exception in a district except changes to a more compatible nonconforming use granted by City Council under provisions above) shall not be considered a nonconforming use but shall, without the necessity of furtber action, be considered a conforming use. This provision shall not diminipb the right of the City.Council to impose conditions on sueb'use in a proceeding initiated by any interested party and considered in the manner of a special exception. Registration of Nonconformities Following the effective date of this ordinance, the zoning administrator shall commence diligent and continuing efforts to discover and _ register all nonconformities. To the extent possible, affected property owners or users shall be no of a nonconformity and advised of the provisions of this ordinance related thereto. Property owners and users shall cooperate in giving correct information necessary to the registration of nonconformities. Failure to register a nonconformity or to notify an owner or user shall not adversely affect any of the provisions of this ordinance or the administration and enforcement thereof. SECTION 10.0 BOARD OF ADJUSP10'N'P 10.1 Establishment: Appointment: Purpose The Board of Adjustment is hereby created, consisting of five members appointed by the City Council for staggered three year terms. One member shall be a resident of the extraterritorial jurisdiction. Any vacancy. in the membership shall be filled by the City Council for the unexpired term. Absence from more than two consecutive meetings shall result in automatic forfeiture of membership.. The Board of Adjustment shall serve as a quasi-judicial panel to decide questions of ordinance interpretation and requests for variances. In performinj these duties? -the Board of Adjustment shall act to preserve and.protect the content and intent of' -the ordinance and to authorize deviations from the uniform regulations of the ordinance only under explicit authority or extraordinary hardship. (Reference G. S. 160A-388) 10.2.. Board Procedures - General 10.2.1 Officers. -. The. Board shall elect a chairman and•vice-chairman from among its members, who shall serve two-year .terms or until their successors are elected.' The Board shall appoint a secretary,'who may be a municipal employee knowledgeable in planning and zoning. 10.2.2 Meetings. Meetings shall* be held at the call of the ebairman'or at such other times as the Board may determine' The chairman, or in his absence the vice-chairman, may administer oaths and compel .the attend- ance of witnesses by subpoena. The Board shall adopt rules of proced- ure consistent with this ordinance and State law. 10.2.3 Decisions. I The concurring vote of four members of the Board of .-Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator, to effect variances of this ordinance, or to decide in favor of the applicant upon any other matter which the Board is required to determine. All principal parties shall be informed in writing of any -Board decision and the reasons therefor. 10.2.4 Records. The Board shall keep minutes of its proceedings; recording attendance of members, votes of members. on each question, facts entered in evidence, findings made, official actions, and recommendations. A copy of these minutes shall be filed with the city clerk for public inspection. 10.3 Powers and Duties _ The Board of Adjustment sball•have the powers and duties specified below, and -applications shall.be handled in the manner specified. 10.3.1 'Administrative Review. The Board shall hear and decide appeals when it is alleged that there is error in any interpretation, order, require - went, decision, or determination made by the zoning.administrator in the enforcement and administration of this ordinnnce. 10.3.2 Administrative Review Procedures 10.3.2.1 A written application for review of the administrative action shall be submitted to the secretary of the Board of Adjustment indicating the ordinance provision and administrative action in question, asking a specific question or questions to be answered by the Board, stating the applicant's reasons for alleging that an error has been made by the zoning administrator in administering the ordinance, and providing other relevant data requested by the Board secretary or Board members. Appeals of actions by the zoning administrator shall be filed within 60 days of the interpretation, order, -or other administrative action taken and may be take$ by any aggrieved person'or by any municipal official or body affected by action of the zoning administrator. 10.3.2.2 A timely appeal application shall stay proceedings in furtherance of :the action appealed from, unless the zoning administrator certifies to the Board of Adjustment that a stay would cause imminent peril to life or property. If the zoning administrator certifies that a stay would cause such imminent peril, administrative proceedings shall not be stayed except by an order.of the Board of Adjustment or a court of competent jurisdiction. 10.3.2.3 Upon receipt of an appeal of an administrative action, the Board secretary shall notify the zoning administrator, who shall,promptly transmit to the Board all relevant papers constituting the.record of the action being appealed. The Board shall set a reasonable time for hearing of the appeal and shall give timely notice to the parties"' in interest. 10.3.2.4 The hearing shall beheld and the applicant (appellant) shall present information and evidence relevant to the appeal. The zoning administrator shall present information relevant to his reasons for the administrative action being appealed, and the City may introduce other relevant information concerning the administration of the ordinance. Any person may appeal in person or by agent -or attorney. All testimony shall normally be received under oath. 10.3.2.5 The Board shall render a decision within a reasonable period of time, but need not issue a decision at the time of the initial bearing. The Board shall render its decision by answering the specific questions) asked by the applicant, shall determine whether the zoning administrator correctly administered the ordinance, and shall direct that the - appropriate action be taken by the appellant and/or zoning administrator. 10.3.3 Variances. The Board of Adjustment may grant a variance from the terms of this ordinance when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this' ordinance. In considering an appeal for akvariance, the Board shall insure that the spirit of the ordinance is observed, the public safety and welfare is secured, and substantial justice done. Variance shall be granted only pursuant to special conditiLons ordinarily not anticipated or adequately addressed by the ordinance. Variances shall be granted only in consider- ation of factors specific to the property involved; permitted or.non- conforming uses or structures located on adjoining lands or elsewhere within the jurisdiction shall not constitute justification for a variance request or approval. Variances may be granted from requirements relating to area dimensions, yards) location, height, bulk, and other physical requirements, but may not allow a use not otherwise permitted in a district 10.3.4 Variance Procedures. 10.3.4.1 A written application for a variance shall be submitted to the Board secretary sPecifying the nature of the variance sought, citing applicable -ordinance provisions, providing information supporting the existence of the required findings, and providing any maps, plans, or other relevant data required by the City. 10.3.4.2 The Board*of Adjustment shall set a reasonable time for a public hearing and consideration of the application. All adjoining property owners shall be notified by the city staff using names and addresses supplied by the applicant that a variance request has'been made and also when the request will be considered by the Board. c 10.3.4.3 The hearing shall be conducted and the Board shall hear relevant evidence regarding whether the required findings exist and whether ------ --a variance-'- should be granted: ' Any- person with relevant information":" may give•testimony; all testimony shall be"given under oath. 'Parties may be represented by agents or attorneys as well as in person,•but the Bo.-rd may determine whether evidence given by agents or attorneys constitut facts or whether it is argument or hearsay. It is the responsibility of the applicant to demonstrate that the required findings exist. 10.3.4.4 The Board shall render a decision within a reasonable period of time, but need not issue a decision at the time of the initial hearing and may, call for additional evidence if needed. In order to grant a variance, - the Board of Adjustment must., after a pub! ing has been conducted,__ find that all of the following conditions exist with respect to the property: 10.3.4.4.1 Practical difficulties or unnecessary hardships would result from enforcing the strict letter of the ordinance. Such a determination shall be made only if the Board finds that the applicant has demon- strated that: (1} Strict compliance with the ordinance will deprive the applicant of. any reasonable return from or use of his property; (2) The hardship results -from the application of the ordinance and not other factors; (.3) The hardship is ac'tually•suffered by the land in question (not the general public or other properties); (4) The hardship is not the result of the applicant's own actions or negligence; (5) The hardship is peculiar Eto the.applicantls property, the result of unusual size, shape, or topographic conditions not shared or experienced by other land or structures in the district. 10.3.4.4.2 The proposed variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit. Requests to extend non- conforming uses or permit uses not allowed.in the district are not consistent with this finding. 10.3.4.4.3 If the variance is granted, the public safety and welfare vill remain secure. 10.3.4.4.4 If tbe,variance-is granted, substantial justice will be done. In making this determinations the Board shall examine whether literal administration of the ordinance would deprive -the applicant of rights commonly enjoyed by other property - owners or occupanta'in the district -, and, 'on the otber'hand, whether granting the variance would confer on .the applicant any special privilege denied by the ordinance to dthez- property in the district. - 10.3.4.5 ,If the Board grants a variance, its action shall be accompanied by its reasons for making the required findings and by its certification that the variance is the minimum variance which will make possible the reason- able use of land, buildings, or structures. 10.3.4.6 In granting a variance, the Board may prescribe appropriate conditions and safeguards to minimize the variance and upbold.ibe intent of 'the ordinance. If any required condition or safeguard is not maintained z _ in full effect, the•oning administrator shall treat this as a violation of the ordinance and shall further inform the Board of Adjustment of the violation,,• 10.3.4.7 It is the intent of this ordinance that the requirements for the granting of variances shall be carefully outlined and judiciously exercised to - prevent any unwarranted exercise -of legislative authority by uriautborized officials or bodies. _ 10.3.5 Administrative Pavers. In exercising its powers, the Bo.-rd may,' in accordance with This ordinance, reverse, affirm, or modify in whole -or in part the order, requirement, decision, interpretation, or determination - appealed from and may 'issue such orders, requirements decisions `inter- pretations- or determinations as may -be necessary. In.these actions, the Board shall have all of the powers of the official from whom the appeal was taken. 10.3.6 Amendment Recommendations.. The Board of Adjustment has both the authority - -- -� .-and responsibility to recommend to the Planning Board that amendments to: this ordinance be considered in order to insure its equitable and compre- bensive application, clarify gaps or ambiguities, or otherwise improve its administration and effectiveness. 10.3.7 Appeals from Bo..rd of Adjustment. Any person, public body, or organiz- ation aggrieved by a decision of the Board of Adjustment may, within 30 days of the Board's decision, seek review by superior court by proceedings in the nature of certiorairi. - 10.4 Application Fees. Reasonable fees set by -the City Manager -and subject to review by the. City Council may be charged to offset the costs of handling and reviewing* Board of Adjustment cases. SDCTION 11.0 ADMINISTRATION AND 12,TURCDiEdv'T 11.1 Zoninr_ Administrator A,Zoning Administrator appointed by the City Manager is authorized and directed to enforce and administer the provisions of this ordinance. The zoning administrator may hold other offices or positions concurrently. Appeals from any order, decision, or requirement of the zoning administrator shall be made to the. Board of Adjustment. 11.2 Zoning = ermits . 11.2.1 Permits Required. No building shall be erected., moved, extended, enlarge x. structurally altered, or changed in use, nor shall any land be excavated or filled for construction or changed in use until the zoning administrat has issued a zoning permit certifying that the proposed structure and/or use complies with this ordinance. No building permit or certificate of occupancy shall be issued until a zoning permit has been issued. 11.2.2 Application. -Applications for zoning permits shall be submitted on forms provided:-by_the-zoning administrator and shall, contain information essent to' a 'determination of ordinance compliance such -as, p1Rt plans with lot and/or building dimensions, the locations of buildings and structurds, number of dwelling -units (if any). and setback-lines."and any other infor tion considered necessary. 11.2.3 Permit Term. Zoning permits shall.become.invalid unless the work�oc.cupan -or use authorized are commenced within 6 months of permit issuance or if work is suspended or abandoned for one year, or if use or occupancy is suspended for 6 months. 11.2.4 Permit Effect.- Zoning permits and certificates of compliance issued on the. -basis of plans _and.appli.:ations approved by the zoning administrator authorize only the use, arrangement, or construction as shown therein. Use, arrangement, or construction at variance with that authorized is a violation of this ordiance. 11.3 Certificate of Compliance 11.3.1 - Certificates Required.- A certificate of compliance issued by the zoning administrator and certifying that the building and/or premises is ready for occupancy in conformity with this ordinance, is required in advance of occupancy or use of a building hereafter erected, altered, or moved or change of use of any building or land. Application. A certificate of compliance.for a whole or part of a building or premises shall be applied.for within 10 days after the completion of any erection, alteration, or other preparation for occupancy of use. A certificate of 'compliance shall. not be issued unless the proposed use of land and/or buildings complies with this ordinance. I1_the certificate .is denied,..tbe zoning administrator shall notify the applicant in writing of the reasons for 'refusal. A record of all certificates shall be kept on file iri the office of the zoning administra and copies shall be furnished on request to any person. 11.4 7onina Administrator Powers.' 11.4.1 Primary Administrator. All questions of interpretation and enforcement shall be initially presented to and determined by the zoning administrato3 Subsequent recourse shall be, in order, to the Board of Adjustment and the courts. 11.4.2 Enforcement Means.- The zoning administrator may enforce this ordinance by withholding zoning permits, and compliance certificates, by seeking injunction, mandamus, or other judicial action to prevent, correct, or abate uQlawful construction, conversion, alteration, occupancy, or use, and by seeking warrants for prosecution of ordinances violators.- 11.5 Violation Remedies - 11.5.1 Complaints.. Any person alleging a -violation of this ordinance may file a written complaint with the zoning administrator. Upon receipt of a written complaint, the zoning administrator shall investigate the matter within 10 days, and take appropriate action to abate any verified violation. -A complete record shall'be kept of all written complaints received and the actions taken pursuant thereto. 11.5.2 Remedies. When any building is erected, constructed, reconstructed, altered, repaired, converted;' or maintained, or any building or land is used in violation of this ordinance, the zoning administrator, or any other appropriate city_authority,---or any person who would be damaged may institute an action for injunction, or mandamus, or tither appropriate. action or proceeding to prevent or halt the violation: 11.6 Penalties - Any-persozi,,- firm,* -or corporation who violates any provision of this ordinance shall be guilty .of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not exceeding fifty dollars or by imprison— ment td exceed 30 days. Each day the violation continues shall be considered a separate offense. Work carried on in violation of the cancellation of any permit issued under this ordinance shall also be deemed a violation punishable .in the same manner. a- SMTION 12.0 AMJINA.:`i II'TS 12.1 Principles - Amendments'of the teat and zoning map of this ordinance may be undertaken from time to time in order to carry out the purposes stated 'in .this.ord'ininc axid to improve this ordinance's ability to 'effectively carry out'those purposes. Proposed amendments to the ordinance shall be considered significant potential changes in the ordinance's ability to assist the implementation of the city's land use plan and comprehensive plan elements. Proposed amendments should be considered with significant attention.to the issues of whether they promote health, safety, and the general welfare, encourage the most appropriate use of land, and implement the city's land use plan and other comprehensive plan elements. ►►. _ Because the zoning ordinance is based on the city's land use plan and other comprehensive plan elements, amendments (particularly proposed map changes) sbould be carefully examined to determine if they are justified by an error in the - original provision or classification -or whether circumstances have changed sufficiently to make -the existing provision or district inappropriate. Absent such justifications, an"amendment may be unneeded.- In -applying district classifications in particular, the city's need for various types and"amounts" of uses, as well as ' the suitability of.. the land for such uses, should be principal -determining factors. 12.2 Limitations - - Zoning classifications shall not be established nor the official zoning map amended in the following manners: 12.2.1 Conditional Zoning. Zoning classifications shall not -be -based on conditions of time and/br development which will result 'in an auto- matic classification change at a future date. _ 12.2.2 - Contract Zoning. Zoning classifications shall not be based.on assur- ances by an applicant or conditions imposed by the City Council that rezoned property will be developed in.a particular, limited fashion. 12.2.3 "Spot" Zoning. Zoning classifications shall not be adopted.in-.a_manner - t or places special restriction upon a part - which -confers special benefi icular parcel of land, nor adopted in a manner which classifies a relativ small area differently from surrounding property of similar nature and logical use, without sound basis in the purposes of zoning as set forth in ibis ordinance and state law. 12.3 Amendmend Procedures. .12.3.1 Standing. A petition for a zoning ordinance amendment may be initiated by the City Councilr Planning Board,' any department or official of the City, or any, citizen residing or owning property within the zoning jurisdiction of the Cizy. -. •... 12.3.2 Application. Applications to `amend the zoning ordinance ahalI be filed with the City Planner at least lei calendar days prior to the Planning Board meeting at which it is to be considered. The application shall be submitted in the number of copies specified by the City and shall include information necessary to review of the application, including the applicant's full name; address, and interest in any affected property, a description of the property (if applicable), and the nature of -the. 12.3.3 12.3-A amendment requested, and a statement of what changed conditions make the, amendment necessary to the purposes of zoning and the implementation of the City's land use plan and other comprehensive elements. If the requested change is a zoning map amendment, an accurate map or diagram of the property proposed for re-classification should be submitted, including property lines with dimensions, north arrow, adjoining streets and their widths, the location of all structures, the existing uses of• land at the site, and the current zoning classification of the property and adjoining properties. A reasonable application fee set by the City Manager, subject to City Council review, may be 'charged to offset advertising and administrative expenses in processing the application. Staff Review. Copies of -the application shall be distributed to the staff personnel for review and comment, and be forwarded with recommendations to.the Planning Board. Planning Board Review._ The application and any staff comments shall be considered by.the-Planning Board at its first regular meeting following submission of the c,mplete application. The Planning Board shall submit. its recommendations anvor comments to the City Council in writing - .within 35 days following its -initial consideration. If the Planning Board fails to submit•a report within 35 days, it shall be considered to have no objection or substantive comment to offer and the City Council may proceed to consideration of the petition. The -Planning Board may, if it wishes, conduct a preliminary.public hearing on the proposed change and/or may sit concurrently with a public hearing'conducted by the City Council. In making its recommendations on any zoning district changes, the Planning Board shall consider such factors affecting the use of land as its natural features, community facilities, economic needs,•environmental. quality, official plans, transportation, legal factors, and public_ services impact. 12.3.5 City Council Review. Following receipt of the Planning Board's recommend- ation or expiration'of the_35 days, the City Council may proceed to consideration of the proposed amendment. Prior to adop tion.of any - - amendment, the City Council.shall conduct a public hearing, -which shall be advertised for two successive weeks in a newspaper of general circulation in the city, the first time at least 10 and not more than 25 days prior to the hearing date. (At its option or by agreement with the Planning Board, the City Council may conduct the hearing prior to issuance of a Planning Board recommendation. The City Council may also elect not to conduct .a hearing if it feels that an application lacks sufficient merit to receive further consideration. In review of the applications the City Council shall consider staff and Planning Board recommendations, the'relationship of the proposed amendment to the'land use plan and other elements of the comprehensive -----plan,-information given by=the applicant and the public, and -principles of good land use planning.' If, after a public hearing, the City Council determines that the amendment is consistent with the purposes of zoning and the City's land use plan and other comprehensive elements, it may adopt an ordinance amending this Zoning Ordinance. 12.3.6 Petition Withdrawal. Any petition for amendment of this ordinance ma be withdrawn at any time prior to an actual amendment by the person(s) initiating the request, upon written notice to the secretary of the board considering the petition at that time. Withdrawal of a petition by an applicant shall not prohibit further consideration of possible amendments by the appropriate officials and public bodies if they determine that the petition raised significant questions of need for review of the ordinance. 12.3.7 Reconsideration. When the City Council has•denied or tabled an application for a zoning classification changev no application for'the same change affecting the -same property or a portion -thereof shall -be accepted for at least one year from the Council's action. This limita- tion may be waived if reconsideration is voted by four -fifths of --the Council-'s membership. Petitions withdrawn prior to City CouncillIs action may be re -filed after 6 months. 12.3.8 Changes in Official Zoning Asap. Changes in district boundaries or the extraterritorial jurisdiction shall be entered on the Official Zoning Map promptly after such changes have been approved by the.City Council. No change.in the Official Zoning Asap shall be valid unless all previous changes have been properly entered on the Official Zoning Map. c SECTION 1i.0 CITY OF J:1C1;S0`.VIL1.E ?;OFILE 110'U- IAA: AND SUBDIVISION ORDE ANCE Pursuant to North Carolina General Statutes G. S. 160A (381-392), G. S. 160A (371 et. seq.), G. S. 160A (441 et. seq.), and G. S. 160A (174), the Jacksonville Mobile Home Park and Subdivision Ordinance is adopted as of to be a part of the City of Jacksonville Zoning Ordinance. This ordinance shall enforce minimum standards for mobile home developments; establish require- ments for the design; construction, alteration;'and extension of mobile home developments; provide for maintenance regulations of mobile home developments; authorize the issuance of permits for construction, alteration and extension or mobile home developments; authorize the issuance of licenses to administer mobile home developments; aithori.ze the inspection of mobile home developments; and fix penalties for violations. 13.1 Intent Because of the special problems related to mobile home developments that -are not necessarily associated with other subdivision deve..opments, it is pecessary to provide for a separate standard relating to their construction so as to: 13.1.1 promote the safety -and health of the residents of such communities.and of other nearby communities. 13A.2. encourage economical and orderly development of such,communiti-es- and other nearby areas. 13.1.3 provide appropriate locations with improved amenities within the community which are accessible to and specifically for mobile homes, including renter or owner units. The provisions of this ordinance shall apply to all mobile home parks or subdivisions within the Planning and Zoning Jurisdiction of Jacksonville. 13.2 - Definitions 13.2.1 Mobile Home: A mobile home is' defined as a factory built structure, transportable in one or more sections, which is 8 feet or more in width and 32 feet or more in length, and which is built on a permanent chassis, and when connected to required utilities is designed to be used as a complete dwelling unit with essential living facilities and utilities, and is designed to be used with or without permanent foundation. 13.2.2 Mobile Home Park: A mobile home park is that portion of a mobile home deve.opment containing more than two mobile home lots with mobile home stands for rental purposes to accomodate a mobile home for occupancy. 13.2.3 Mobile Home Subdivision: --A mobile home subdivision is that portion of a 13.2.4 _ mobile home development containing more than two mobile home lots for purposes of sale for residential occupancy by mobile home owners'. Mobile Home Development: A mobile home development is a contiguous parcel of land containing one acre or more, which has been planned and improved for -tbe-placement:of more -than --two mobile homes, and has been granted a special exception permit by. the Jacksonville City Council. 13.2.5 Mobile home Lot: ` A mobile home lot is a parcel of land of required size for purposes of mobile home placement and exclusive use of its occupants). 13.2.6 Mobile Home Stand: A mobile home stand is the area of a mobile home lot which has been. reserved and prepared for the placement of a mobile home. 13.2.7 Mobile Home Development Management Program: A mobile home development management program is a requirement that the owner.or developer of a mobile home development must provide so as to insure proper care and supervision of the mobile home development. 13.2.8 Community Water or Sewer System: A community water or sewer system is required where there is no public water or sewer and shall be approved by the Onslow County Health Department. The system is a central one that serves al'l.mobile homes and is not publicly. owned. 13.2.9 Special Exception Permit: ._.-- A special exception permit is a permit authorized by the City Council for construction of a mobile home development to proceed as planned and in accord with this ordinance and with final approval by the City Building Inspector upon completion of the development. 13.2.10 Operating Licenses: An operating license is an operating permit issued by the City Bui�ding Inspector to the developer, owner, or operator of a mobile home develop- ment upon completion of the development in compliance with the require- ments of this ordinance and in accord with the agreed upon plan as approved by the special exception permit. 13.2.11 Mobile Structure: A mobile structure is a transportable, prefabricated. building constructed and designed for transportation on its own chassis after fabrication and intended for use other than residential. These buildings may or may not have toilet and washroom facilities and connections to -plumbing outlets. Examples include but are not limited to mobile classrooms, mobile' clinics, mobile professional offices,•or mobile sales offices. These structures shall meet Underiariters Laboratory'certification and all State and local codes for mobile home registration,'foundations, and anchoring. This definition does not include modular units transported on a.flatbed or other trailers which meet conventional house 'construction standards. A converted or modified home does not meet the criteria of a mobile structure. 13.2.12 13.2.13 13.3 13.3.1 13.3.1.1 13.3.1.2 13.3.1.3 .-.-13.3.1.4 13.3.1.5 13.3.1.6 13.3.1.7 13.3.1.8 13.3.1.9 - 13-3.1.10 13-3.1.11 Travel Trailer: A travel trailer is a wheeled vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes, having a body width not exceeding j eight '(8)- feet. This is also intented to include structures mounted (, on auto or truck bodies that are referred to as campers. Modular or Sectional.Structures: " A factory -fabricated transportable building not built on its own ! chassis and designed to be used Ly itself or to be incorporated with i similar units and requiring a foundation at the site. A sectional_ structureLis a dwelling'or other structure made of two or more units transported to a building site, joined together, -and placed on -a foundation.- Modular or sectional structures are distinguished from 1 mobile homes by not having a permanently built on chassis and by i requiring a foundation for support. Modular or sectional structures as such do not fall under the provisions of this mobile"homepark and subdivision ordinance, but instead are considered dwellings or - structures and shall meet appropriate zoning, subdivision, or building code requirements. , APPLICATIOW FOR SPECIAL EXCEPTION PERMIT REQUIRED Application Requirements: . It shall be unlawful for any person to construct, alter or extend any mobile home development within the planning and zoning jurisdiction of Jacksonville unless he obtains a special exception permit approval for the specific construction,. alteration, or extension proposed. All applications shall contain -the following: The area and dimensions of the tract 'of land and relationship.to adjacent areas. - The.location of all mobile home lots 'or mobile home'stands. The location and width of roadways, including proposed, existing,. and adjacent access roads. . Plans and specifications of the water supply and sewage disposal facilities. Plans and specifications of all community service buildings. Surface water drainage plans... - Sedimentation control plans. _ All structures in the park site (present or proposed). , _Recreation areas and proposed -facilities. Method of surfacing roads within the park.. Vhere city water and sewer is available, approval by the City of Jacksonville; where city water or sewer is not available, approval required for: proposed system. by Onslow County health Department. 13.3.1.12 wooded areas, rarslies, swamps, floodways and flood plains (as shown on the raps prepared by the Corps of Engineers for the Federal Flood Insurance Administration) and other conditions s affecting -the site. 13-3.1.13 j Zoning classification(g) of the park site and adjoining properties. 13.3.1.14 In the case of any park which is located wholly or partly_within �- an -"area of environmental concern" or conservation land classification, as such is designated in the City Land Use Plan and by the Coastal { ResourcesbCom-nission, the Planning Board or City Council may require evidence which in its judgment' is satisfactory to -show the issuance and compliance with any necessary permits or limitations. 13.3.1.15 In the case of any park involving land or facilities dedications, restric-tive convenants created by the developer, or a property owners • association (mobile home ownersor travel trailer owners' association) created by the developer, the Planning Board or City i Council may require -the submission of all legal documents relating _. to --such things and may also require the City Attorney to review such documents as to their legality it the expense of the developer. 13-3.1.16 In the case of any park•involy ing any facility, project, activity, undertaking, or development which may require a permit under any federal, state, or local laws or regulations,• the Planning Board or City Council may require- -evidence which in its judgment is = satisfactory to show the 'issuance of such permit or the exemption of such facility, project or development from the requirement for such permit. 13.3.1.17 Any other information considered by either the developer or the -- — --Planning Board to be pertinenttothe approval of the application including: 13-3.1.17.1 13.3-1.17.2 An environmental impact statement if the proposed park or expansion of an existing park exceeds two acres in size and if the Board deems it necessary due, to the nature of the land or peculiarities of the proposed layout. Design data for any dwellings to be constructed or considered. 13.3.2 Application Review: Ten complete copies of the special exception application for a mobile -home park or subdivision shall be submitted to. the City Planner 14 calendar days before the Planning Board meeting at which it is to be considered. The plans shall not be deemed submitted unless it is complete in its required content. Administrative officials may review the application and submit comments to the Planning Board. Applications __=.:. for= -special exception permit -shall-then be reviewed by_ the City -Planning Board who shall make recommendations to the City Council. The Planning Board may require resubmittal of a revised plan, if the proposed plan is not in accord with the provisions of this ordinance or considered to not meet the development standards. Failure on the part of the Planning Board to act within sixty days after the plat is submitted to the Planning -- Board shall be deemed as, approved by .the Planning Board. Reasonable Zees as determined by the City Manager subject to City Council review, shall be charged for processing a special exception permit for a mobile home park or subdivision. 13.3.3 Application Decision Process: The City Council shall make the final decision. A public hearing may be held by the City Council and in making a final decision, the City Council shall evaluate the special permit application and make findings as follows: 13.3.3.1 That the use will not materially endanger the public health or safety if located where proposed and developed according to plan submitted and approved; 13.3.3.2 That the use meets all required conditions and specifications; 13.3.3.3 That the use will not substantially injure the value of adjoining +or abutting property, or that the use is a public necessity, and; 1 3.3.3.4 That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general -conformity with -the City of Jacksonville Land Use Plan and other comprehensive plan elements. - 1'3.3- 3.5. In determining the findings, the City Council shall consider among other findings: 13.3.3.5.1 The potential adverse effect the mobile home development might have on the character of adjacent districts, property values, or any adverse effect on the developement itself. 3.3.5.2. Whether or not the proposed mobile home development meets the require— ments of this ordinance and all applicable local, state, or federal requirements, and is in keeping with the City's Land Use Plan,and other comprehensive plan elements. 33.3.4 Special Exception Permit Approval or Disapproval The City Council may require the developer to submit a revised plan, -if the development is not approved or conditionally approved. If the development is. -not approved tire -reasons for such action shall be stated, and recommendations made on the basis of which the proposed development could be approved. Approval of the special exception -, permit by the City Council shall be the authorization for the mobile home development construction to begin with authorization to proceed in obtaining necessary building permits. 13.4 ASSURANCE OF COMPLETION AS PLANNED AND APPROVED BY THE SPECIAL EXCEPTION PERMIT 13.4.1 Within one year -after approval of a special exception permit, the mobile home'development shalr'be completed :as required for final approval and issuance of an operating permit. An extension of time may be granted by the City Council, but shall not exceed two years from the date of approved special exception permit. Additional time shall require reapplication for a special exception permit for construction to continue. 13.4.2 In certain cases, as determined by the City Council with recommendations - from the City Planning Board, guarantee of improvements shall be required as set forth in the City of Jacksonvillle Subdivision Ordinance. I3.5 OPEJUM14G LIMSES AND SPECIFIC REQU7REMEhTS FOR F113AL APPROVAL 13.5.1 Issuance of Operating License and Final Approval: Upon completion of the mobile home development as planned and in accord with this ordinance, and upon a final inspection by the City Building Inspector to insure compliance, an_.Operating License and Certificate of Zoning Compliance shall be issued by the Building Inspector as final approval. It shall be unlawful .for any mobile home development to occur, operate, or be contructed, expanded,.or altered without: ' 13.5.1.1 Being authorized by a special exception permit, and 3_3..5.1.2 Bolding an operating license upon final approval of such 'development which is renewed bi-annually. 13'..5.2 Mobile Rome Park Final Approval: For final approval of a mobile home park the following elements shall be complete as planned and in compliance with this ordinance: 13.5.2.1 Construction of streets, utilities (including'primary and individual water, sewer, and electrical systems) drainage ways, common and individual parking areas, mobile home stands, utility connection _ facilities, recreation area, required special facilities, layout of lots, and required environmental amenities. 13..-5.2.2 11obile home development management program. 13.5.3 Mobile Rome Subdivision: For final approval of a mobile home subdivision the following elements shall be complete as planned and in compliance with this ordinance: 1.3.5.3.1 Construction of streets, utilities (including primary distribution of water, sewer, and electrical system, but does not have to include individual utilities to or connections on individual lots or - home stands), drainage ways, common walks, recreation areas, _mobile required special facilities, layout of lots, and required environmental amenities. 13.5-3.2 Mobile home development management program. . 13.5.4 berating License: ` Operating licenses shall be renewed annually and shall be obtained upon annual inspection and approval by the City.Building Inspector. A reasonable fee set by the .City Manager subject to City Council- review, shall be charged for inspection.and issuance of eacbr'operating,license. 1 6 _ MOBILE ROME PARK AND SUBDIVISION DEVELOPMENT STAITMARDS 13.6.1 Area Requirements: The minimum area required for the development of a mobile %come park' or subdivision shall be one acre. In addition, condition of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the residents. The site _ shall not be exposed to 6bj ectionable smoke, dust, noise, odors, or other adverse influences, and no portion subject to predictable sudden flooding, or erosion shall not be used for any purpose which would expose persons "or property to hazards. 13.6.1.1 The minimum lot size for a mobile home park shall be at least 3,500 square feet and 35 feet wide for each mobile home. The minimum lot size for a mobile home subdivision shall be at least 5,000 square feet and 60 feet wide for each mobile home. These -- minimum lot sizes shall require both city water and sewer. The Onslow County Health Department lot size requirements shall prevail in situations where public water or city sewer are not provided. 13.6.2 General Development Standards:' , The following general standards for a mobile home development shall be complied with: 13.6.2.1 Mobile Home Placement 13.6.2.1.1 No mobile home 'shall be located closer than 20 feet from any -'other mobile home or_permanent building within the mobile home development, except in the case of accessory structures on the mobile home lot, in which case 10 feet shall apply. 13.6.2.1.2 A1>_ mobile homes shall-- be -located at least 25 feet from the property boundary line and at least 10 feet from other boundary or lot lines of the development. 13.6.2.2 Recreation Areas and Screening 13.6.2.2.1 Not less than 8 percent of any mobile home development parcel shall be provided for a recreation area and facilities unless otherwise indicated. This area shall generally be provided in a central location suitable for such use. In larger developments of more than 10 acres, recreational areas and facilities may be de -centralized, provided one _ large play area to accomodate a ball or playing field remains intact. Recreational areas may include space for community service facilities, - such as indoor recreation, hobby and craft areas, service functions (laundry, office, and lavatories), and swimming pools. Recreational areas shall be permanently' reserved by legal easement or dedication and require a legal and.binding agreement for the provision and - maintenance of recreational areas and facilities. Subject to City Council approval, the City off -Jacksonville Recreation Department may participate in any such agreements.- 3 56.2.2.2 Where individual lot areas are substantially above the minimum standards by 50 percent or more, an exemption shall be granted in required • --. recreation area td an extent that an absolute minimum of 100 square,: feet per lot shall be considered sufficient for the recreation area, provided that no recreation area shall contain less than 3,500 square feet for a mobile hone park and 5,000 square feet for a mobile home subdivision. However, the City Council nay require the dedication and development of a larger central area in mobile home developments greater ` than 10 acres for -purposes of.a recreational area owned by a home owners' association or by the City. 13.6.2.2.3 Where a mobile homy development is less than 2 acres or has fewer than 10 mobile homes, the recreational area and facility requirements may be exempted by the City Council. 13 .6.2.2.4 A minimum area of 20 feet wide shall be reserved and maintained for screening or buffering purposes around the entire mobile 'home development outer boundary or property line. This buffer or screen area shall not be deducted from any mobile 'home. lot that borders the boundary. The screen or buffer area shall be _ provided as follows: �13.6.2.2.4.1 All mobile home development boundaries adjacent'to streets, railroads industrial or commercial uses, or any other incompatible use with residential development shall be provided with sufficient screening in the form of an 8 foot high fence or natural growth (trees, and • _ landscaped plantings, or. open space) to shield the mobile home development"residents from adverse effects of imcompatible uses. �. Ij.6:2.2.412 All mobile home park boundaries adjacent to residential uses shall be provided with'screening in the form of natural growth.- 13.6.2.2.4.3 A buffer of open space without natural growth or fence buffer may be sufficient along boundaries adjacent to the natural environment, such as kater.courses, forest, or open fields, provided adequate ,. screening shall be provide4 if incompatible uses occure intihese areas after the mobile home development occurs. 13.6.2.3 Mobile Rome Development Improvements Mobile home development improvements, such as streets and related site improvements shall be provided as follows:." 13.6.2.3.1 Traffic Circulation and Street Design: All mobile•home developments shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such' access shall be provided by streets, driveways, or other means. Entrances to mobile home developments shall have direct connections to a public street and shall be. designed -to allow free movement to traffic on such adjacent public streets. No parking shall be permitted on the entrance street for a distance of 100 feet from its point of beginning. The street system shall provide convenient circulation by means of properly located and well drained street layo convenient access, provided to each mobile 'home stand and other _with facilities. The access to. each stand on the mobile home lot shall be reserved for such use.and kept free of immovable obstructions with the exception of small plantings. This access shall be aligned and graded for safe and 'efficient movement of the mobile 'home, but need not be paved. Dead-end streets sball be limited to 500 feet in length with their closed end providod'iaith adequate turnarounds or cul-de-sacs consisting -of at least 80 feet in diameter. The street system shall be designed and graded -for adequate drainage and provid ample movement, turning, and maneuvering space for safe and efficien handling of any mobile home as well as normal traffic use. Tight corners, curves, or access spaces shall be avoided. A minimal street _ rights -of -way, dedicated to the City, of 50 feet shall be reserved to insure adequate"unobstructed maneuvering space for -traffic circulation",, utility easements, planting, common walks, and street pavement with curb or valley gutters. Pavement shall be of adequate widths to accommodate any contemplated parking and traffic load. Minimal paving widths (face to face of curb) shall be twelve feet per traffic lane with eight feet for any parallel parking lane. Pavement shall be of appropriate material consisting of a prepared base or sub -base composed of a uniformly graded, durable, well drained, and compacted material two to four " inches thick, and a smooth and hard wearing surface composed of bituminous concrete, cement with expansion joints, or other dense apd durable material one to five inches thick. Pavement edges shall be protected by mountable curbs or concrete valley gutters to prevent edge raveling and shifting of the base,. as well as provide for drainage. The surface and curbs or gutters shall be maintained free of cracks or holes. Street intersections should generally be at right angles with intersections of more than -two streets or off -sets at intersections avoided. Street grades shall be sufficient to insure adequate drainage and safe _ traffic flow.- - _ Potentially hazardous locations, such as major street intersections, speed bumps, steps, or stepped , ramps shall be individually illuminated. 13.6.2.3.2 2•iaintenance and Reservation: In additions to the street standards above, all streets considered for state maintenance shall also be designed to -meet -the Department of Transportation,, Division of 'Highways, Minimum Design and Construction criteria. All streets considered for state or local maintenance shall be dedicated and approved as set fortis by the Department of Transportation or the City of Jacksonville Subdivision Ordinance. All streets considered for private maintenance shall be by written and legal agreement -binding to all current or -any future owners of the development.:_ However, all streets shall be reserved through dedication or easement to the appropriate authority or organization for the safe and convenient access to each mobile home lot or community service facility. 1 3.6.2.3.3 Parking:-- Improvedcar parking spaces shall be provided -to meet_ the needs of the mobile home occupants and guest, but shall not be less than two car spaces for each lot. These spaces can be provided in tandem -off-street, or as one off-street and one on -street parking facility. 1.3.6.2.3.4 Mobile -Home' Stand Driveway:- -An improved driveway at least 10 feet wide shall be provided where needed to allow access to the mobile -home. The off-street parking space and driveway can be combined. c , 1'3.6.2.3.5 Valks: Common walks shall be provided in locations where pedestrian traffic is concentrated, for example between a concentration of mobile liomes'and--a"community facility, office, or other important facilities, or where. pedestrain traffic walks, shall be at least 3 feet wide without barriers to the handicapped. Sidewalks may be combined with street sides or curbs. In addition, individual walks should be provided to all mobile *home stands and connected to common walks, or to streets, driveways, or parking spaces. Such individual walks small nave a minimum width of ll� feet. 33,,6.2.3.E Drainage: Places for the collection and disposal of surface and subsurface water shall be provided in the form of paved gutters, or drain lines. These drainage facilities shall be constructed of adequate size, design and material to be durable and appropriate for -proper drainage. Drainage facilities shall be -assured by public rights -of -way or easement and can be included in the street rights - of way. All drainage facilities shall be 'enclosed, included in the curb design, or attractively constructed. 13.6.2.4 The Mjobile Home Lot The mobile home lot shall have the following improvements.` 33.6.2.4.1 Aot corners shall be appropriately marked in a mobile home subdivision. 13.6.2.4.2 Each mobile Home lot shall be provided with the following prior to or at such time as the mobile home is located -thereon.., These provisions -sba11 lie provided by the developer, developers, or owner of a mobile• home park, and may instead be provided by the individual lot owner_in'a mobile home subdivision. 13.6.2.4.2.1 Each mobile •home lot should be provided with an outdoor living and service area. Such area should be improved as necessary to assure reasonable privacy and comfort. Th; minimum area should be not less than 300 square feet with a - least dimension- of -15 feet. =' 13.6.2_4.2_2 Individual walks, parking spaces, and driveways 'shall be provided according to standards as stated in this ordinance. 13.6.2.4.2.3- A mobile home stand shall be provided to react as a f ixed support for the mobile home and frame. The stand shall be designed so as to remain intact without unsafe deformation or abnormal internal movement under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind, or other forces acting on the structure. The mobile home stand shall be graded for adequate surface drainage. At. minimal •the stand shall contain runways along the entire stand length for the mobile home frame supports and shall be constructed of•a suitable and durable material capable of supporting the weight of 'the mobile 'home during removal, placement, or normal use operation. Four inches of well -compacted gravel for the stand area with four inches* of reinforced cement or bituminous concrete for the runways are considered suitable material. The stand shall be sized and shared to fit the dimensions of the mobile home it will accommodate, and only the size mobile•home that can be accomodated by the -stand; and runway sivze and shape shall be allowed, unless provisi 'have beenimade for stand expansion and the necessary expansion complete 13.6.2.4.2.4 The mobile--hohne •stand shall include adequate provisions for utility - connections as set forth in the State of Vorth Carolina Regulations for Mobile Romes and administered by the City Building In-spector. 13.6.2.4.2.5 Mobile home frame supports shall be provided on the mobile home stand and consist of foundation walls or piers either continuous or made • - - every 12 feet on' centers'..along'the runway'or stand according to, the provisions as set forth in State of North Carolina Regulations for T;obile Romes. Special footings shall not be required with an adequate mobile home stand as set forth above. All such supports for mobile home develor)ment within the flood plain shall be elevated to insure that the mobile home floor is above the base flood elevation for that area or insurance zone as administered by the City Building Inspector. 15.6.2.4.2.6 Provision for ground anchors shall be made along each side of the . mobile 'some stand to permit tie downs of mobile homes and shall be not more than 12 feet on centers beginning and ending no more than 6 .feet from the mobile home front line and rear line. . Tie downs shall bein accord with the State of Vorth Carolina Regulations for Mobile homes. 13.6.2.5 The Mobile Nome Development shall rave provisions for the following utilities as indicated: -13. 6.2.5.1--, An accessible, adequate, safe, and potable water supply, as well as ' sewage -disposal. system shall be provided to all mobile homes, usable subdivision lots, and service facilities in the mobile 'home development. The supply and facilities shall be adequate for fire protection, according to the local fire department requirements. -Where possible, _ public water and sewer' systems shall be provided bya.the developer or developers and sball be in accord with local and state standards and • require all new materials shall be used. Where on- or both water and sewer are not available, the local health department regulations _ shall prevail and any system shall be approved by the Onslow County Realtb Department. Mere city water and sewer is available, the following shall be provided by developers) or ownerXs) of a mobile _ home park or by individual lot owners in a mobile home subdivision. 13.6.2.5.1.1 An individual water connection from a public or community water supply shall be provided at each mobile home stand and'shall be constructed a safe distance from the sewer connection, it shall consist of a minimum 2 inch buried line and a riser terminated at least 4 inches above the -ground with two 3/4-inch valved and threaded outlets. The riser shall be protected within a concrete curb or collar 'having a minimum thickness of 3 inches with sloped finished grade, and extending 12 inches from the riser in all directions. Adequate provisions shall also be made to prevent freezing. 1p.6.2.5.1.2 An individual sewer connection from a public or community sewer -- system sball be provided to each mobile home stand and consist of a 3 inch sewer connection located within the rear one-third of the stand. The sewer lines feeding fr6m the connection 'shall be a'.watertight :' line laid in a trench and graded to insure adequate velocity. Adequate _ clean outs for theilin e shall be provided. The sewer connection shall consist of a 3 inch riser"protected with a concrete curb or collar of similar construction as for the water riser. The connection shall be equipped with couplings that assure tight joints. Plugs shall be provided when a mobile home does not occupy the stand. 1.3. 6.2.5.2 • Connection of -the mobile 'home to the water and sewer connections shall require a connection.permit from the City Building Inspector. In addition, all major distribution and collector -lines for a city water and'sewer system shall be constructed to city specifications and regulations or installed by the city at the developer's cost or under the prevailing city standards at the time of "development. All major distribution and collector -lines to be maintained -- by the City small be along easements or land dedicated to the city for maintenance purposes. 1-3.6.2.6- Individual mobile home standards shall 'be as follows: 1:3 6.2. 6.1. Construction standards: - - .11 mobile homes within a mobile 'home subdivision shall meet the Tational 2:6bile Tome Construction and Safety Standards Act of 1974. All mobile homes within a mobile home park shall comply with the - National Mobile Home Construction and Safety Standards Act of 1974. 1.3.6.2.6.2 Skirting: All mobile homes within a mobile home_paik shall have. temporary skirting installed in accordance with the instruction of the park management: All mobile homes within a mobile home- subdivision shall have a permanent skirting installed of brick, cement block, aluminum, or similar material. 13.6.2.6.3 Foundation and Anchoring: All mobile homes within a mobile home park shall not be permanently attached to its support foundation, but shall be properly anchored or provided with tiedowns in accord with the State of North Carolina " Regulations for Mobile Homes. All mobile 'homes within a mobile home - --subdivision -shall- be* permanently attached to its support foundation and shall 'be properly anchored or provided -with tie downs as set fortis in the State of North Carolina Requirements for Mobile Homes. In addition, wheels shall be removed and tongue or hitch removed or enclosed by the foundation or skirting for mobile homes in mobile home subdivisions. i3.6.2.6.4 Steps: Steps shall -be provided to all mobile 'home entrances by the mobile ' home owner, and shall be durable, safe and convenient to maintain. 13.6.2.6.5 Accessory Buildings and Related Structures: Accessory buildings or structures, such as cabanas, ramadas, storage sheds, carports, fences, porches, or windbreaks are permitted, provided trey are constructed and maintained in accord with appropriate mobile 'home park management requirements and local regulations. 13.6.2.7 Special facilities required for a mobile home development shall be as follows: .. . 13.6.2.7.1 management office consisting of office and one restroom facility. 13.6.2.7.2 :'anagement storage facility, for storing utility, accessory, and r:aintenance materials, supplies, and equipment. 1;3,6.2.7.3• Laundry and amargency toilets for each sex for every• 50 mobile . home units. The laundry facilities can be coin operated and shall be required unless there is a convenient or commercial laundry within close proximity or if the equipment will not rave sufficient use. The above facilities can be combined into a multi -purpose service building, mobile structure, or other structure. Mobile home developments less than 3 acres shall not require the above facilities,- but shall require a management program. _ 13.7 REQUIRLMENTS FOR MOBILE HOME PARK OR SUBDIVISION MANAGEMENT PROGRAM A mobile home park or subdivision shall be required to rave a management program. .This program shall be as follows: 1.5 7.1 The owner or developer(s) of a mobile home park or subdivision shall be responsible for providing a person or manager in charge of a mobile 'home development whose duties shall be to: ,_- •' 13.7.1.1 - Provide'adequate- supervision -to maintain the community in compliance with this ordinance and other appropriate local, state, or federal -- regulations, and to keep its facilities and equipment, if any, in good repair and in a clean, safe, and sanitary condition.- 3.3•7.1.2 Notify development residents of all applicable regulations. iy. 7.1.3 Supervise and assist in the placement of each mobile home and mobile home stand to insure proper placement, stability, installation, connection, and compliance with all applicable requirements and - regulations. 13:.7.1.4 Maintain a register of all mobile home development resident or owners identified by street or lot number. 33.7.1.5 Notify the proper authorities or enforcing agency in the event of a health, safety, or other serious problem. - 13.7.2 - The management. program shall.also include: - 13.7.2.1 Maintenance and upkeep provisions. • 13.3.2.2 Any specific park or subdivision regulations or maintenance standards. _ 13.7;2'.3__"`-- -Responsibilities or requirements expected -of the residents 13.7.2.4 Solid waste, including collection, and disposal where city.or private disposal service is not available.. - 13.7.2.5 Provisions for the control of rodents, debris, storage, growth or "'brush-,-weeds;-or undergrowth, and other hazards or nuisances. _ t 13.8 OTBER REQUIR.Ed•fENTS OR RESTRICTIONS - 33.8.1 Other Permitted 'Uses in Mobile Nome Developments No part of any mobile 'home development may be used for nonresidential �• - ==� _- -•---��-" purposes: except those- as: -permitted by this ordinance. Aowever,-conve-ni establisliments of a co —nercial nature, such as food stores, laundries,` personal services, and professional services may be permitted subiect' to the following restrictions: 13.8.1.1 Establishments shall be subordinate to residential uses and shall maintain development character. 13,8.1.2 Establishments shall be designed to serve the trade and service needs of the development residents.' 13.8.1.2.1 'Home occupations shall be permitted, provided they meet the requirement/ of home occupations as defined in the zoning ordinance. 13.8.1.2.2 A mobile home park may contain up to two lots for the special purposes of providing temporary overnight facilities or hook up for travel trailers or campers, provided these lots are separated from other ,mobile homes and meet the•'Onslow County health Department regulations governing travel trailers. 13.8.2_ _. Mobile Rome Development Special Sign Control and Entrance: A mobile home development shall be permitted to have one indentification sign per park or subdivision entrance access. The sign must conform to the provisions as stated in the Zoning Ordinance and shall be no larger than 36 square feet. 13.8.3 Existing Mobile Rome Developments: Existing mobile home developments small not be allowed to expand unless such expansion meets the requirements of this ordinance. 1398.4 Completion"of Tfobile Home Development in Stages: Mobile home developments may be constructed in stages, provided: 13.8.4.1 A special exception permit is approved based upon the total proposed development plan and an agreed upon construction schedule. 1:3,8.4.2 Operating permits are issued for that portion of the completed developme that is in compliance with this ordinance. . 11.8.4.3 Where the construction schedule is not maintained within a reasonable time period not to exceed one year, the mobile home development shall require reevaluation for a special exception permit. 13.9 INSPECTION, LEGAL PROVISIONS, AY ENDMENTS, APPEALS OR VARIANCES, VIOLATIONS, AND PENALTIES 1,y.9.1 Inspection: _ The Onslow County Health Department, and/or the Building Inspector are hereby authorized and directed to make such inspections as are :necessary to determine satisfactory compliance with this ordinance. _ It shall be ibe duty "of "tNe"owneYs or occupants of mobile home sub— divisions and trailer parks to give these agencies free access to the park premises at reasonable tunes for the purpose of inspection. 13.9.2 Legal Provision: The provisions of this ordinance shall be held to minimum requirements, adopted for the promotion of the public health, safety, morals, and general welfare. 'Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted regulations the most 'restrictive or that imposing the highest standards, shall govern. 13.9.3 Amendmentsz A petition for an amendment_ of this ordinance may be initiated by the City Council, the Planning Board, any department or agency of the City; or tiny citizen within the jurisdiction of the City of Jacksonville. The process for amendments shall be the same as stated in -the Zoning Ordinance under the section entitled "Amendments". 13.9.4 Appeals or Variances: : The City Council shall bear and decide appeals from and review any orders, requirements, decisions, or determination made by the Building Inspector charged with enforcement of this ordinance. In addition, appeals from the decision of the City Council in granting special exception permits shall be taken -to the Onslow County Superior.Court. 13.9.4.1 If any section, clause, provision or portion of this ordinance is judged unconstitutional or invalid by the court.of competent juris- diction, the remainder of this ordinance shall not be affected. 13:9:4.2 Upon appeal in specific -cases from the certain dimensional regulations including lot width, recreational area size, or acreage requirements 'of this ordinance, a variance may be granted in the special exception permit approval by the City Council with recommendations from the Planning Board, provided that: 13.9.4:2.1: - Literal interpretation of the ordinance dimensional provisions would - ..:result in unnecessary hardship. 13.9.4.2.2 The development has special conditions or circumstances that should be considered, such as terrain, type of buildings or structures. 13.9.4.2.3 - A'variance-shall not confer on the applicant special privileges or' be in contradiction to.other local, state, or federal regulations. 13.9.5 ' Violation and Penalties: Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Inspector. He shall record properly such complaint, immediately investigate, and take action thereon as provided by the ordinance. c 13.9.5.1 The notice of violation -.shall be.sent to the park.operator,.specifying what violations have been found, what corrective measures must be taken, and that failure to comply with the ordinance shall result in the revocation of the operating license. Unless an inspection . shows the violation to have been corrected or to satisfactorily be in the process of completion no later than 30 days after notice of .permit violation is.given, a notice of a revocation bearing shall -be sent to the offending party: The revocation hearing notice shall indicate the time and place of the bearing, that the park operator may be represented by counsel and that the hearing shall be held before the City Council. At the bearing the burden of proof shall be on the Building Inspector, who may also be represented by counsel, evidence shall be presented and cross examinations shall be allowed. Accurate minutes of the bearing shall be kept. The decision of the City Council shall be stated in writing and supported by a statement of its findings of facts and conclusions. In the event that the park is found to be in violation, the operating license for all spaces shall be revoked. Any mobile home development that'is found to be in violation of this ordinance will cease entering into new leases. If the owner later wishes to correct the violation, he shall be required to resubmit his mobile home development plan or make corrections in compliance with this ordinance in order to get aT operating license. 13.9.5.2 Upon the revocation of the operating license, all leases shall be 'deemed automatically terminated, and the park owner or operator may only collect rent due for any preceding month or portion thereof and in no event shall the owner .or operator keep or collect a larger percentage of the entire rent for the entire lease term than would be due on the basis of actual occupancy time as a percentage of the entire lease term. Tenants shall be notified by -the owner by certified mail within three days of the termination of their leases on account of the revocation of the operating permit and that they have thirty days with no rent liability : -- to remove their mobile homes, travel trailers and property from the park. The owner or operator of the park shall continue for thirty days to perform services as the park deemed necessary by the.Building Inspector and the Onslow County Health Department for the health and safety of the tenants; the tenants shall not be liable for rent on account of such' thirty -.day .period. 13.9.5.3 'violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and.. safeguards established in connection with grants of variances) -shall constitute a misdemeanor. .Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction - thereof be fined not more than $50.00 or imprisoned for no more than - 30 days. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Jacksonville from taking such other lawful action as is necessary to prevent or remedy any violation. 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