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HomeMy WebLinkAboutLand Use Ordinance Revisions-2000LAND USE ORDINANCE REVISIONS CITY OF NEW BERN March 31, 2000 The preparation of this report was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. The Wooten Company Engineering#Planning *Arch itectures Raleigh/Greenville/Hickory/Asheboro, NC i LAND USE ORDINANCE REVISIONS CITY OF NEW BERN • March 31, 2000 The Wooten Company Engineering. Planning•Architectures Raleigh/Greenville/Hickory/Asheboro, NC 0 • Draft Amendments and Background Data Alternative Screening Standards Bed and Breakfast Day Care Home, Large Demolition by Neglect of Historic Landmarks and Structures Family Definition Marinas Planned Unit Developments • Salvage Yards Boarding Houses Family Care Homes Group Care Homes Homeless Shelters Halfway Houses Nursing, Convalescent, and Group Care Institutions Street Standards Telecommunications Towers Table of Permitted Uses Development Standards for Particular Uses Manufactured Home Definitions Rezoning Guidelines for Elected and Appointed Officials Home Occupations Traditional Neighborhood Development Entranceways Compatibility Standards Statutory and Constitutional Limitations on Zoning and Land Use 0 DRAFT AMENDMENT Alternative Screening Standards City of New Bern 1. Add to Article XIX, Screening, Trees, and Planting, Part I, Screening a new Section 15-368 to read as follows: 15-368 Alternative Screening Methods. (a) Under certain circumstances the application of the standards delineated in Section 15-362 through 15-367 is either inappropriate or ineffective in achieving the purposes of this Ordinance. When screening is required by this Article or by other provisions of this Ordinance and the site design, topography, unique relationships to other properties, lot configuration, spatial separation, natural vegetation, or other special considerations exist relative to the proposed development, the developer may submit a specific plan for screening to the Zoning Administrator. This plan must demonstrate how the purposes and standards of this Ordinance will be met by measures other than those listed in Sections 15- 363 through 15-365. If approved by the Zoning Administrator, the alternative screening plan may be utilized to meet the requirements of this Ordinance. (b) A combination of natural vegetation, fences, walls and berms may be utilized to achieve the screening requirements of Sections 15-363 through 15-365 provided that the following standards are met: (1) Walls (a minimum of 6 feet in height and constructed of masonry, stone, metal, pressure treated lumber, or other suitable materials, but not including chain link fencing) or an opaque fence (a minimum of 6 feet in height) may be used to reduce the widths of the screens required in Section 15-365 by 5 feet. (2) Understory trees may be substituted for canopy trees if, in the opinion of the Zoning Administrator upon conferring with the electrical utility provider, a conflict exists with overhead utility lines. (3) Wall planters shall be constructed of masonry, stone, metal, or pressure treated lumber and shall have a minimum height of 30 inches. The minimum height of Draft Land Use Ordinance Amendment 1 February 14, 2000 shrubs in wall planters shall be 6 inches. The effective planting area of the wall planter shall be 4 feet in width (7 feet if the wall planter contains trees). (4) Any berm utilized for screening purposes shall have a minimum height of 3 feet, a minimum crown width of 3 feet, and a side slope no greater than 3:1. Berms shall be stablized with a ground cover or other suitable vegetation to prevent erosion and sedimentation. Proposed berms shall be reviewed and approved by the Zoning Administrator. The review and approval of berms proposed to be placed over existing or proposed utility easements or adjacent to street rights -of -way shall be coordinated with the Director of Public Works. (5) When a lot is to be developed so that screening is required and that lot abuts an existing hedge, fence or other screening material on the adjoining lot, then that existing screen may be used to satisfy the requirements of this Ordinance. The existing screen must meet the minimum standards for screening established by this Ordinance and it must be protected from damage by pedestrians or motor vehicles. However, the burden to provide the necessary screening remains with the use to be screened and is a continuing obligation that runs with the land so long as the original use continues in operation. Consequently, should the screening on the adjoining lot be removed, the use required to be screened shall, at that time, provide screening in accordance with the requirements of this Ordinance. Draft Land Use Ordinance Amendment 2 February 14, 2000 DRAFT AMENDMENT Bed and Breakfast City of New Bern 1. Amend Section 15-163, Particular Uses to add a new subsection (h) read as follows: (h) Bed and Breakfast facilities are permitted, upon the issuance of a Special Use Permit, within the R-10, R-8, R-6, C-1. C-2. C-3, and C-4 zoning districts. The following development standards shall be met: (1) The use must be owned and operated by a resident owner. (2) The use shall be located in a structure that was originally constructed as a single-family dwelling. (3) Meals served on the premises of a bed and breakfast located in a residential zoning district shall be only for guests of the facility. (4) In residential zoning districts, there may be one unlighted sign erected, not to exceed three feet in height and three feet in sign area. Bed and Breakfast facilities located in nonresidential zoning districts shall erect signs that conform to Article. (5) Parking lots shall be screened from adjoining single-family residential uses by a Type A buffer yard. The required buffet' yard shall comply with the requirements of Article XIX. (6) Parking spaces, as required in Section 15-342 (g), shall be located on -site and located in the rear or to the side of the structure behind the building line. • 2. Amend Section 15-15, Basic Definitions and Interpretations paragraph (7) to read as follows: (7) Bed and Breakfast. A residential dwelling in which sleeping and/or eating accommodations are provided or offered to seven or fewer persons per night. 3. Amend Section 15-342 (g), Table of Parking Requirements paragraph 1.520 to read as follows: Use Parking Requirement 1.520 1 space per bedroom, plus 1 space for each employee on the maximum shift. Draft Land Use Ordinance Amendment February 14, 2000 DRAFT AMENDMENT Is Day Care Home, Large City of New Bern • 1. Delete current subsection (d), Child care homes of Section 15-163, Particular Uses. Replace with a new subsection (d), Day Care Home, Large to read as follows: (d) Day Care Home, Large. Day care homes, large are allowed in all zoning districts upon the issuance of a development permit. However, the following requirements must be met when such use is located within a residential zoning district: (1) Off-street parking shall be provided on -site. The number of parking spaces required shall be one parking space per employee plus one parking space per 10 children served. (2) There may be one freestanding sign erected per public street frontage. The sign(s) shall not exceed 3 feet in height and 3 feet in sign area (3) Outdoor activity areas shall be enclosed by a security fence at least 6 feet in height and shall be located outside of the street setback. (4) The use shall not be operated between the hours of 7 p.m. and 7 a.m. 2. Amend Section 15-146, Table of Permitted Uses, to 1.610, Day care home, small; and 1.620, Day care home, large to read as follows: Zoning Districts Use Description All Districts 1.610 Day care home, small Z 1.620 Day care home, large D Draft Land Use Ordinance Amendment February 14, 2000 • DRAFT AMENDMENT Demolition By Neglect Of Historic Landmarks And Structures Within The New Bern Historic District City of New Bern 1. Amend Part I of Article XXI, New Bern Historic District by adding a new Section 15-433 to read as follows: Section 15-433. Demolition by Neglect (a) Standards. The exterior features of any building or structure (including walls, fences, light fixtures, steps, pavement, paths, or any other appurtenant feature), or any type of outdoor advertising sign either designated as an Historic Landmark or found to have significance located within the Historic District shall be preserved by the owner or such other person who may have legal possession, custody, and control thereof against decay and deterioration and kept free from structural defects. The owner, or other person having such legal possession, custody, and control, shall upon written request by the City repair such exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration, including but not limited to any of the following defects: (1) Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling. (2) Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling. (3) Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling. (4) Deterioration or crumbling of exterior plasters or mortars. (5) Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors. (6) Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering. (7) Rotting, holes, and other forms of decay. Draft Land Use Ordinance Amendment November 15, 1999 (8) Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling. (9) Heaving, subsidence, or cracking of sidewalks, steps, or pathways. (10) Deterioration of fences, gates, and accessory structures. (11) Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the Historic Landmark. (12) Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property. (b) Petition and Action. The Historic Preservation Commission may file a petition listing specific defects with the Director of Planning and Inspections requesting that he act under the following procedures to require the correction of deterioration or making of repairs to any Historic Landmark or significant structure located within the Historic District so that such structure shall be preserved and protected in accordance with the purposes of Section 15-411. (1) Whenever the petition initiated by the Historic Preservation Commission is filed with the Director of Planning and Inspections charging that a structure is undergoing demolition by neglect, the Director of Planning and Inspections (or a designated agent) shall, if his preliminary investigation discloses'a basis for such charges, within seven days issue and cause to be served upon the owner and/or such other person who may have legal possession, custody, and control thereof, as the same may be determined by reasonable diligence, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Director of Planning and Inspections at a place within the City in which the property is located therein fixed not less than thirty nor more than forty-five days after the serving of such complaint; that the owner and/or parties in interest shall be given a right to answer to give testimony at the place and time fixed in the complaint; that the commission with jurisdiction shall also be given notice of the hearing; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Director of Planning and Inspections. The purpose of the hearing is to receive evidence concerning the charge of deterioration and to ascertain whether the owner and/or other parties in interest wishes to petition Draft Land Use Ordinance Amendment 2 November 15, 1999 the Historic Preservation Commission for a claim of undue economic hardship. (2) If after such notice and hearing, the Director of Planning and Inspections determines that the structure is undergoing demolition by neglect because it is deteriorating, or if its condition is contributing to deterioration, according to the standards of subsection (a), the Director of Planning and Inspections shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within the time specified those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. In the event that the owner and/or other parties in interest wish to petition for a claim of undue economic hardship, the Director of Planning and Inspections's order shall be stayed until after the Historic Preservation Commission's determination in accordance with the procedures of subsection (d), except as provided for in subsection (e). (c) Methods of Service. Complaints or orders issued by the Director of Planning and Inspections shall be served upon persons either personally or by registered or certified mail; but if the whereabouts of such persons are unknown and the same cannot be ascertained by the Director of Planning and Inspections in the exercise of reasonable diligence, and the Director of Planning and Inspections shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order may be made by publishing the same once each week for two successive weeks in a newspaper generally circulated within the City. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. (d) Safeguards From Undue Economic Hardship. (1) When a claim of undue economic hardship is made owing to the effects of this article, the Director of Planning and Inspections shall notify the Commission with jurisdiction within three days following the hearing on the complaint. The Commission shall schedule a hearing on the claim at its next regular meeting, within the limitations of its procedures for application deadlines. The petitioner shall present the information provided under subsection (2) to the Commission. The Commission may require that an owner and/or parties in interest furnish such additional information that is relevant to its determination of undue economic hardship. The Commission may direct its staff to furnish additional information as the Commission believes is relevant. Draft Land Use Ordinance Amendment 3 November 15, 1999 The Commission shall also state which form of financial proof it deems relevant and necessary to a particular case. In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why such information cannot be obtained. (2) When a claim of undue economic hardship is made owing to the effects of this article, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. The minimum evidence shall include for all property the nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control. Findings made by the Director of Planning and Inspections or by the Commission with jurisdiction may be appealed to the Board of Adjustment. To perfect such an appeal, application must be filed by an aggrieved party with the Board of Adjustment within ten days following receipt of the order for repair of the property or determination. Appeals shall be in the nature of certiorari. (e) Other City Powers. Nothing contained within this article shall diminish the City's power to declare an unsafe building or a violation of the minimum housing code. (f) Penalties and Remedies. Enforcement of this Section may be by any one or more of the following methods, and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions. (1) Equitable Remedy. The City may apply for any appropriate equitable remedy to enforce the provisions of this Section. (2) Order of Abatement. The City may apply for and the court may enter an order of abatement. An order of abatement may direct that improvements or repairs be made, or that any other action be taken that is necessary to bring the property into compliance with this Section. Whenever the party is cited for contempt by the court and the City executed the order of abatement, the City shall have a lien, in the nature of a mechanic's and materialman's, on the property for the cost of executing the order of abatement. (3) Civil Penalty. No civil penalty shall be levied unless and until the Planning Department shall deliver a written notice by personal service or by registered mail or by certified mail, return receipt requested, to Draft Land Use Ordinance Amendment November 15, 1999 • the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the assessment of civil penalties and other enforcement action. If after the allotted time period has expired and after the hearing of an appeal if any by the Board of Adjustment, corrective action has not been completed, a civil penalty shall be assessed in the amount of one hundred dollars per day of continuing violation. Draft Land Use Ordinance Amendment 5 November 15, 1999 • DRAFT AMENDMENT Family Definition City of New Bern 1. Amend Section 15-15, Basic Definitions and Interpretations to revise paragraph 37, Family to read as follows: (37) Family. One person or a group of persons related by blood or marriage, plus up to three unrelated persons. 2. Amend Section 15-15, Basic Definitions and Interpretations to revise paragraph 86, Residence, single-family detached to read as follows: (86) Residence, single-family detached. A separate, detached building designed for and occupied exclusively by one family. These proposed definitions will make it clear that unrelated persons may be included in a single-family housing situation but, at the same time, puts a limit on the number or unrelated persons that may reside in a single-family dwelling. Thus, if a use has more than three unrelated persons it can not be classified as a single-family dwelling. It is felt that this definition is consistent will the requirements of the federal Fair Housing Act which prevents the discrimination of certain familial arrangements such as persons with legal custody of unrelated children. While courts have upheld the regulation of the number of unrelated persons that occupy a single dwelling unit, they have generally invalidated the local regulation of the number of related persons. Draft Land Use Ordinance Amendment November 16, 1999 • • • DRAFT AMENDMENT Marinas City of New Bern 1. Amend Section 15-146, Table of Permitted Uses, Use Category 6.200 (Recreation, amusement, and entertainment activity conducted primarily outside enclosed buildings or structures) to include a subsection 6.270 to read as follows: Zoning Districts Use Description C-1 C-2 C-3 1-1 1-2 6.270 Marinas S S S S S 2. Add anew section 15-171 to read as follows: Section 15-171 Marinas (A) Marinas are permitted by special use permit C-1, C-2, C-3, 1-1, and 1-2 zoning districts. (B) Access. The marina shall have vehicular access to a collector or higher classified street. (C) Use Separation. There shall be a minimum 50 feet distance between any buildings, structures, or outdoor use areas associated with the marina and any adjacent residentially -used or zoned lot. (D) Dust and Particulates. Emissions of dust and particulates shall be in accordance with the State of North Carolina rules and regulations governing air contamination and air pollution. Points of ingress and egress shall be paved with either concrete or asphalt. Any unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (E) Noise. Equipment -producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence. (F) Parking. Parking shall be provided in accordance with the requirements of Section 15-342. (G) Screening. Parking storage facilities, and boat maintenanc uses with a Type A Opaque Screen. the requirements of Article XIX. Draft Land Use Ordinance Amendment November 11, 1999 e lots, outdoor storage, dry stack boat areas shall be screened from adjoining The required screening shall comply with • (H) Sewage Pump Out Facilities. Sewage pump out facilities shall be provided on -site in accordance with city standards and specifications for wastewater facilities as well as any applicable county or state wastewater disposal regulations. (1) CAMA Use Standards. The marina shall meet the applicable requirements of Title 15, Subchapter 7H, Section .0208 (b) (5), Use Standards for Marinas, as amended. 3. Amend Section 15-15, Basic Definitions and Interpretations to add a paragraph 65.1 to read as follows: (65.1) Marina. A publicly or privately -owned dock, basin or wet boat storage facility constructed to accommodate more than ten boats and providing any of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haulout facilities, and repair services. Marinas may also include restaurant and hotel facilities. The marina definition does not include boat ramp facilities allowing access only, temporary docking facilities where none of the previously identified services are provided, and noncommercial docks and piers accommodating ten or less boats. 4. Amend Section 15-342 (g), Table of Parking Requirements to add a paragraph 6.270 to read as follows: Use Parking Requirement 6.270 1 space per boat slip, plus 1 space per 200 square feet of gross floor area devoted to retail sales or restaurants and 1 space for each hotel room rented. Draft Land Use Ordinance Amendment 2 November 11, 1999 DRAFT AMENDMENT Planned Unit Developments City of New Bern. 1. Amend Section 15-140, Planned Unit Developments Established, to add a new sentence to the end of paragraph (a) to read as follows: Additional design standards and requirements for planned unit developments are outlined in Section 15-155, Planned Unit Developments. 2. Amend Section 15-140, Planned Unit Developments Established, subparagraph (1) to read as follows: (1) The residential planned unit development (PUD) is designed to accommodate only those uses which would be permissible within one of the City of New Bern's residential districts (A-5, A-5F, R-20, R-15, R-10, R-10A, R-10S, R-8, and R-6). All development must be in accordance with the regulations applicable to the residential zoning district to which the particular PUD corresponds, except as modified in paragraph (a) of this section and in Section 15-155. 3. Amend Section 15-155, Planned Unit Developments, to add the following 0 to the end of subparagraph (a): A PUD shall be designed by a licensed architect or landscape architect. The design of the PUD shall achieve the following objectives: • Compability of buildings and other improvements as determined by their arrangement, bulk, form, character, and landscaping to establish a livable, harmonious, and diverse environment; • Human scale design; • Encouragement of pedestrian activity; • Buildings that are oriented toward the street; • A generally rectilinear pattern of interconnecting streets and blocks; • Well -configured passive and active open space woven into the pattern of the PUD; and • Natural features and undisturbed areas that are incorporated into the open space. It shall be the responsibility of the developer of a PUD to demonstrate, to the satisfaction of the City, that the proposed PUD complies with each of the above -delineated objectives. Draft Land Use Ordinance Amendment February 14, 2000 4. Amend Section 15-155, Planned Unit Developments, to add a new subparagraph (e) to read as follows: (e) Residential PUDs and the residential portion(s) of any mixed use planned unit development shall adhere to the following development standards: (1) The minimum development area shall be 10 acres, except where the proposed PUD parcel is contiguous to a developed or planned PUD in which case there is no minimum development area requirement. (2) Principal dwelling building setbacks shall be provided so that there is a proportional relationship between the size of the lot and the building setback. The location of dwellings near the street right-of- way is encouraged. Within infill PUDs, residential building setbacks shall be based upon the average of the existing setbacks for lots within 500 feet of the PUD project. An infill PUD is defined as a planned unit development project that is located on a tract that is surrounded on two or more sides by existing residential development which contains traditional lots and building setbacks that are substantially larger than those within the proposed PUD project. (3) Sidewalks shall be provided on both sides of streets within the PUD. (4) To facilitate the location of dwellings closer to the street right-of- way, off-street parking shall not be located in front of the principal dwelling. Detached garages shall be located only to the rear of the principal dwelling. Attached garages may be located to the side or to the rear of the principal dwelling. Additional visitor parking areas, as determined by the Planning and Inspections Department, may be required within residential areas containing lots smaller than 8,000 square feet. (5) Alleys are encouraged to provide alternative vehicular access to lots. Where alleys are provided, utilities shall, to the extent practicable, be located within the alleys. The design of proposed alleys shall be coordinated with and approved by the City Engineer. (6) Common open space shall be provided in accordance with the following table: PUD Acres % Open Space Required < 50 acres 5.0 percent 50-75 acres 7.5 percent 76-100 acres 10.0 percent > 100 acres 12.5 percent Draft Land Use Ordinance Amendment 2 February 14, 2000 • • (7) Open space may be used for both natural, passive areas and active developed recreational areas and shall be developed in accordance with the provisions of Article XIII, Open Space. (8) In mixed use PUDs, the nonresidential portion of the PUD shall be designed, located, and oriented on the site so that such uses are directly accessible, by means of streets, sidewalks, and paths, to the residential portions of the PUD. (9) The perimeter of the PUD shall be compatible with the existing land uses that abut or is directly across the street from the PUD tract. Compatibility includes but is not limited to size, scale, mass, and architectural design. 5. Amend Section 15-196, Usable Open Space, to add a new subparagraph (e) to read as follows: (e) Open space requirements for planned unit developments (PUDs) are provided in Section 15-155 (e) (6). Draft Land Use Ordinance Amendment 3 February 14, 2000 Existing PUD Requirements Types of PUDs Allowed • Residential • Residential/Commercial • Commercial • Commercial/Industrial • Industrial Use Restrictions • Residential/Commercial in residential district: commercial limited to 10% of total tract area. • Commercial/industrial in a commercial district: industrial limited to 10% of total tract area. • Nonresidential portions may not be occupied until all residential portions are completed. Additional Requirements And Features • Minimum Development Area: 10 acre minimum for residential; 20 acres for mixed use. • Maximum average overall density. • Density Bonus for on -site pedestrian facilities, parks, and greenway facilities that exceed city minimum standards, multiple use of stormwater detention ponds, affordable housing. • Direct vehicular and pedestrian access to nonresidential portions. • Recreational and open space requirements based upon gross acreage in the PUD and average gross density. • Treatment of boundary/transition areas. • Proportional share of required open space and common facilities provided in each phase of the PUD. 0 0 CLUSTER SUBDIVISIONS Concepts • Smaller lots with buildings sited closer together. • Overall densities remain the same. • Structures can be concentrated on the most buildable portion of the site. • Natural areas, open space, and environmentally -sensitive portions of the site can be preserved. • Development costs are lower since a smaller portion of the site has to be cleared and streets and utility lines are shorter. • Maintenance costs are reduced due to more compact infrastructure design. • Reduced amount of impervious surfaces improves stormwater management and water quality. • 0 Figure 16 COMPARISON OF CONVENTIONAL . AND CLUSTER DEVELOPMENT Conventional Subdivision (153 Lots) L� Cluster Subdivision (153 Lots) • DRAFT AMENDMENT Salvage Yards City of New Bern 1. Amend Section 15-146, Table of Permitted Uses, Use Category 11.000 (to read as follows: Zoning District Use Description 1-2 11.000 Salvage Yards, Auto Parts S Salvage Yards, Scrap Processing 2. Amend Section 15-163, Particular Uses to add anew subsection (f) read as follows: (f) Salvage yards are permitted within the 1-2, Industrial District upon the issuance of a special use permit. The following development standards shall be met: (1) The minimum area required to establish a salvage yard shall be 5 acres. (2) The operations of salvage yards shall not be any closer than 300 feet to any residential property line. Neither should any such operations be closer than 300 feet to the property line of any school, hospital, nursing and convalescent home, or day care facility. (3) Salvage yards shall be enclosed by a sight obstructing screen of at least 6 feet in height adjacent to public streets and 8 feet in height adjacent to properties of a residential, educational or institutional nature. All such screens shall be maintained in a sound and stable manner for the life of the operation. Entrances and exits shall be secured when the salvage yard is closed. If state or federal requirements for screening are more stringent, such requirements shall be applicable. (4) Equipment -producing noise or sound in excess of 70 decibels shall be located no closer than 400 feet to the nearest residence. No noisy processing shall be carried on in connection with the business on Sundays, Christmas Day, Thanksgiving Day, or at any time between the hours of 6:00 p.m. and 7:00 a.m. (5) No vibration shall be produced which is transmitted through the ground and which is discernable without the aid of instruments at or beyond the lot .line; nor will any vibration produce a particle velocity of 2.0 inches per second measured at or beyond the property line. Draft Land Use Ordinance Amendment November 11, 1999 (6) Emissions of dust and particulates shall be in accordance with the State of North Carolina rules and regulations governing air contamination and air pollution. Particulate matter emission from materials and products subject to becoming windborn will be kept to a minimum by paving, sodding, oiling, wetting, covering or other means such as to render the surface wind resistant. Points of ingress and egress shall be paved/hard- surfaced with either concrete or asphalt. (7) Emissions of smoke and burning of non -vegetative matter shall not be permitted on the site of a salvage yard. (8) Disposal of trash and garbage shall be in an approved container and be regularly maintained. Open dumping of trash or garbage shall be prohibited. (9) Disposal of toxic/hazardous matter on any salvage yard site shall be expressly forbidden. (10) Storage of fuels shall be contained in below ground tanks meeting the requirements of the State of North Carolina. No such fuel storage shall be within 1,000 feet of any residential, educational, or institutional structure. Location of fuel storage tanks shall be so designed as to prevent leakage or spillage into any stream. Gasoline and oil shall be removed from scrap engines or vehicles on the premises and adequately stored for disposal. (11) Salvage yard sites shall be adequately drained to assure that no standing water shall exist that might provide breeding habitation for insects. (12) Weeds and vegetation on the premises, other than trees and required screening materials, shall be kept at a height of not more than 6 inches. (13) Salvage materials shall be stored in piles not exceeding 10 feet in height and shall be arranged as to permit easy access to all such salvage for fire fighting purposes. (14) The facility shall obtain all applicable state and federal permits. (15) All buildings and outside storage areas shall be screened from abutting properties with a Type A Opaque Screen. The required screening shall comply with the requirements of Article XIX. • 3. Amend Section 15-15, Basic Definitions and Interpretations to add a new paragraph 87.1 and 87.2 to read as follows: (87.1) Salvage Yard, Auto Parts. Any establishment listed in the Standard Industrial Classification Manual under Industry Number 5015. Also, any land or area used, in whole or part, for the storage, keeping, accumulation, dismantling, demolition, or abandonment of inoperable vehicles or parts therefrom. Draft Land Use Ordinance Amendment 2 November 11, 1999 • • (87.2) Salvage Yard, Scrap Processing. Any establishment listed in the Standard Industrial Classification Manual under Industry Number 5093. Also, any land or area used, in whole or part, for the storage, keeping, accumulation of scrap or waste materials, including scrap metals, waste paper, rags, building materials, machinery, or other scrap materials. Draft Land Use Ordinance Amendment 3 November 11, 1999 DRAFT AMENDMENT Boarding Houses City of New Bern 1. Amend Section 15-163, Particular Uses to add a new subsection (g) read as follows: (g) Boarding houses and rooming houses are permitted within the R-8, R-6, C-5, C-5A, C-1, C-21 C-3, C-4, 1-1, ' and 1_2 zoning districts upon the issuance of a special use permit. The following development standards shall be met: (1) The use must be operated by a resident owner or manager. (2) The use shall be located in a structure that was originally constructed as a single-family dwelling. (3) Meals served on the premises shall be only for residents of the facility. (4) There may be one unlighted sign erected, not to exceed three feet in height and three feet in sign area. Boarding houses located in nonresidential zoning districts may erect signs that conform to Article XVI1. (5) Parking lots shall be screened from adjoining single-family residential uses by a Type A buffer yard. The required buffer yard shall comply with the requirements of Article XIX. (6) No such use shall be located within a 400-foot radius of another boarding and rooming house (as measured by a straight line and not street distance). (7) Parking spaces, as required in Section 15-342 (g), shall be located on -site and located in the rear or to the side of the structure behind the building line. (8) The special use permit authorizing such use shall be renewed annually (every 12 months) by the Board of Adjustment. Failure to apply for renewal within the specified time period shall render the special use permit null and void. The special use permit may be revoked by the Board of Adjustment at any time upon a finding that the use has caused a habitual nuisance to adjacent properties. • 2. Amend Section 15-15, Basic Definitions and Interpretations to add a paragraph (8) to read as follows: (8) Boarding House. A dwelling or part thereof, in which lodging is provided by the owner or operator to more than three boarders. Draft Land Use Ordinance Amendment February 14, 2000 • 3. Amend Section 15-342 (g), Table of Parking Requirements to add a paragraph 1.420 to read as follows: Use Parking Requirement 1.420 1 space per bedroom, plus 1 space for each employee on the maximum shift. Draft Land Use Ordinance Amendment 2 February 14, 2000 • DRAFT AMENDMENT Family Care Homes City of New Bern 1. Amend Section 15-15, Basic Definitions and Interpretations to add a new paragraph 37.1 to read as follows: (37.1) Family Care Home. A home meeting the North Carolina Residential Building Code with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for six or less resident handicapped persons, pursuant to NCGS 168-21. No new family care home shall be established closer than 2,000 feet, measured from property line to property line, to an existing family care home. 2. Amend Section 15-15, Basic Definitions and Interpretations to delete paragraph 17, Child care home: paragraph 18, Child care institution: paragraph 47, Handicapped, aged, or infirm home: and paragraph 56, Intermediate care home. 3. Delete Section 15-163 (d), Child care homes in its entirety. 4. Rename Section 15-146, Table of Permitted Uses, Use Category 1.400, from `Group homes' to `Group homes and homes emphasizing special services, treatment or supervision'. 5. Delete Section 15-146, Table of Permitted Uses, Use Category 1.600, Homes emphasizing special care services, treatment or supervision in its entirety: Use 1.610, Nursing care homes, intermediate homes: and Use 1.630, Child care homes 6. Rename Section 15-146, Table of Permitted Uses, Use Category 1.410 from `Homes for handicapped or infirm' to 'Family care homes' and amend the zoning districts in which permitted to read as follows: Zoning Districts Use Description All Districts 1.410 Family care homes Z Draft Land Use Ordinance Amendment February 14, 2000 • DRAFT AMENDMENT -Group Care Homes City of New Bern 1. Amend Section 15-163, Particular Uses to add anew subsection (i) read as follows: (i) Group care homes are permitted within the R-8, R-6, and C-5 zoning districts zoning districts upon the issuance of a special use permit. The following development standards shall be met: (1) No such facility shall be located within 2.000 feet of an existing group care facility. (2) The facility shall be limited to not more than 30 persons including resident managers. (3) The use shall be sited and operated so as to mitigate impacts on adjoining residential properties. (4) In residential zoning districts, there may be one unlighted sign erected, not to exceed three feet in height and three feet in sign area. Facilities located in nonresidential zoning districts may erect signs that conform to Article XVIL (5) Parking lots shall be screened from adjoining single-family residential uses by a Type A buffer yard. The required buffer yard shall comply with the requirements of Article XIX. (6) Parking spaces, as required in Section 15-342 (g), shall be located on -site and located in the rear or to the side of the structure behind the building line. 2. Amend Section 15-15, Basic Definitions and Interpretations to add a paragraph 44.1 to read as follows: (44.1) Group Care Home. A facility licensed by the State of North Carolina (by whatever name it is called, other than 'Family Care Home' as defined by this Ordinance), with support and supervisory personnel that provides room and board, personal care or habilitation services in a family environment for not more than fifteen people. 3. Amend Section 15-146, Table of Permitted Uses, Use Category 1.400 to add a new subsection 1.440, Group care homes to read as follows: Draft Land Use Ordinance Amendment February 14, 2000 • Use 1.440 Description Group care homes Draft Land Use Ordinance Amendment February 14, 2000 District Special Use Permit in the following districts: A-5. A-5F, R-10, R-1OA, R-8. R-6, C-5, C-5A. C-1. C-2. C-3. CA 1-1, and 1-2 DRAFT AMENDMENT Homeless Shelters City of New Bern 1. Delete Section 15-163, subsection (e), Homeless shelters and replace with a new subsection (e) to read as follows: (e) Homeless shelter facilities are permitted within the C-5, C-1, C- 3, 1-1, and 12 zoning districts upon the issuance of a conditional use permit. The following development standards shall be met: (1) No such facility shall be located within a 2,000 foot radius (measured by a straight line and not street distance) of another homeless shelter. (2) The use must be operated by a resident owner or manager. (3) The use shall be sited and operated so as to mitigate impacts on adjoining residential properties. (4) The use shall be owned and managed by a charitable or benevolent operation qualifying for tax exemption under Section 501 of the Internal Revenue Code as amended. (5) There shall be no compensation required for occupancy in the shelter. (6) There shall be a minimum of fifty square feet of sleeping space per person. (7) Parking lots shall be screened from adjoining single-family residential uses by a Type A buffer yard. The required buffer yard shall comply with the requirements of Article XIX. (8) Parking spaces, as required in Section 15-342 (g), shall be located on -site and located in the rear or to the side of the structure behind the building line. (9) The conditional use permit authorizing such use shall be renewed annually (every 12 months) by the Board of Aldermen. Failure to apply for renewal within the specified time period shall render the conditional use permit null and void. The conditional use permit may be revoked by the Board of Aldermen at any time upon a finding that the use has caused a habitual nuisance to adjacent properties. (10) Maximum occupancy of 20 persons. 2. Amend Section 15-15, Basic Definitions and Interpretations to add a paragraph 52.1 to read as follows: (52.1) Homeless Shelter. A facility operating year-round which provides lodging and supportive services including, but not limited to, a community kitchen; assistance in obtaining permanent housing; medical counseling, treatment, and/or supervision; psychological counseling, treatment, and/or supervision; Draft Land use Ordinance Amendment February 14, 2000 • • assistance in recuperating from the effects of or refraining from the use of drugs and/or alcohol; nutritional counseling; employment counseling; job training and placement; and child care for indigent individuals and/or families with no regular home or residential address; and which complies with the following requirements: (1) the facility shall be contained within the building and operated by a government agency or nonprofit organization; (2) a minimum floor space of fifty square feet shall be provided for each individual sheltered; and (3) the facility operator(s) shall provide continuous on -site supervision by an employee(s) and/or volunteer(s) during the hours of operation. 3. Amend Section 1 &15, Basic Definitions and Interpretations to delete paragraph 89, Shelter, off -premises and 90, Shelter, on -premises. 4. Amend Section 15-342 (g), Table of Parking Requirements to add a paragraph 1.530 to read as follows: Use Parking Requirement 1.530 1 space per resident staff member, plus 2 spaces per 3 nonresidential staff members and/or volunteers on the largest shift, plus 1 space per vehicle used in the operation. Draft Land use Ordinance Amendment 2 February 14, 2000 DRAFT AMENDMENT Halfway Houses City of New Bern 1. Amend Section 15-163, Particular Uses to add a new subsection (k) read as follows: (k) Halfway houses are permitted within the C-5, C-1, C-2, and C-3 zoning districts upon the issuance of a conditional use permit. The following development standards shall be met: (1) The use must be operated by a resident owner or manager. (2) No such facility shall be located within 2,000 feet of an existing halfway house. (3) The facility shall be limited to not more than 11 persons including resident managers. (4) The use shall be sited and operated so as to mitigate impacts on adjoining residential properties. (5) Parking lots shall be screened from adjoining single-family residential uses by a Type A buffer yard. The required buffer yard shall comply with the requirements of Article XIX. (6) Parking spaces, as required in Section 15-342 (g), shall be located on -site and located in the rear or to the side of the structure behind the building line. 2. Amend Section 15-342 (g) Table of Parking Requirements to delete Use 1.620 and the accompanying parking requirement. Add a new Use 1.540 to read as follows: 1 space for every 5 beds, plus 1 space for each employee on the maximum shift. Draft Land use Ordinance Amendment February 14, 2000 DRAFT AMENDMENT Nursing, Convalescent, and Group Care Institutions City of New Bern 1. Amend Section 15-163, Particular Uses to add a new subsection Q), Nursing, convalescent, and group care institution to read as follows: 0) Nursing, convalescent, and group care institutions are permitted within the A-5, A-5F, R-20, R-10A, R-8, R-6, C-5, and C-3 zoning districts zoning districts upon the issuance of a special use permit. The following development standards shall be met: (1) The minimum lot area required for this use shall be the minimum lot size for the district plus 8,000 square feet for the first 9 patient beds, rooms, or suites plus 1,000 square feet for each additional patient bed, room, or suite. (2) The following minimum dimensional requirements shall apply to nursing and convalescent homes located within residential zoning districts: (a) Street Right-of-way Building Setback: 50 feet (b) Side Property Line Building Setback: 50 feet (c) Rear Property Line Building Setback:. 50 feet (d) Minimum Lot Width: 200 feet (e) Minimum Building Separation: 20 feet (3) Parking lots shall be screened from adjoining single-family residential uses by a Type A buffer yard. The required buffer yard shall comply with the requirements of Article XIX. (4) The use shall be sited and operated so as to mitigate impacts on adjoining residential properties. (5) In residential zoning districts, there may be one unlighted sign erected, not to exceed three feet in height and twenty square feet in sign area. Facilities located in nonresidential zoning districts may erect signs that conform to. Article XVII. 2. Delete Section 15-15, Basic Definitions and Interpretations paragraph 48, Handicapped, aged, or infirm institution; paragraph 57, Intermediate care institution; paragraph 74, Nursing care home and paragraph 75, Nursing care institution. Add a new paragraph 74, Nursing, convalescent, and group care institution to read as follows: (74) Nursing, convalescent, and group care institution. An institutional establishment which provides full-time convalescent or chronic care, or both, to persons who are not related by blood or marriage to the operator, or who, by 0 Draft Land Use Ordinance Amendment February 15, 2000 • • reason of advanced age, chronic illness or infirmity, are unable to care for themselves. 3. Rename Section 15-146, Table of Permitted Uses, Use Category 7.200 from 'Nursing care institutions, intermediate care institutions, handicapped or infirm institutions, child care institutions' to 'Nursing, convalescent, and group care institutions' and amend the zoning districts in which permitted as follows: Zoning Districts Use Description A=5 A-5F R-20 R-10A RR=8 R=6 C_5 C=3 7.200 Nursing,Convalescent, & S S S S S S S S Group Care Institutions Draft Land Use Ordinance Amendment 2 February 15, 2000 DRAFT AMENDMENT Street Standards City of New Bern 1. Amend Section 15-210 (b) (3) Cul-de-sac, to read as follows: Cul-de-sac. A minor street that terminates in a vehicular turnaround with a minimum street width of 25 feet back of curb to back of curb and not over 400 feet in total length. Additional cul-de-sacs shall not intersect with this type of street. 2. Amend Section 15-127, General Layout of Streets, subparagraph (a) to read as follows: (a) Subcollector, local, and minor residential streets shall be curved whenever practicable to the extent necessary to avoid conformity of lot appearance. Streets shall interconnect within a development as well as with surrounding streets. Cul-de-sac streets shall be permitted only where, in the opinion of the Director of Public Works, topographic and/or exterior lot line configurations offer no practicable alternative for connection or through traffic. The standard maximum length for a cul-de-sac street, when permitted, shall be 400 feet. I* 3. Amend Section 15-127, General Layout of Streets, subparagraph (b) to read as follows: • (b) To the extent practicable, driveway access to collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards. 4. Amend 'Section 15-127, General Layout of Streets, to add a new subparagraph (h) to read as follows: (h) The use of traffic calming devices such as raised intersections, lateral shifts, and traffic circles are encouraged as alternatives to conventional traffic control measures. All proposed traffic calming devices shall be reviewed and approved by the Director of Public Works. Draft Land Use Ordinance Amendment 1 February 14, 2000 is is CONNECTIVITY (NOTE: The measure of connectivity is the number of street links divided by the number of nodes. Nodes exist at street intersections as well as cul-de-sac heads. Links are the stretches of road that connect nodes.. Stub outs shall also be considered as links. In this example, there are 11 links (circles) and 9 nodes (stars); therefore, the connectivity index is 1.22.) Connectivity Ratio is the number of street sections between intersections and cul-de-sacs divided by the number of intersections and cul-de-sac heads. is DRAFT AMENDMENT Telecommunications Towers City of New Bern 1. Add anew section 15-170 to read as follows: Section 15-170 Telecommunications towers (A) Telecommunications towers, when located on privately -owned property are permitted by special use permit in A-5, A-5F, C-S, C-1, C-2, C-3, 1-1, and 1-2 districts. Such towers, when located on government facilities and structures, are allowed by zoning permit. (B) Submission Requirements An application for a special use permit for a telecommunications tower and facilities shall include: (1) The names, addresses, and telephone numbers of the owner and lessee of the parcel of land upon which the tower is proposed to be situated. If the applicant is not the owner of the parcel of land upon which the tower is proposed to be situated, the written consent of the owner shall be evidenced in the application. :^!C£S^^.,FjYL;'^.,'^'tJ:}v}.,`.:?.'•::.:vv!!hw..::.\M.�v?�?:MCf!,^::,t4}K^!,v,!?rv,w.}:MY}}vw?^MT+vmY,.r:SC{:^•i}},. {Yh:: ..: }'::•'i ( 214ttrf:<iirrii / :.........:.._.__...:_::.. ....._....,...::u::.::...n.....v.:n:xx::�v.:nx.:..:\:k•.:..::...rr.n:n.n..n.:..:v.v..::v...xv. n.. x..:.x.n (3) The legal description, property tax parcel identification number, and address of the parcel of land upon which the tower is proposed to be situated. (4) The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half mile radius of the proposed new tower site, including city -owned property. (5) A description of the design plan proposed by the applicant. The applicant must identify the utilization of the most recent technological design as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives cannot be utilized to accomplish the provision of the applicant's telecommunications services. Draft Land Use Ordinance Amendment June 23, 1999 (6) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on city -owned towers or usable antenna support structures located within a one-half mile radius of the proposed tower site. (7) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by other persons located within a one-half mile radius of the proposed tower site. (8) Written technical evidence from an engineer(s) that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structures owned by other persons located within one-half mile radius of the proposed tower site. (9) A written statement from an engineer(s) that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties. (10) Written, technical evidence from an engineer(s) that the proposed structure meets the standards set .forth in subsection (E), Structural Requirements., (11) Written, technical evidence from a qualified engineer(s) acceptable to the Fire Chief and the Zoning Administrator that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals. (12) In order to assist the city staff and the Board of Adjustment in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo -realistic representation of the proposed tower Draft Land Use Ordinance Amendment 2 June 23, 1999 as it would appear viewed from the closest residential property and from adjacent streets. (13) The Telecommunications Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the Board of Adjustment to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. (14) The Zoning . Administrator may require an applicant to supplement any information that the Zoning Administrator considers inadequate or that the applicant has failed to supply. The Zoning Administrator may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. (C) Height Towers shall be permitted to a height of one hundred and fifty feet in accordance with subsection (P), Criteria for Site Plan Development Modifications. Measurement of tower height for the purpose of determining compliance with all requirements of this Section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than twenty feet over the top of the tower structure itself. Tower height shall be measured stwucng rad e. (D) Setbacks (1) All towers up to one -hundred feet in height shall be set back on all sides a distance equal to the underlying building setback requirement in the applicable zoning district. Towers in excess of one hundred feet in height shall be set back one additional foot per each foot of tower height in excess of one hundred feet. (2) Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located. Draft Land Use Ordinance Amendment 3 June 23, 1999 • (3) Setback requirements may be modified, as provided in subsection (P) (2) (a), when placement of a tower in a location, which will reduce the visual impact, can be accomplished. For example, adjacent to trees which may visually hide the tower. (E) Structural Requirements No new tower shall be built, constructed, or erected unless the tower is capable of supporting another person's operating telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the tower within six months of the completion of the tower construction. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the state building code, and any other standards outlined in this Ordinance. (F), Separation Requirements For the purpose of this Section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially - zoned lands shall be measured from the base of a tower to the closest point of residentially -zoned property. The minimum tower separation distances from residentially -zoned land and from other towers shall be calculated and applied irrespective of city jurisdictional boundaries. (1) Towers shall be separated from all residentially -zoned lands by a minimum of two hundred feet or two hundred percent of the height of the proposed tower, whichever is greater. (2) Proposed towers must meet the following minimum separation requirements from existing tower or towers which have a special use permit but are not yet constructed at the time a special use permit is granted pursuant to this Section: Draft Land Use Ordinance Amendment 4 June 23, 1999 • • • (a) Monopole tower all other towers, lattice, or guyed, and fifty feet. structures shall be whether monopole, by a minimum of separated from self-supporting seven hundred (b) Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of fifteen hundred feet. (c) Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of seven hundred and fifty feet. (G) Illumination Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is three hundred percent of the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA. (H) Exterior Finish Towers not requiring FAA painting or marking shall have an exterior finish, which enhances compatibility with, adjacent land uses, as approved by the Board of Adjustment. (1) Landscaping All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with Article XIX. The Board of Adjustment may require landscaping in excess of the requirements of Article XIX in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing. (J) Access/Parking A parcel of land upon which a tower is located must provide access to at least one maintained vehicular parking space on site. (K) Stealth Design Draft Land Use Ordinance Amendment June 23, 1999 5 All towers which must be approved as a special use shall be of stealth design, i.e., designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs. (L) Telecommunication Facilities on Antenna Support Structures Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least fifty feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Zoning Administrator, establish the following at the time plans are submitted for a building permit: (1) That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than twenty feet; (2) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the Board of Adjustment. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof but, which do not protrude more than eighteen inches from the side of such an antenna support structure. (M) Modification of Towers A tower existing prior to the effective date of this amendment may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and Draft Land Use Ordinance Amendment 6 June 23, 1999 rebuilt without complying with any of the additional requirements Isof this Section, except for subsections (F), Separation Requirements, (N), Certification and Inspections, and (0), Maintenance, provided: (1) The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size, and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower. (2) An application for a zoning permit is made to the Zoning Administrator who shall have the authority to issue a zoning permit without further approval. The grant of a zoning permit pursuant to this subsection allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming. (3) The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this Section. (4) Except as provided in this subsection, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty days. This Section shall not be interpreted to legalize any structure or use existing at the time the amendment authorizing this Section is adopted which structure or use is in violation of the city's land use ordinance prior to enactment of the amendment authorizing this Section. (N) Certifications and Inspections (1) All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the state building code and all other construction standards set forth by city, federal, and state law. For new monopole towers, such certification shall be submitted with an application pursuant to subsection (B) of this Section and every five years thereafter. For existing monopole towers, certification shall be submitted within Draft Land Use Ordinance Amendment June 23, 1999 • • sixty days of the effective date of this Section and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to subsection (B) of this Section and every two years thereafter. The tower owner may be required by the Zoning Administrator to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. (2) The city or its agents shall have authority to enter on the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the state building code and all other construction standards provided by city, federal, and state law. (3) The city reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. (0) Maintenance (1) Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (2) Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the national electric safety code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. (3) All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person. (4) All maintenance telecommunications Draft Land Use Ordinance Amendment June 23, 1999 or construction of towers, facilities, or antenna support 8 structures shall be performed by licensed maintenance and construction personnel. (5) All towers shall maintain compliance with current RF emission standards of the FCC. (6) In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the Zoning Administrator of its intent to discontinue use and the date when the use shall be discontinued. (P) Criteria for Site Plan Development Modifications (1) Notwithstanding the tower requirements provided in this Section, a modification to the requirements may be approved by the Board of Adjustment as a special use in accordance with the following: (a) In addition to the requirement for a tower application, the application for modification shall include the following: (1) A description of how the plan addresses any adverse impact that might occur as a result of approving the modification. (ii) A description of off -site or on -site factors which mitigate any adverse impacts, which might occur as a result of the modification. (iii) A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights -of - way and properties. (iv) For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts. tfttr ri Draft Land Use Ordinance Amendment June 23, 1999 •....:.v�vni-Y..:?-;.?i:-.v,W..vKM1W..-'N..,y:•N.v,.:'•:xnt}hw'..,..+.+'{;}SYf:%ii0.i%??{;;}}-m v,N %$„?x•:SYf;: 1>�e<. (v) The Zoning Administrator may require the application to be reviewed by an independent engineer under contract to the city to determine the basis for the modification requested. The cost of review by the city's engineer shall be reimbursed to the city by the applicant. (b) The Board of Adjustment shall consider the application for modification based on the following criteria: (1) That the tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties. (ii) Off -site or on -site conditions exist which mitigate the adverse impacts, if any, created by the modification. (iii) In addition, the Board of Adjustment may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification. (2) In addition to the requirements of subparagraph (1) of this subsection, in the following cases, the applicant must also demonstrate, with written evidence, the following: (a) In the case of a requested modification to the setback requirements, subsection (D), that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially - zoned land. (b) In the case of a request for modification to the separation requirements from other towers of subsection (F), Separation Requirements, that Draft Land Use Ordinance Amendment 10 June 23, 1999 the proposed site is zoned for industrial use and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in subsection (F). (c) In the case of a request for modification of the separation requirements from residentially - zoned land of subsection (F), if the person provides written technical evidence from an engineer(s) that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicants wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially -zoned property. (d) In the case of a request for modification of the height limit for towers and telecommunications facilities or to the minimum height requirements for antenna support structures, that the modification is necessary to: (i) facilitate collocation of telecommunications facilities in order to avoid construction of a new tower, or (ii) to meet the coverage requirements of the applicant's wireless, communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved. (Q) Abandonment (1) If any tower shall cease to be used for a period of 365 consecutive days, the Zoning Administrator shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Zoning Administrator that such site has been abandoned. The owner shall have thirty days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in Draft Land Use Ordinance Amendment June 23, 1999 use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the Zoning Administrator shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within seventy-five days, dismantle and remove the tower. (2) To secure the obligation set forth in this Section, the applicant (and/or owner) shall post a bond in an amount to be determined by the Zoning Administrator based on the anticipated cost of removal of the tower. 2. Amend Section 15-15 to add the following definitions: Section 15-15 Basic definitions and interpretations Antenna Array. One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure. Antenna Support Structure means. Any building or structure other than a tower, 0 which can be, used for location of telecommunications facilities. Collocation/Site Sharing. Use of a common wireless communication facility or common site by more than one wireless license holder or by one wireless license holder for more than one type of communications technology and/or placement of a wireless communication facility on a structure owned or operated by a utility or other public entity. Stealth. Any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs. Telecommunications Facilities. Any cables, wires, lines wave guides, antennas, and any other equipment or facilities associated with the transmission or Draft Land Use Ordinance Amendment 12 June 23, 1999 • reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include satellite receive -only earth station antennae and household antennae. Tower. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operator's equipment, as licensed by the FCC. (delete existing definition) Tower Co -location. An arrangement whereby more than one user occupies a single tower or structure. Tower, Communications. A structure greater than sixty feet in height whose primary purpose is to support communications equipment. This definition includes tower/antenna/building combinations and the height measurement applies to those combinations. This definition shall not include wire -supporting electric power transmission and telephone poles. Tower, Lattice. A guyed or self-supporting multi -sided, open, steel frame structure used to support communications equipment. Tower, Monopole. A structure composed of a single spire used to support communications equipment. 3. Amend Section 15-146, Table of Permitted Uses, Use Category 18.300 to read as follows: Draft Land Use Ordinance Amendment 13 June 23, 1999 Telecommunications Towers Definitions Antenna Array. One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The Antenna Array does not include the Support Structure. Antenna Support Structure means. Any building or structure other than a Tower which can be used for location of Telecommunications Facilities. Collocation/Site Sharing. Use of a common wireless communication facility or common site by more than one wireless license holder or by one wireless license holder for more than one type of communications technology and/or placement of a wireless communication facility on a structure owned or operated by a utility or other public entity. Stealth. Any Tower or Telecommunications Facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and Towers designed to look other than like a Tower such as light poles, power poles, and trees. The term Stealth does not necessarily exclude the use of uncamouglaged lattice, guyed, or monopole Tower designs. Telecommunications Facilities. Any cables wL ire, lines wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a Person seeks to locate or has installed upon or near a Tower or Antenna Support Structure. However, Telecommunications Facilities shall not include: (1) Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or (2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category. Tower. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports Telecommunications Facilities. The term Tower shall not include amateur radio operator's equipment, as licensed by the FCC. Tower Co -location. An arrangement whereby more than one user occupies a single tower or structure. Tower, Communications. A structure greater than sixty feet in height whose primary purpose is to support communications equipment. This definition includes tower/antenna/building combinations and the height measurement applies to those combinations. This definition shall not include wire -supporting electric power transmission and telephone poles. Tower, Lattice. A guyed or self-supporting multi -sided, open, steel frame structure used 0 to support communications equipment. Tower, Monopole. A structure composed of a single spire used to support communications equipment. Sample Standards 0 (A) Where Required A-5, A-517, C-5, C-1, C-2, and. C-3 districts except that communications towers on government facilities and structures are allowed by right in all zoning districts. (B) Co -location (1) Co -location on a previously approved tower is permitted without an additional special use permit provided that all conditions of the previously approved permit are complied with. (2) Co -location on a building or substantial structure, such as a water tower, shall not require the issuance of a special use permit, but all other applicable provisions shall be met end approved by the Zoning Administrator. The Zoning Administrator may require the issuance of a special use permit if there is doubt as to whether or not a given proposal is in compliance with the intent of the section. (3) Where a new tower is proposed, documentation shall be required to substantiate why the proposed antenna(s) and/or equipment cannot be accommodated on a previously approved tower due to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of the previously approved towers, considering their existing and planned use, and those towers cannot be reinforced to accommodate the planned or equivalent equipment at a reasonable cost; or (b) The planned equipment would cause RF interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost; or (c) Previously approved towers do not have space on which the planned equipment can be placed so it can function effectively and reasonably in parity with the existing and/or planned equipment of the present user(s); or (d) Other reasons make it impractical to place planned equipment on previously approved towers (the applicant must explain and document in detail such other reasons). (4) Where a new tower is proposed and sufficient reasons for a new tower exist, favorable consideration will be given to towers designed to accommodate future users. Documentation shall be required describing the capacity of the proposed tower in terms of today's technology (including the number and type of antennas that the tower will accommodate). Approval of such new tower will be conditioned on space being made available to such fixture users at a reasonable fee and any necessary costs of adapting the facilities to the proposed future use. A statement of intent on whether excess space will be leased is required. 0 (C) Setback (1) The minimum tower setback from any property line shall be: (a) Equal to the height of the tower, or (b) Equal to the maximum fall distance for a professional engineer -certified installation; published engineering data for a particular model of tower will be acceptable to substantiate a setback less than the height of the tower if the building inspector can easily determine that the tower has been installed in accordance with such data, otherwise a professional engineer must certify that the tower is installed as required; or (c) For a steel monopole tower with a base diameter greater than or equal to one foot, equal to one-half of the height of the tower, provided that a professional engineer certifies that the tower has sufficient strength to withstand hurricane -force winds of a velocity that have occurred, or can be expected to occur in the area, and that should winds of greater velocity occur, the design of the tower is such as to bend rather than fall. (2) The owners of easements and rights -of -way within the setback must provide a letter of acknowledgment of the proposed tower location. (D) Signs No business signs, billboards, or other advertising shall be installed on the tower or security fencing. (E) Security Security fencing at least six feet in height shall be installed around the base of the tower or the tower shall be equipped with a professional engineer -certified anti -climb device. Published data or documentation for an anti -climb device must be provided to support such device and must be of such nature to enable the building inspector to easily determine that the anti -climb device has been installed in accordance with such data, otherwise a professional engineer must certify that the anti -climb device has been properly installed. (F) Lighting Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other federal or state authority and in no case shall exceed the required minimum. Prior to construction of the tower, the applicant shall be required to submit documentation from the FAA that the lighting is the minimum lighting required by the FAA. (G) Abandonment Any tower that ceases to be use for communications broadcasting and/or broadcast receiving as permitted by this Ordinance for a period of more than nine months shall be removed by the tower owner at his/her expense. The removal shall occur within ninety days of the end of such nine -month period. (H) Site Plan Requirements In addition to the requirements of subsection A-1-2 of Appendix 1, the following information shall be provided on the site plan: applicable setbacks, easements and rights -of -way, fencing, access, and an area map indicating the proposed tower and coverage, other towers and coverage areas, and any approved tower sites within a five mile radius. (1) Other Requirements Proof of ownership of the proposed site or authorization to use it and copies of any easements impacting the site. • 0 • • 11 Telecommunications Towers The Telecommunications Act gives the FCC sole jurisdiction of the field of regulation of RF emissions. Acceptable locations --Public property vs. private property. Should the city promote locations on public property to the exclusion of using.private property? Two-tier permissible use approval process: zoning permit on public properties and special or conditional use permit elsewhere. Development standards that address location, collocation, setback, structural requirements (including stealth design), access, landscaping, maintenance, and abandonment. City of New Bern Table of Permissible Uses 2115100 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-51F R-20 R-15 R-10S R-10 R-10A R-8 R-6 C-5 C-5A C4 C-2 C-3 C-4 1-1 1-2 1.000 Residential 1.100 Single-family residence Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z S S 1.200 Duplex Z Z Z Z Z Z Z Z Z Z Z Z Z S S 1.300 Multifamily residence Z Z Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S S S 1.400 Group homes emphasizing special services, treatment, or supervision 1.410 Hemer, fGF handiGapped OF iAfiFm Family care homes Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 1.420 Boardinghouses, rooming houses S S S S S S S S S S 1.430 Elderly housing designed for independent living with separate housing units S S S S S S S S S S S S 1.440 Group care homes S S S S S S S S S S S S S S 1.500 Temporary residence 1.510 Hotels and motels S S S 1.520 Bed and breakfast and other temporary residences renting rooms for relatively short periods of time S S S Z Z S S S S 1.530 Homeless shelter C C C C C .608 Home emphasizing speGial sepviGes, ASUPePASiGf:�- Numing raFe homes,' S S S S S S Z S Z heroes 1.540 Halfway houses C C C C 1.639 Z Z S S S S S S S Z Z Z Z Z Z 1.600 Day Care Homes 1.610 Dav care home small Z Z Z Z_ Z Z Z Z Z Z Z Z Z Z_ Z 1.620 Day care home [Me D D D D D D D D D D D D --Z D —Z D D D D 1.700 Residential subdivisions (refer to subdivision regulations, section 15-79 1.800 Manufactured homes 1.810 On individual lots Z Z Iz 1.811 Class A manufactured home Z IZ Iz Ld City of New Bern Table of Permissible Uses 2/15100 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-51F R-20 R-15 R-10S R40 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C-4 1-1 1-2 1.812 Class B manufactured home Z Z 1.813 Modular home Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 1.820 Mobile home parks Z, S Z, S Z, S 1.821 Class C manufactured home in manufactured home parks only Z Z Z 1.900 Home occupations Z Z Z 1z Z Z Z Z Z Z Z Z Z Z Z Z 2.000 Sales and rental of goods, merchandise and equip ment 2.100 No storage or display outside fully enclosed building 2.110 High -volume traffic generation (NCDOT standard Z, S Iz, S Z, S Z, S Z, S 2.120 Low -volume traffic generation (NCDOT standard Z, S Z, S Z, S Z, S Z, S 2.200 Storage and display of goods outside fully enclosed building allowed 2.210 High -volume traffic generation iz, S Z, S Z, S Z, S Z, S 2.220 Low -volume traffic generation Iz, S Z, S Z, S Z, S Z, S 2.230 Wholesale sales Z, S Z, S Z, S Z, S Z, S 3.000 Office, clerical, research and services 3.100 All operations conducted entirely within fully enclosed building 3.110 Operations designed [to] attract and serve customers for clients on the premises, such as the offices of attorneys, physicians, other professions, insurance and stock brokers, travel agents, government office buildings, etc. Z, S Z, S Z, S Z, S Z, S Z, S Z, S 3.115 Government office buildings and supporting services contained within a fullv enclosed building C C C C C C C C C Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S • City of New Bern Table of Permissible Uses 2115100 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-51F R-20 R45 R-10S R-10 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C4 14 1-2 3.120 Operations designed to attract little or no Z, S Z, S Z, S Z, S Z, S Z, S Z, S customer or client traffic other than employees of the entity operating the principal use 3.130 Offices or clinics of physicians or dentists Z, S Z, S Z, S Z, S Z, S Z, S Z, S with not more than 10,000 square feet of toss floor area 3.200 Operations conducted within or outside fully enclosed building 3.210 Operations designed to attract and serve Z, S Z, S Z, S Z, S Z; S Z, S Z, S customers or clients on the premises 3.220 Operations designed to attract little or no Z, S Z, S Z, S Z, S Z, S Z, S Z, S customers or clients other than the employees of the entity operating the 3.230 M"W it#®rive-in windows Z, S Iz, S Z, S Z, S Z, S Z, S Z, S 4.000 Manufacturing, processing, creating, repairing, renovating, cleaning, assembling of goods, merchandise and equipment 4.100 All operations conducted entirely within Z, S Z, S fully enclosed[building] 4.110 Mechanical hi -tech shops and cabinet Z, S Z, S Z, S shops, no greater than 25 employees 4.200 Operations conducted within or outside Z, S Z, S fully enclosed building 5.000 Education, cultural, religious, philanthropic, social, fraternal uses 5.100 Schools 5.110 Elementary and secondary (including C C C C C C C C C C C associated grounds and athletic and other facilities • City of New Bern Table of Permissible Uses 2/15100 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-51F R-20 R-15 R-10S R40 R-10A R-8 R-6 C-5 C-5A C-1 I C-2 C-3 C-4 14 1-2 5.120 Trade or vocational schools C C C C 5.130 Colleges, universities, community C C C C colleges (including associated facilities such as dormitories, office buildings, athletic fields, etc. 5.200 Churches, synagogues and temples Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S (including associated residential structures for religious personnel and associated buildings but not including elementary schools or secondary school buildings) 5.300 Libraries, museums, art galleries, art centers and similar uses (including associated education and instructional activities 5.310 Located within a building designed and Z Z Z Z Z Z previously occupied as a residence or within a building having a gross floor area not in excess of 3,500 square feet 5.320 Located within any existing or new Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S structure 5.400 Social, fraternal clubs and lodges, union Z, S Z, S Z, S Z, S Z, S Z, S Z, S Z, S halls, and similar uses 6.000 Recreation, amusement, entertainment 6.100 Activity conducted entirely within building or substantial structure 6.105 Bowling alleys, skating rinks, indoor Z, S Z, S tennis courts and similar uses 6.110 Billiards and pool halls S S Z, S Z, S Z, S 6.115 Indoor athletic and exercise facilities Z, S Z, S Z, S Z, S Z, S 6.120 Movie theaters 6.121 Seating capacity of not more than 300 Z, S Z, S Z, S Z, S Z, S 6.122 Unlimited seatin ca acit Z, S Z S 0 0 0 City of New Bern Table of Permissible Uses 2115/00 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-51F R-20 R-15 R40S R40 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C-4 14 1-2 6.125 Adult establishments Is 6.130 Coliseums, stadiums, and all other C C facilities listed in the 6.1 classification designed to seat or accommodate simultaneously more than 1,000 people 6.200 Activity conducted primarily outside (See following categories) enclosed buildings or structures 6.210 Privately owned outside recreational S S S S S S S S S S S S S facilities such as golf and country clubs, swimming or tennis clubs, etc., not constructed pursuant to permit authorizing the construction of some residential development 6.220 Publicly owned and operated outdoor S S S S S S S S S S C C S S S recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc. not constructed pursuant to a permit authorizing the construction of another use such as a school 6.230 Golf driving ranges not accessory to golf Z, S Z, S Z, S Z, S Z, S courses, par 3 golf courses, miniature golf courses, skateboard parks, water slides, and similar uses 6.240 Horseback riding stables (not constructed S S pursuant to permit authorizing residential development) 6.250 Automobile and motorcycle racing tracks 6.260 Drive-in movie theaters S6.270 Marinas S S S S S P000 6.300 S ecial events Z Z Z Z Z Z Institutional residences or care [or] confinement facilities City of New Bern Table of Permissible Uses 2115100 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-517 R-20 R-15 R-10S R-10 R-10A R-8 R-6 C-5 C-SA C-1 C-2 C-3 C-4 1-1 1-2 7.100 Hospitals, clinics, other medial (including S S mental health) treatment facilities in excess of 10,000 square feet of floor area 7.200 inteFmediate S S S S S S S S , Nursing, convalescent, and arouq care institutions 7.300 Institutions (other than halfway houses) C where mentally ill persons are confined 7.400 Penal and correctional facilities C C 8.000 Restaurants, bars, nightclubs 8.100 No substantial carry -out service, no drive- Z Z Z Z Z in service, no service or consumption outside fully enclosed structure allowed 8.200 No substantial cant' -out service, no drive- Z Z Z Z Z in service; service or consumption outside fully enclosed structure allowed 8.300 Carry -out service, consumption outside Z Z Z Z Z fully enclosed structure allowed; no drive- in service 8.400 Cary -out service, drive-in service or Z Z consumption outside fully enclosed structure allowed 8.500 Gourmet and specialty shops, on -or off- Z Z Z Z Z Z premises consumption, maximum seating capacity of 20 9.000 Motor vehicle related sales and service o erations 9.100 Motor vehicles sales or rental or sales Z, S is Z, S Z, S and service • City of New Bern Table of Permissible Uses 2115100 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-517 R-20 R46 R-10S R40 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C-4 1-1 1-2 9.200 Automobile service stations Z, S Z, S Z, S Z, S Z, S Z, S 9.300 Gas sales operations Z, S Z, S Z, S Z, S Z, S Z, S 9.400 Automobile repair shopor bodyshopZ, S Z, S Z, S Z, S 9.500 Carwash S Z Z Z 10.000 Storage and parking 10.100 Automobile parking garages or parking S S Z, S Z Z Z lots not located on a lot on which where is another principal use to which the parking is related 10.200 Storage of goods not related to sale or Z Z use of those goods on the same lot where they are stored 10.210 All storage within completely enclosed Z, S Z Z structures 10.220 Storage inside or outside completely S Z Z enclosed structures 10.300 Parking of vehicles or storage of S S Z Z equipment outside enclosed structures where: (7 vehicles or equipment are owned and used by the person making use of lot, and (ii) parking or storage is more than a minor and incidental part of the overall use made of the lot 11.000 SGFap matedals salvage, ' S automobile gFaveyaFd-s Salvage yarns: auto parts, scrap processing 12.000 Services and enterprises related to animals 12.100 Veterinarian, all activities totally within Z Z Z Z Z enclosed building 12.200 Kennel .(totally enclosed S S Z Z 12.300 Kennel outside completely enclosed Z Z City of New Bern Table of Permissible Uses 2115100 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-5F R-20 R45 R-10S R-10 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C-4 1-1 1-2 18.100 Household antenna affixed to dwelling with total from grade not to exceed 35 feet Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 18.200 Household antenna affixed to dwelling with total from grade more than 35 feet or not attached and receive -only earth stations Z Z S S S S S S S S S S S S S Z Z 18.300 Telecommunication towers 18.310 Telecommunication towers, located on existing structures Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 18.320 All other telecommunication towers S S S S Is S S S 18.400 Buildings of [or] structures in excess of 35 feet (refer to Article XI1, Section 15- 189 19.000 Open air markets (farm and craft markets, flea markets, product markets Z Z S S Z S Z Z 20.000 Funeral home Z Z Z 21.000 Cemetery and crematorium 21.1100ICemetery S S S S S S S S S S S S S S S S S 21.200 Crematorium S Z Z 22.000 Nursery schools, day care centers S S S S S S S S S S S S Z Z Z Z 23.000 Temporary structures used in connection with the construction of a permanent building or for some nonrecurring Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 24.000 OffgNion S S S IZ 25.000 Commercial greenhouse operations 25.100 No on -premises sales Z Z Z S Z Z 25.200 On -premises sales permitted Z Z Z S Z Z 26.000 Nonresidential subdivisions (refer to subdivision regulations, Section 15-79 27.000 Combination uses Reserved .7 City of New Bern Table of Permissible Uses .2/15100 Z = Permitted Use; S = Special Use; C = Conditional Use Uses Description A-5 A-6F R-20 R-15 R 10S R-10 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C-4 1-1 1-2 28.000 Planned unit developments (refer to subdivision regulations, section 15-79 (Ord. No. 1994-60, § 2, 10-11-94; Ord. No. 1995-16, § 1, 4-11-95; Ord. No. 1995-59, § 1, 10-24-95; Ord. No. 1995-60, § 1, 10-24-95; Ord. No. 1996-8, § 1, 1-23-96; Ord. No. 1996-13 4, 2-13-96; Ord. No. 1996-22, § 1, 3-26-96 10 PRELIMINARY DRAFT AMENDMENT Development Standards for Particular Uses City of New Bern 1. Amend Section 15-163, Particular Use to add development standards for all uses listed in the Table of Permissible Uses (Section 15-146) that are permitted by conditional or special use permit and for which there are currently no specific development standards delineated in Section 15-163. Currently, 15 uses (including proposed draft amendments) have specific development standards outlined in Section 15-163 or in Sections 15-164 through 15-170. The attached table lists these uses as well as additional uses for which the preparation of specific development standards are recommended. Formally delineating standards is important for ensuring that certain uses comply with development standards and guidelines that have been determined to be necessary in making such uses compatible in the zoning district in which they are proposed to be located. Having specific development standards delineated in the Land Use Ordinance also helps to ensure consistency in the review and approval of such uses; thereby lessening the chances of allegations of unfair and unequal treatment by the permit -approving authority (Board of Adjustment or Board of Aldermen) Should the staff decide to proceed with this preliminary amendment, specific development standards will be drafted for inclusion in Section 15-163. 2. Amend Section 15-147, Use of the designations Z, S, C in the table of permissible uses to read: Use of the designations Z, S, C, and D in the table of permissible uses. Add a subsection (e) to Section 15-147 to explain the 'D' designation. The addition of another type of permit to the table of permissible uses is recommended to accommodate those uses that have specific development standards that must be met prior to the issuance of a zoning permit by the zoning administrator. This permit would be designated as a 'development permit' (D) and would be issued by the zoning administrator. It would be similar to a zoning permit except that specified development standards (delineated in Section 15- 163) would have to be met. Such a permit would expedite the permitting review and approval process since this type of permit would replace many of the permits that currently require approval by the Board of Adjustment; therefore eliminating the need for public hearings and an expanded review and approval process. Additional portions of the Land Use Ordinance, such as Article IV, Permits and Final Plat Approval, will also need some minor revisions to accommodate the inclusion of the development permit. Draft Land Use Ordinance Amendment 1 November 15, 1999 3. Amend Section 15-146, Table of Permitted Uses, to indicate which uses 0 are authorized by a development permit (D). • • The attached draft table of permissible uses illustrates which uses would be authorized by a development permit. Draft Land Use Ordinance Amendment 2 November 15, 1999 • Examples Of Development Standards For Specific Uses (A) Where Required R-6, R-8, R-10, R-15, AD, RMH, M-1, M-2, and PUD districts. (B) Security Fencing Outdoor activity area(s) for children shall be enclosed by a security fence at least 6 feet in height and shall be located outside of the street setback. (C) Location Centers on a site greater than 3 acres shall have access to a collector or thoroughfare street. (D) Hours of Operation In residential districts, the use shall not be operated between the hours of 7 pm and 7 am. (A) Where Required: R-6, R-8, R-10, R-15, AD, 01, CMU, and PUD districts. (B) General Requirements (1) The accessory dwelling unit is permitted on the same lot with a principal dwelling unit. (2) No more than one accessory dwelling unit is permitted on the same lot with a principal dwelling unit. (3) No accessory dwelling unit shall be permitted on the same buidable lot with a two-family or multi family dwelling or family care home. I (C) Accessory Dwelling Unit Within A Detached Accessory Structure (1) Detached accessory dwelling units with a gross floor area of less than 600 square feet shall be located at least 10 feet from side and rear property lines. Accessory dwelling units with a gross floor area of 600 square feet or greater shall meet the setback requirements of the principal building. (2) Detached accessory dwelling units shall be located behind and at least 20 feet from the principal dwelling. (3) The lot containing both the principal dwelling and a detached accessory dwelling shall have one and one-half times the minimum lot area required for the district in which located. (4) A detached accessory dwelling unit may be a manufactured home in districts which permit manufactured homes. (5) A detached accessory dwelling unit may be a dwelling unit which is part of an accessory garage or a free-standing dwelling unit meeting the NC Building Code. (6) A detached accessory dwelling unit, other than a manufactured home, shall have no more that 50 percent of the gross floor area of the principal building. (C) Accessory Dwelling Unit Within a Principal Single -Family Dwelling (1) The principal building shall not be altered in any way so as to appear from a public or private street to be multi -family housing. Prohibited alterations include, but are not limited to, multiple entranceways, or multiple mailboxes. Access to the accessory dwelling unit shall be by means of an existing side or rear door, except where a new entrance is required by the NC Building Code. No new doorways or stairways to upper floors are permitted if they are attached to the side of a building facing a public or private street. (2) An accessory dwelling unit shall occupy no more than 25 percent of the heated floor area of the principal building. The sum of all accessory uses (including home 2 occupations) in a principal building shall not exceed 25 percent of the total floor area. (A) Where Required R-6, R-8, R-10, R-15, AD, RMH, and PUD districts. (B) Location Church facilities located on sites of 3 acres or more shall have direct access to a collector or higher capacity street. (C) Minimum Property Setbacks The minimum street setback shall be at least 25 feet greater than that required for a single-family dwelling for the zoning district in which located. The minimum side and rear setbacks shall be at least 50 feet. (D) Screening All off-street parking lots shall be screened from all adjoining P 9 1 n9 single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11- 3.1(B). -0-5051 rererFi (A) Where Required R-6, OI, NB, and PUD districts. (B) Maximum Area A maximum of 3,000 square feet of gross floor area shall be permitted per establishment. (C) Outside Storage No outside storage of materials shall be permitted. 0 (D) Gasoline Service Islands/Pumps 3 0 There shall be no more than 2 gasoline service islands. (A) Where Required CB, 01, NB, CMU, and PUD districts. (B) Operation (1) Air compressors, hydraulic hoists, pits, repair equipment, greasing and lubrication equipment, auto washing equipment, and similar equipment shall be entirely enclosed within a building. (2) No outside storage of materials shall be permitted. The number of vehicles stored outdoors shall not exceed the number of service bays at the establishment. (C) Gasoline Service Islands/Pumps 0 There shall be no more than 2 gasoline service islands. (A) Where Required GB and HB districts. (B) Minimum Area The minimum lot depth from the tees to the end of the driving area shall be 1,000 feet or the end shall be controlled with netting and/or berms to prevent golf balls from leaving the property. (C) Security Fencing Fencing, netting, trees, berms, or other control measures shall be provided around the perimeter of the driving area so as to prevent golf balls from leaving the driving area. (D) Screening All off-street parking lots shall be screened from all adjoining single- family residential uses or residentially -zoned lots by a buffer yard. n • • The required buffer yard shall comply with the requirements of Section 11-3.1(B). (E) The hours of operation allowed shall be compatible with the land uses adjacent to the proposed site. In no case, however, shall such use that adjoins residentially used or zoned property conduct business between the hours of 10 pm and 8 am. (F) The amount of noise generated shall not disrupt the activities of the adjacent land uses. 5 INDIVIDUAL USE STANDARDS New Bern Land Use Ordinance Draft Amendment 11/15/99 Uses with development standards currently delineated in the LUO (including draft amendments) 1.420 Boarding houses, rooming houses 1.440 Group care homes 1.520 Homeless shelter 1.811 Manufactured homes on individual lots 1.820 Mobile home parks 5.110 Elementary and secondary schools 5.200 Churches, synagogues and temples 6.125 Adult establishments 6.270 Marinas 6.300 Special events 7.000 Institutional residences or care or confinement facilities 7.200 Nursing, convalescent, and group care institutions 11.000 Salvage yards; auto parts, scrap processing 18.200 Household antenna and receive -only earth stations 18.300 Telecommunication towers AM Proposed additional uses for which development standards should be developed 1.300 Multi -family residence 1.430 Elderly housing 1.900 Homes Occupations 3.115 Government office buildings 3.200 Office/research operations conducted outside fully enclosed building 4.200 Manufacturing, processing, etc. conducted outside fully enclosed building 5.120 Trade or vocational schools 5.130 Colleges, universities, etc. 5.320 Libraries, museums, etc. located within any existing structure 5.400 Social, fraternal clubs and lodges 6.105 Bowling alleys, skating rinks, etc. 6.110 Billiards and pool halls 6.122 Indoor movie theaters 6.210 Privately owned outside recreational facilities, campgrounds, shooting ranges 6.200 Publicly owned and operated recreationa facilities 6.230 Golf driving ranges, miniature golf courses 6.240 Riding stables 6.250 Automobile and motorcycle racing tracks 6.260 Drive-in movie theaters 7.100 Hospitals 7.300 Institutions where mentally ill persons are confined 7.400 Penal and correctional facilities 9.100 Motor vehicle sales 9.200 Automobile service stations 9.300 Gas sales operations 9.400 Automobile repair shop or body shop 9.500 Carwash 10.220 Storage inside or outside completely enclosed structure 12.200 Kennel (outside completely enclosed structure) 13.100 Police stations 13.200 Fire stations 13.300 Rescue squad, ambulance service 14.120 Livestock operations 14.200 Forestry operations (with temporary sawmill) 14.210 Forestry operations (without temporary sawmill) 14.300 Mining or quarrying operations 14.400 Reclamation landfill 15.200 Airport 15.300 Heliport 15.300 Sanitary landfill 17.200 Community or regional utility facilities 19.000 Open air markets, flea markets 21.100 Cemetery 22.000 Day care centers 23.000 Temporary construction structures • 0 wSpecial and Conditional Uses ew Bern Land Use Ordinance 417/99 S=Special use permit C=Conditional use permit C/S=Conditional use permit in specified zones, special use in other zones Some uses involving two acres or less are allowed by zoning permit but require a special use permit if over two acres Permit Type Description of Use Residential Uses S Single-family residence S Duplex S Multifamily residence S Homes for handicapped or infirm S Boarding houses, romming houses S Elderly housing designed for independent living S Hotels and motels S Bed and Breakfast C Homeless shelter S Nursing care homes, intermediate care homes C Halfway houses S Child care homes S Mobile home parks Retail Uses S High -volume traffic generation S Low -volume traffic generation S Wholesale sales Office Uses S Operations to attract and serve customers on the premises C/S Government offices S Operations with little or no customer traffic S Medical offices S Banks with drive-in windows Manufacturing Uses S Operations within or outside of an enclosed building S Mechanical hi -tech and cabinet shops Educational, Cultural, Religious, Social Uses C Elementary and secondary schools C Trade/vocational school C Colleges/universities S Churches S Libraries, museums, art galleries S Social/fratemal clubs, lodges Recreation, Amusemen4 and Entertainment Uses S Bowling alleys, skating rinks, indoor tennis clubs, etc. S Billiards and pool halls S Indoor athletic/excerise facilities S Movie theaters S Adult establishments C Coliseums, stadiums S Private outdoor recreational facilities such as golf course, country club, etc. C/S S Public outdoor recreational facilities Golf driving range, miniature golf S Horseback riding stables S Drive-in movie theaters Institutional Residences/Confinement Facilities S Hospital, clinics over 10,000 sq. feet C/S Nursing care institutions, intermediate careinstitutions C Institution for mentally ill C Penal/correctional facilities Motor Vehicle Sales and Service S Motor vehicle sales and rental S Service stations S Gas sales operations S Repairlbody shops S Carwash Storage and Parking S Parking garages and lots not on lot with principal use S Storage inside and outside structures S Parking of vehicles/equipment outside structure S Salvage Yards/Junkyards S Kennels Emergency Services C/S Police stations C/S Fire stations C/S Rescue squad/ambulance service Agricultural, Forestry, Mining Uses S Livestock operations S Forestry operations C Mining/quaning C Reclamation landfill Miscellaneous Public Facilities S Post office C Airport S Heliport C Sanitary landfill S Reserve/national guard centers Utility Facilities S Neighborhood utility facilities C/S Regional utility facilities Towers S Household towers over 35 feet/receive-only earth station S Towers over 50 feet Miscellaneous Uses S Open air/produce markets S Cemetery/crematorium S Nursery schools/day care centers S Bus station S Commercial greenhouse operations Uses with Supplementary Standards Delineated in the Land Use Ordinance Section Use 15-150 Accessory uses 15-154 Combination uses 15-155 Planned unit developments 15-162 Special events 15-163 (a) Places of worship 15-163 (b) Public and private schools 15-163 (c) Noncommercial parks, playgounds 15-163 (d) Child care homes 15-163 (e) Homeless shelters 15-164 Mobile homes outside of mobile home parks 15-165 Mobile home parks 15-166 Satellite receive -only earth stations 15-167 Condominiums 15-168 Sale of townhouses 15-169 Adult establishments • 0 City of New Bern Table of Permissible Uses 11/15/99 DRAFT Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable Uses Descri tion A-5 A-5F R-20 R-15 R40S R-10 R-10A R-8 R-6 C-5 C-SA C-1 C-2 C-3 C4 1-1 1-2 1.000 Residential 1.100 Single-family residence Z Z Z Z Z Z Z Z Z Iz Z Z IZ Z Z D D 1.200 Duplex Z Z Z Z Z Z Z Iz Z Z Z Z IZ D D 1.300 Multifamily residence D D D D D D D ID D D D D D D 1.400 Group homes emphasizing special services, treatment, or supervision 1.410 Family Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z care homes 1.420 Boarding houses, rooming houses D D ID D D D D D D 1.430 Elderly housing designed for independent living with separate housing units D D D D D D ID D D D D D 1.440 Group care homes S S S 1.500 Temporary residence 1.510 Hotels and motels Z Z Z 1.520 Bed and breakfast and other temporary residences renting rooms for relatively short periods of time S* S* S* D D D D D D 1.530 Homeless shelter C C C IC C 1.600 Hem sperial 68FVOGes, s emphasizing Reserved 4.619 NuFsiAg raFe homes,' S S S S S S Z Z homes 1.620 Halfway houses G IG G G 4.638 Z Z S S S S Z Z Z Z Z Z 1.700 Residential subdivisions (refer to subdivision regulations, section 15-79 1.800 Manufactured homes 1.810 On individual lots D D ID 1.811 IClass A manufactured home D D D 1.812 Class B manufactured home D D 1.813 Modular home Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 1.820 Mobile home arks D, S 1 1 1 1 1 D, S D, S City of New Bern Table of Permissible Uses 11/15/99 DRAFT Z = Permitted Use; S = Special Use; C. = Conditional Use; D = Develo ment Standards Are Applicable Uses Description A-5 A-517 R-20 R-15 R-10S R-10 R-10A R-8 R-6 C-5 C-SA C-1 j C-2 C-3 C4 14 1-2 1.821 Class C manufactured home in Z Z Z manufactured home parks only 1.900 Home occupations D D D D D D D D D D D D D D D D 2.000 Sales and rental of goods, merchandise and equipment 2.100 No storage or display outside fully enclosed building 2.110 High -volume traffic generation (NCDOT Z Z Z Z Z standard 2.120 Low -volume traffic generation (NCDOT Z Z Z Z Z standard 2.200 Storage and display of goods outside fully enclosed building allowed 2.210 High -volume traffic generation Z Z Z Z Z 2.220 Low -volume traffic generation Z Z Z Z Z 2.230 Wholesale sales Z Z Z Z Z 3.000 Office, clerical, research and services 3.100 All operations conducted entirely within fullyenclosed building 3.110 Operations designed [to] attract and Z Z Z Z Z Z Z serve customers for clients on the premises, such as the offices of attorneys, physicians, other professions, insurance and stock brokers, travel agents, govemment office buildings, etc. 3.115 Govemment office buildings and D D D D D D D D D Z Z Z Z Z Z Z Z supporting services contained within a fully enclosed building City of New Bern Table of Permissible Uses 11/15/99 DRAFT Z = Permitted Use; S = Special Use; C = Conditional Use; D = Development Standards Are Applicable Uses Description A-5 A-517 R-20 R-15 R40S R-10 R40A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C-4 1-1 1-2 3.120 Operations designed to attract little or no Z Z Z Z Z Z Z customer or client traffic other than employees of the entity operating the principal use 3.130 Offices or clinics of physicians or dentists Z Z Z Z Z Z Z with not more than 10,000 square feet of gross floor area 3.200 Operations conducted within or outside ,fully enclosed building 3.210 Operations designed to attract and serve D D Z Z Z D Z customers or clients on the premises 3.220 Operations designed to attract little or no D D Z Z Z D Z customers or clients other than the employees of the entity operating the principal use 3.230 Banks with drive-in windows Z Z Z Z Z Z Z 4.000 Manufacturing, processing, creating, repairing, renovating, cleaning, assembling of goods, merchandise and equipment 4.100 All operations conducted entirely within Z Z fully enclosed[building] 4.110 Mechanical hi -tech shops and cabinet Z Z Z shops, no greater than 25 employees 4.200 Operations conducted within or outside D D fully enclosed building 5.000 Education, cultural, religious, philanthropic, social fratemal uses 5.100 Schools City of New Bern Table of Permissible Uses 11/15/99 DRAFT Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable Uses Description A-5 A-517 R-20 R-15 R-10S R-10 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 I C-4 1-1 1-2 5.110 Elementary and secondary (including C C C C C C C C C C C associated grounds and athletic and other facilities 5.120 Trade or vocational schools C C IC C 5.130 Colleges, universities, community C C C C colleges (including associated facilities such as dormitories, office buildings, athletic fields, etc. 5.200 Churches, synagogues and temples D, S D, S D, S D, S D, S D, S D, S D, S D, S Z Z Z Z Z Z (including associated residential structures for religious personnel and associated buildings but not including elementary schools or secondary school buildings) 5.300 Libraries, museums, art galleries, art centers and similar uses (including associated education and instructional activities 5.310 Located within a building designed and Z Z Z Z Z Z previously occupied as a residence or within a building having a gross floor area not in excess of 3,500 square feet 5.320 Located within any existing or new Z, S Z, S Z, S Z, S Z, S Iz, S Z, S Z, S structure 5.400 Social, fraternal clubs and lodges, union D, S D, S D D D D D D halls, and similar uses 6.000 Recreation, amusement, entertainment 6.100 Activity conducted entirely within building or substantial structure 6.105 Bowling alleys, skating rinks, indoor Z, S Z, S tennis courts and similar uses 6.110 Billiards and pool halls • City of New Bern Table of Permissible Uses "'15/99 DRAFT Z = Permitted Use; S = S ecial Use; C = Conditional Use; D = Develo ment Standards Are A plicable Uses Description A-5. A-51F R-20 R-15 R-10S R40 R-10A R-8 R-6 C-5 C-SA C-1 C-2 C-3 C-4 14 1-2 6.115 Indoor athletic and exercise facilities Z Z Z Z Z 6.120 Movie theaters 6.121 Seating capacity of not more than 300 D D D D D 6.122 Unlimited seating capacity D D 6.125 Adult establishments S 6.130 Coliseums, stadiums, and all other C C facilities listed in the 6.1 classification designed to seat or accommodate Isimultaneously more than 1,000 people 6.200 Activity conducted primarily outside (See following categories) enclosed buildings or structures 6.210 Privately owned outside recreational D D D D D D D D D D D D D facilities such as golf and country clubs, swimming or tennis clubs, etc., not constructed pursuant to permit authorizing the construction of some residential development 6.220 Publicly owned and operated outdoor D D D D D D D D D D D D D D D recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc. not constructed pursuant to a permit authorizing the construction of another use such as a school 6.230 Golf driving ranges not accessory to golf D D D D D courses, par 3 golf courses, miniature golf courses, skateboard parks, water slides, and similar uses 6.240 Horseback riding stables (not constructed D D pursuant to permit authorizing residential development) 6.250 Automobile and motorcycle racing tracks S 6.260 Drive-in movie theaters I is Is • City of New Bern Table of Permissible Uses 11/15/99 DRAFT Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable Uses Description A-5 A-51F R-20 R45 R40S R-10 R-10A R-8 R-6 C-5 C.6AIC-1 C-2 C-3 C-4 14 1-2 6.270 Marinas D D D D D 6.300 Special events D D D D D D 7.000 Institutional residences or care or confinement facilities 7.100 Hospitals, clinics, other medial (including S S mental health) treatment facilities in excess of 10,000 square feet of floor area 7.200 S S S S S S D D ,' rare *n6titutlen6, handirapped OF Nursing, convalescent, and group care institutions 7.300 Institutions (other than halfway houses) C where mentally ill persons are confined 7.400 Penal and correctional facilities C C 8.000 Restaurants bars nightclubs 8.100 No substantial carry -out service, no drive- Z Z Z Z 2 in service, no service or consumption outside fully enclosed structure allowed 8.200 No substantial cany-out service, no drive- Z Z Z Z Z in service; service or consumption outside fully enclosed structure allowed 8.300 Carry -out service, consumption outside Z Z Z Z Z fully enclosed structure allowed; no ddve- in service 8.400 Carry -out service, drive-in service or Z Z consumption outside fully enclosed structure allowed 8.500 Gourmet and specialty shops, on -or off- Z Z Z Z Z Z premises consumption, maximum seating ca a ity of 20 City of New Bern Table of Permissible Uses 1/115/99 DRAFT Z = Permitted Use; S = Special Use; C = Conditional Use; D = Development Standards Are Applicable Uses Description A-5 A-517 R-20 R-15 R-10S R-10 R40A R-8 R-6 C-6 C-SA C-1> C=2 C-3 C-4 1-1 1-2 9.000 Motor vehicle related sales and service operations 9.100 Motor vehicles sales or rental or sales D D D D and service 9.200 Automobile service stations D D Z ID D D 9.300 Gas sales operations D D Z D Z Z 9.400 Automobile repair shop or body shop Z D Z Z 9.500 Carwash Z D Z Z 10.000 Storage and parking 10.100 Automobile parking garages or parking D D D D D D lots not located on a lot on which where is another principal use to which the parking is related 10.200 Storage of goods not related to sale or Z Z use of those goods on the same lot where they are stored 10.210 All storage within completely enclosed Z Z Z structures 10.220 Storage inside or outside completely D Z Z enclosed structures 10.300 Parking of vehicles or storage of D D Z Z equipment outside enclosed structures where: (i) vehicles or equipment are owned and used by the person making use of lot, and (H) parking or storage is more than a minor and incidental part of the overall use made of the lot 11.000 S Salvage yards; auto parts, scrap rocessin 12.000 Services and enterprises related to animals City of New Bern Table of Permissible Uses 11/15/99 DRAFT Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable Uses Description A-5 A-5F R-20 R-15 R40S R40 R-10A R-8 R-6 C-5 C-SA C-1 C-2 C-3 C-4 1-1 1-2 12.100 Veterinarian, all activities totally within enclosed building Z Z Z Z Z 12.200 Kennel(totally enclosed Z Z Z Z 12.300 Kennel outside completely enclosed D D 13.000 Emergency services 13.100 Police stations D D D D D D D D D D D Z Z Z Z Z Z 13.200 Fire stations D D D D D D D D D D D Z Z Z Z Z Z 13.300 Rescue squad, ambulance service D D D D ID D ID D ID D D Z Z Z Z Z Z 13.400 Civil defense operation Z Z Z Z Z Z Z 14.000 Agricultural, forestry, mining, quarrying operations 14.100 A ricultural operations, farming 14.110 Excluding livestock Z Z 14.120 Including livestock S S 14.121 Including livestock (involving at least 20 animals but no more than 200 animals S 14.200 Forestry operations (with temporary sawmill D D S D, S D, S 14.210 1 Forestry operations (without temporary sawmill Z Z S S S Z, S Z, S 14.300 Mining or quarrying operations, including on -site sales of products C 14.400 Reclamation landfill C C 15.000 Miscellaneous public and semipublic facilities 15.100 Post office Z Z Z Z Z 15.20OIAirport C C Heliport S S S Sanita landfill C C r15.3OO Milita reserve, National Guard centers Z Z Z 16.000D cleaner laundromat Z Z Z Z Z Z 17.000Utility facilities 17.10 NNei hborhood Z Z 2 Z Z Z Z Z Z Z. Z IZ ID Z Z Z Z • City of New Bern Table of Permissible Uses 11/15/99 DRAFT Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable Uses Description A-5 A-51F R-20 R45 R-10S R40 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C-4 1-1 1-2 17.200 Community or regional C C C C C C C C C C C C C D D D D 18.000 Towers and related structures 18.100 Household antenna affixed to dwelling with total from grade not to exceed 35 feet Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 18.200 Household antenna affixed to dwelling with total from grade more than 35 feet or not attached and receive -only earth stations D D D D D D D D D D D D D D D D D 18.300 Telecommunication towers 18.310 Telecommunication towers, located on existing structures Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 18.320 All other telecommunication towers S S S S S S S S 18.400 Buildings of for] structures in excess of 35 feet (refer to Article XII, Section 15- 189 19.000 Open air markets (farm and craft markets, flea markets, product markets Z Z D D Z D Z Z 20.000 IFuneral home Z Z Z 21.000 Cemetery and crematorium 21.100 Cemetery D D D D D D D D D D D D D D D D D 21.200 Crematorium Z Iz Z 22.000 Nursery schools, day care centers D D D D D D D D D Z Z Z Z Z Z Z 23.000 Temporary structures used in connection with the construction of a permanent building or for some Inonrecurring pu1pose D D D D D D D D D Z Z Z Z Z Z Z Z 24.000 Bus station Z Z Z Z 25.000 Commercial greenhouse operations 25.100 No on -premises sales Z Z Z Z Z Z 25.200 On -premises sales permitted Z Z I Z Z Iz Z City of New Bern Table of Permissible Uses 11/15/99 DRAFT Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable Uses Description A-5 A-51F R-20 R-15 R-10S R-10 R-10A R-8 R-6 C-5 C-5A C-1 C-2 C-3 C-4 1-1 1-2 26.000 Nonresidential subdivisions (refer to subdivision regulations, Section 15- 79 27.000 Combination uses Reserved 28.000 Planned unit developments (refer to subdivision regulations, section 15- 79 *Only in locally designated historic district (Ord. No. 1994-60, § 2, 10-11-94; Ord. No. 1995-16, § 1, 4-11-95; Ord. No. 1995-59, § 1, 10-24-95; Ord. No. 1995-60, § 1, 10-24-95; Ord. No. 1996-8, § 1, 1-23-96; Ord. No. 1996-13,§ 4, 2-13-96; Ord. No. 1996-22, § 1, 3-26-96 Z S Code Multi -fa mil : < 5 du = Z 5du>=S Other Uses: 2 acres or < = Z >2acres=S 10 Manufactured Home Definitions Manufactured Home. A dwelling unit, designed for use as a permanent residence, that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed for installation or assembly and installation on the building site. Manufactured Home, Class A. A dwelling unit that: (i) is not constructed in accordance with the requirements of the North Carolina Uniform Residential Building Code as amended, and (ii) is composed of two or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site, and (iii) meets or exceeds the construction standards of the US Department of Housing and Urban Development, and (iv) conforms to the following appearance criteria: (A) the manufactured home has a minimum width, as assembled on the site, of twenty feet; (B) the pitch of the manufactured home's roof has a minimum nominal vertical rise of three inches for each 12 inches of horizontal run and the roof is finished with asphalt or fiberglass shingles; (C) a continuous, permanent curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home; and (D) the tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. Manufactured Home, Class B. A manufactured home constructed after July1, 1996 that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction, but that does not satisfy all of the criteria necessary to qualify as a Class A manufactured home but meets the following standards: (A) skirting or a curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home and may consist of brick, masonry, vinyl, or similar materials designed and manufactured for permanent outdoor installation and (B) stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home are installed or constructed in accordance with the standards set by the NC Department of Insurance and attached firmly to the primary structure and anchored securely to the ground. Manufactured Home, Class C. Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home. Manufactured homes that do not meet the definitional criteria of Class A, B, or C manufactured homes are classified as recreational vehicles. Modular Home. A dwelling unit constructed in accordance with the standards set forth in the NC State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the NC State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site. Manufactured Home Park. A residential use in which more than two Class A, B, or Class C manufactured homes are located on a single lot or tract. Manufactured Home Space. A designated area of land within a manufactured home park designed for the accommodation of a single manufactured dwelling home in accordance with the requirements of this Ordinance. Manufactured Home Subdivision. A subdivision containing two or more building lots that are specifically designed to be sold for residential occupancy by manufactured home owners. See Section 11-4 for specific provisions related to manufactured home subdivisions. • • REZONING GUIDELINES For Elected and Appointed Officials General o Be familiar with the purposes of zoning. Consult the general 'purpose' section of the Land Use Ordinance for guidance. Also consult the section of the Land Use Ordinance which outlines the specific purposes and objectives of the individual zoning districts. o It is the responsibility of the City government to ensure that zoning decisions promote the health, safety, and general welfare of all residents of the county. There are many interests that comprise the 'public' interest. The various interests of all individuals and groups should be considered but the interest of the entire City should be the ultimate consideration in making zoning decisions. The only relevant issue in deciding whether to adopt a proposed amendment to the Land Use Ordinance is whether the proposed amendment advances the public health, safety, or welfare. o Be wary of 'speculative' rezoning requests where the need for a zoning change is not clearly demonstrated. It should always be the petitioner's responsibility to demonstrate that a proposed zoning change promotes the public health, safety, and general welfare. o Any advantages or disadvantages to the individual requesting a rezoning must not be the controlling factor in making a zoning decision. The impact of the proposed rezoning on the public at large must be the controlling factor. Be ever mindful that the public at large includes considerably more people than just the person making the request and the persons attending the hearing that are for or against the rezoning. Do not abdicate your responsibility as an elected or appointed government official to individual or special interests. o Base zoning decisions on recommendations and policies that are contained in the Land Use Plan or other City planning documents. Plans are intended to bring some consistency and impartiality in administrative decisionmaking. Zoning is an implementation tool intended to carry out the county's land use objectives and policies. o The zoning -enabling state statutes require that zoning be "in accordance with a comprehensive plan". North Carolina courts have not interpreted such statutes to mean that zoning must be compatible with a separate comprehensive plan document. The courts have ruled, instead, that zoning be based upon a reasoned consideration of the entire jurisdiction and the full range of land use issues facing the jurisdiction. Consequently, planning studies and policies contained therein provide a reasonable basis upon which to make decisions regarding the initial adoption of zoning or amendments to an existing ordinance. While a land use plan amendment is not legally New Sem September 3, 1999 required before making a zoning decision that is inconsistent with the land use plan, it would be prudent for the City to thoroughly review its plan and to specifically note the factors influencing the decision not to follow the plan. Ideally, an amendment to the land use plan would be adopted concurrently with the zoning decision. o Zoning actions should promote the type(s) of land uses that are recommended in the county's land use plan for the area being requested to be initially zoned or rezoned. o Consider past rezoning actions, if applicable, that the City has taken for the subject property and the immediate surrounding area. a Except for conditional use district rezonings, there must be no consideration of representations made by the petitioner for a rezoning that, if the rezoning is granted, the property will be used for only one of the possible range of uses allowed in the requested zoning classification. Rather the entire range of permitted uses in the. requested classification must be considered. A central question is whether the range of uses allowed in the requested classification is more appropriate than the range of use permitted in the existing classification. o Placing special conditions on a general rezoning are not enforceable. Special conditions may, however, be part of conditional use district rezonings. Be aware of the differences in general rezonings and conditional use district rezonings. Consult the section of the Land Use Ordinance that explains conditional use district rezonings. o Understand that'contract zoning' is illegal in North Carolina. Contract zoning occurs the City government and the property owner enter into a private agreement as to how the zoning power will be exercised. An example would be when the City rezones property to a certain classification in exchange for the property owner's agreement to develop a new City park in the area to be rezoned. o Consider the general suitability of the property to be initially zoned or. rezoned. Consider the impact of the zoning classification on public services such as streets, schools utilities, law enforcement, fire protection, etc. o Consult the 'amendments' section of the Land Use Ordinance for specific information regarding rules and procedures governing rezonings. o Consider the policy precedent the rezoning decision has on future rezoning requests. ❑ Use property lines, streets, or major natural features (rivers, lakes, etc.) to the maximum extent practicable as boundaries of zoning districts. o Be aware that using streets as a district boundary can, however, sometimes create compatibility problems by promoting differing land uses on opposite sides of the street (i.e., residential on one side of the street and commercial on the opposite side). o Avoid splitting parcels with zoning district boundaries. o If possible, avoid zoning district boundaries that are measured a specified distance parallel to a street right-of-way line. i New Bem 2 September 3, 1999 ❑ Avoid zoning a single parcel or a small area that is totally out of character with the zoning of the surrounding area. Such action could be challenged as 'spot zoning' and may be invalidated by the courts. While spot zoning in and of itself is not illegal in North Carolina, the courts look at whether the zoning decision made in small scale zoning cases is in the public interest rather than for the benefit of a few property owners at the expense of the entire community. ❑ Avoid creating small zoning districts just to accommodate an existing nonconforming use. Let the noncomforming provisions in the Land Use Ordinance text accommodate nonconforming use situations. ❑ Ensure adequate streets and utilities to accommodate zoning classifications that allow intensive development. ❑ Provide a transition between intensive zoning classifications (industrial or commercial) and residential zoning classifications; office, institutional, conservation classifications provide good transition districts. ❑ Understand the sometimes subtle differences and requirements of a legislative zoning hearing (i.e., hearings for rezonings, text amendments, adoption or repeal of zoning) and a evidentiary hearing (i.e., hearings for special and conditional use permits, variances, appeals, etc.). Consult the section of the Land Use Ordinance that describes the rules and procedures for hearings for amendments and hearings for special use or conditional use permits. ❑ Be aware of the statutory and constitutional limitations of zoning. For example, NCGS 160A-383.1 (c) prohibits municipalities from totally excluding manufacturing homes from its zoning. Consult with your planning staff and attorney about specific limitations. Commercial ❑ Ensure that the area proposed to be zoned for commercial use has adequate vehicular access to a major highway. ❑ Promote a nodal zoning pattern at intersection areas rather than a strip zoning pattern along a highway right-of-way. ❑ Ensure that utilities, existing or readily available, are adequate to accommodate zoning classifications that allow intensive commercial development. ❑ Consider the impact of the range of uses allowed with the proposed commercial district on any adjoining residential properties. ❑ Consider the potential impacts from increased vehicular traffic, noise, light, hours of operation, etc. that commercial uses may have on adjoining properties. Industrial ❑ Ensure that the area has adequate vehicular access to a major highway. New Bem 3 September 3, 1999 • E ❑ Ensure that utilities, existing or readily available, are adequate to accommodate intensive industrial development. ❑ Consider the impact of the range of uses allowed with the proposed industrial district on any adjoining residential properties. ❑ Consider the potential impacts from increased truck traffic, noise, glare, vibration, fumes, electrical interference, etc. that industrial uses may have on adjoining properties. New Bem 4 September 3, 1999 0 Home Occupations What is a home occupation? • Define. • List examples of permissible uses and activities. • List prohibited uses (examples could include restaurants, nursing homes, day care centers, funeral homes, etc.). • Determine if occupants only can be employed in the home occupation or if outside employees are allowed (specify number). • Determine if home occupations can be conducted only within a dwelling unit or also within an accessory building. Issues • Traffic. • Noise, odors, vibrations, electrical interference, etc. • Hours of operation. • Parking. • Vehicles used in conjunction with the home occupation. • Signs. • Change in external appearance. Is • TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) Purpose To allow for the development of fully integrated, mixed -use pedestrian -oriented neighborhoods. The intent is to minimize traffic congestion, suburban sprawl, infrastructure costs, and adverse environmental impacts. Uses Permissible land uses are specified, particularly nonresidential uses. Typically, residences are allowed in conjunction with limited, low -intensity retail uses; business and professional offices; mixed use structures containing residences and permitted nonresidential uses; public offices and services; and limited institutional uses. Guidelines for the distribution of permitted land uses are often provided. General Design Principles • Neighborhoods have identifiable centers and edges. • Neighborhoods have a discernible center such as a square or green. • Edge lots are readily accessible to nonresidential uses by pedestrian means. • Uses and housing types are mixed and in close proximity to one another. • A variety of dwelling types (single-family detached, single-family attached, multi- family) is provided. • Street networks are interconnected and blocks are small. • Streets are relatively narrow and shaded by rows of trees. • Civic buildings are given prominent sites throughout the development. • Neighborhood -sized playgrounds should be within walking distance (generally one - eighth of a mile) to residences. • Structures in the neighborhood center should be located close to the street to create a strong sense of place. • Parking lots and garage doors rarely front streets. Parking should be located to the rear of buildings and access provided by alleys. • Buildings for meetings, education, religion or culture should be located at the termination of a street or vista. • A homeowners association should be established. Sample Distribution of Permissible Land Uses Use Amount Attached dwellings 15-30% Detached dwellings 30% Shopfront 2-30% Other Commercial 5-15% Civic 2% Public 5% • Compatible building materials. Entranceways Additional design guidelines and performance standards that address exterior lighting standards, maximum impervious surface area, conversion and redevelopment of existing land use, permissible uses, fencing, etc. Design review process and procedures. Pariung lot setbacks. Revised tdscaping/buffering standards. Public right-of-way features —uniform street lighting, uniform signs, ornamental traffic control signals, enhanced landscaping, sidewalks, pedestrian crossings, festive banners, etc. • 0 • • • Compatibility Standards Outdoor Lighting Outdoor lighting structures shall be located, angled, shielded, or limited in intensity so as to cast no direct light upon adjacent property and to avoid the creation of a visual safety hazard to passing motorists. Noise Mechanical equipment producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence. Odors The use shall not generate fumes or odors beyond what normally occurs in the zoning district in which it is located. Hours of Operation The hours of operation allowed shall be compatible with the land uses adjacent to the proposed site. In no case, however, shall such use that adjoins residentially used or zoned property conduct business between the hours of 10 pm and 8 am. Vehicular Access The use shall have direct access to a collector or higher capacity street. However, if the use is intended to serve only a membership that is limited to a residential development, access may be provided from an interior street within the residential development. Use Separation Outdoor recreational areas and all buildings shall be located a minimum of 50 feet from any adjacent residentially -zoned property. Property Separation No such facility shall be located within one-half mile of an existing group care facility. Maximum Area A maximum of 3,000 square feet of gross floor area shall be permitted per establishment. Outside Storage No outside storage of materials shall be permitted. 1 • Screening All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B). Minimum Property Setbacks All buildings and structures shall be a minimum of 500 feet from any residentially -zoned or used lot. Fencing Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of the use. Vibration No vibration shall be produced which is transmitted through the ground and which is discernable without the aid of instruments at or beyond the lot line; nor will any vibration produce a particle velocity of 2.0 inches per second measured at or beyond the property line. Dust All unpaved areas shall be maintained in a manner, which prevents dust from adversely impacting adjoining properties. Dust and Particulates Emissions of dust and particulates shall be in accordance with the State of North Carolina rules and regulations governing air contamination and air pollution. Particulate matter emission from materials and products subject to becoming windborn will be kept to a minimum by paving, sodding, oiling, wetting, covering or other means such as to render the surface wind resistant. Points of ingress and egress shall be paved/hard-surfaced with either concrete or asphalt. Smoke and Burning Emissions of smoke and burning of non -vegetative matter shall not be permitted on the site of a salvage yard. Weeds and Vegetation Weeds and vegetation on the premises, other than trees and required screening materials, shall be kept at a height of not more than 6 inches. 2 STATUTORY AND CONSTITUTIONAL LIMITATIONS . ON ZONING AND LAND USE Manufactured Homes. NCGS 160A-383.1 (c) and 153A-341.1 No city nor county may adopt or enforce zoning regulations or other provisions, which have the effect of excluding manufactured homes from the entire zoning jurisdiction. Federal law preempts local construction and safety standards for manufactured housing. Local governments can, however, impose appearance standards on manufacturing housing. Regulations can not be based upon the ownership of the manufactured home. Restricting manufactured homes by age is questionable. If age restrictions are imposed the date of the enactment of the Federal Manufactured Home Construction and Safety Standards (1976) should be the benchmark. Vested Rights. NCGS 160A-385.1(e) (1) and 153A-344.1 A vested right, once established as provided for in this section, precludes any zoning action by a city or county which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site specific development plan or an approved development, (some exceptions are, however, delineated in these sections). Family Care Homes. NCGS 168-22 (a) A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts of all political subdivisions. No political subdivision may require that a family care home, its owner, or operator obtain, because of the use,,a conditional use permit, special use permit, special exception or variance from any such zoning ordinance or plan; provided, however, that a political subdivision may prohibit a family care home from being located within a one-half mile radius of an existing family care home. While state law permits a one-half mile separation between family care homes, it is unclear if this minimum separation requirement is valid under the Fair Housing Act. A 'family care home' is defined in the NCGS as an adult care home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more that six resident handicapped persons. 'Handicapped person' is defined as a person with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in NCGS 122C-3 (11) b. Handicapped/Family Status. Federal Fair Housing Act. Local governments are prohibited from discriminating on the basis of handicapped status. 'Handicapped' is defined to include a physical or mental impairment that substantially limits one or more of a person's major life activities. The definition does not, however, illegal use of or addiction to a controlled substance nor does it include persons whose tenancy would constitute a direct threat to the health or safety of others. Local governments must make reasonable accommodation in rules and policies to afford a handicapped person equal opportunity to use and enjoy a residence. Some courts have upheld local February 11, 2000 • regulations that limit the number of unrelated individuals that may occupy a single dwelling unit. However, courts have invalidated the regulation of the number of related individuals that live together. The Fair Housing Act provisions also prevent limitations on the number of persons that may occupy a single bedroom. Farms. NCGS 153-340 This statute prevents county zoning provisions from regulating bona fide farms, but any use of farm property for nonfarm purposes is subject to zoning regulations. 'Bona fide farm purposes' include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market (see Swine Farms below for the recent exception of large swine farms from this definition). Several court cases have provided some clarification on what constitutes a 'bona fide farm purpose'. For instance, one court case ruled that dogs are not livestock and thus dog breeding and kennel operations are not included in the exemption of NCGS 153-340. Unlike counties, cities have the authority to regulate agricultural operations within their jurisdictions. Swine Farms. NCGS 153A-340. This statute pertains to county zoning only and was recently amended to remove large swine farms from the bona fide farm exemption from county zoning. The definition of large swine farms is currently tied to the permitting requirements for animal waste management systems. Basically, hog farms with 250 or more swine are required to have an animal waste management system approved by the state. Hog farms served by an animal waste management system with a design capacity of 600,000 pounds steady state live weight or greater may be subjected to county zoning. A county may not adopt regulations that have the effect of excluding large hog farms from the zoned area of a county nor require the discontinuance of farms that are already in existence. A two-year statewide moratorium (extended to July 1, 2001) is currently in effect on the approval of new or expanded large swine farms (250 or more swine) and on new or expanded animal waster management systems for swine farms. NCGS 106-880 through 106-805 provides specific requirements on the siting of swine farms. Setback requirements for swine houses and lagoons are included in this statute. Agriculture Nuisances. NCGS 106-701 (d) Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural or forestry operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstances set forth in this section are and shall be null and void; provided, however, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural or forestry operation or any of its appurtenances. Provided further, that the provisions shall not apply whenever a nuisance results from an agricultural or forestry operation located within the corporate limits of any city at the time of enactment hereof. 'Agricultural operation' is defined as including, without limitation, any facility for the production for commercial purposes of crops, livestock, poultry, livestock products, or poultry products. 'Forestry operation' is defined as those activities involved in the growing, managing, and harvesting of trees, but not sawmill operations. February 11, 2000 2 Adult Establishments. 14-202.11 This statute specifies that no person shall permit any building, premises, structure, or other facility that contains any adult establishment to contain any other kind of adult establishment. No person shall permit any building, premises, structure, or other facility in which sexually oriented devices are sold, distributed, exhibited, or contained to contain any adult establishment. 'Adult establishment' means an adult bookstore, adult motion picture theater, adult mini - motion picture theater, adult live entertainment business, or massage business as further defined in the statute. A NC Court of Appeals case in 1998 basically invalidated typical zoning ordinance provisions that require a separation between adult businesses. However, separation requirements between an adult business and other sensitive land uses such as a church, school, park, etc. are permissible. Shooting Ranges. SL 1997-465 This recently adopted law prohibits zoning ordinances from amortizing some nonconforming shooting ranges. Ranges lawfully in operation as of September 1, 1994 must be allowed to continue to operate as long as there has been no substantial change in the use. The law otherwise does not limit zoning provisions from regulating the location of shooting ranges. Floodway Uses. 143-215.54 (b) The following uses may be made of floodways as a matter of right: (i) general farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses; (ii) ground level loading area, parking areas, rotary aircraft ports and other similar ground level area uses; (iii) lawns, gardens, play areas and other similar uses; and (iv) golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses. 'Floodway' is defined as that portion of the channel and floodplain of a stream designated to provide passage for the 100-year flood, without increasing the elevation of that flood at any point by more than one foot. Telecommunications. Federal law provides the FCC with some preemptive authority over local governments' zoning control of telecommunications towers. The Telecommunications Act gives the FCC sole jurisdiction over the field of regulation of RF emissions and does not allow local governments to condition or deny telecommunications facilities permit requests on the basis of RF impacts. Generally, the location, height, setback, structural requirements, separation, etc. of telecommunications facilities can be regulated through zoning. However, local regulations can not have the effect of prohibiting the provision of personal wireless services and regulations can not discriminate among the providers of functionally equivalent services. Alcohol Sales. The courts have ruled that a state ABC permit overrides local zoning ordinances. ABC permit -holders can do what is allowed by the ABC permit even if it is inconsistent with local zoning restrictions on such matters as location, hours of operation, signs advertising alcohol products, etc. Restrictions on alcohol sales by local zoning is probably preempted by state regulations. See also Places of Amusement. Historic Districts and Landmarks. NCGS Article 19, Chapter 160A, Part 3C These general statutes provide for the protection of historic resources by cities and counties. Land use can be restricted within designated historic districts. Special review February 11, 2000 3 and design standards may be applicable in historic districts. The state's courts have ruled that protection of historic resources is a valid use of zoning. Public Buildings/Land. While buildings used or constructed by state agencies, counties, cities, and utility districts must comply with local zoning requirements, governmental land uses that do not involve a building are not subject to local zoning. Buildings used by the federal government are not subject to local zoning. No land owned by the State of North Carolina may be included within any overlay district or a special use or conditional use district without approval of the Council of State (NCGS 153A-347). Public Water Supply Watersheds. NCGS 143-214.5 requires that local governments whose jurisdiction contains surface water bodies used for a public water supply adopt minimum land use regulations to protect the water quality of the water bodies. Local governments are required to administer and enforce minimum watershed management and protection regulations. Hazardous Waste. NCGS 130A-293 provides for preemption of local zoning restrictions on state -selected sites for the treatment of hazardous waste. Local zoning restrictions on low-level radioactive waste facilities may also be preempted through provisions in NCGS 104E-6.2 Junkyards. NCGS Article 12, Chapter 136 The Junkyard Control Act provides restrictions on the location and screening of junkyards. The provisions of this act are enforced by the North Carolina Department of Transportation. NCGS 136-153 requires that all zoning authorities provide written notice to the NCDOT of the establishment or revision of any industrial zone within 660 feet of an interstate or primary highway right- of-way. Billboards. NCGS Article 12, Chapter 136. Billboards located within 660 feet of interstate or federally -assisted primary highways are subject to the standards and permitting requirements of the Outdoor Advertising Control Act which is administered and enforced by the North Carolina Department of Transportation (NCDOT). The Act essentially allows billboards in areas that are zoned for commercial or industrial use or in unzoned areas that meet certain criteria specified in the Act. A 1999 Federal Highway Administration (FHWA) ruling regarding a North Carolina town's zoning action resulted in the withholding of federal -aid highway funds. In that decision, the FHWA determined that a rezoning that was undertaken for the express purpose of allowing the construction of outdoor advertising signs was not consistent with federal regulations. The FHWA ruled that the NCDOT could not use Federal -aid highway funds in any project located within the town's zoning jurisdiction. Local governments are required to notify, in writing, the NCDOT of all zoning changes regarding the establishment or revision of commercial and industrial zoning districts in areas regulated by the Outdoor Advertising Control Act. Firearm Sales. NCGS 14-409.40 The sale of firearms must be treated the same as any other commercial activity. Firearm shows must be treated the same as any other commercial show. Local zoning provisions can, however, require a special or conditional use permit for any commercial activity within a prescribed distance from a February 11, 2000 4 school; a permit standard can be established that the activity not pose a danger to the health, safety, or welfare of those attending the school. Constitutional Limits. Limitations on zoning powers imposed by the United States Constitution include due process, equal protection, freedom of speech and religion, and takings. The due process provisions of the 4th and 5th Amendments require that zoning hearings and the decision -making process be carried out fairly and that the substance of zoning actions be reasonable. The equal protection clause of the 14th Amendment requires that persons in the same situation be treated the same. The 1st Amendment rights of speech, religion, press, assembly, and petition must not be unduly restricted by local zoning. While reasonable regulations have been approved by the courts, the total ban of a place of worship or adult business, for example, is not allowed. Sign regulations must be particularly careful not to unreasonably infringe on a person's freedom of speech. The courts have, however, allowed more substantial restrictions on 'commercial speech' such as advertisements and signs as opposed to political or other speech. The 5th Amendment prohibits zoning regulations from being so overly restrictive that they have the same practical effect as a taking of property for public use without compensation. North Carolina courts have ruled that amortization of a nonconforming use is not a taking as long as the amortization time period is reasonable. Also, requirements for dedication (such as streets and utilities) are not a taking as long as the dedication is necessary to achieve a legitimate governmental objective and the size of the dedication is proportional to the impacts of the development. Zoning regulations must be based on legitimate land use -related factors. Thus, zoning provisions for housing can not be based on the ownership of the dwelling unit. Other Land Use -Related Regulations. Article 8, Chapter 160A and Article 6, Chapter 153A specifically authorize municipalities and counties to regulate by general ordinance certain uses and activities. The uses and activities often associated with land use and community development include the following: Regulation of Explosive, Corrosive, Inflammable, or Radioactive Substances. NCGS 160A-183 and 153A-128 authorize cities and counties to restrict, regulate or prohibit the sale, possession, storage, use, or conveyance of any explosive, corrosive, inflammable, or radioactive substances, or any weapons or instrumentalities of mass death and destruction with the city. See also Hazardous Waste. Places of Amusement. NCGS 160A-181 and 153A-135 authorize cities and counties to regulate, restrict or prohibit the operation of pool and billiard halls, dance halls, carnivals, circuses, or any itinerant show or exhibition of any kind. Places of amusement and entertainment may include coffee houses, cocktail lounges, night clubs, beer halls, and similar establishments, but any regulations thereof shall be consistent with any permits or licenses issued by the NC Alcoholic Beverage Control Commission. Pawnshops. NCGS 91A-12 prohibits local government restrictions on the hours of operation of pawnshops (unless the same restrictions apply to all businesses); the February 11, 2000 5 • nature of the business or type of pawn transaction; or the interest, fees, or recovery charges set by the business. Regulation of Flea Markets and Itinerant Merchants. NCGS 160A-178 and 153A- 125 authorize cities and counties to regulate, restrict or prohibit the business activities of itinerant merchants, flea market operators, and flea market vendors or hawkers. Utility Transmission Lines. NCGS 62-106 permits state preemption, on a case -by - case basis, of local zoning provisions that affect utility transmission lines. Local governments must, within 30 days of receipt of a notice of application for state approval, file with the Utilities Commission any local zoning provisions impacting the construction, operation, or maintenance of utility transmission lines. Failure to make the filing could result in the zoning provisions not being enforceable. Mountain Ridge Protection. NCGS 160A-458.2 and 153A-448 Cities and counties may enact and enforce mountain ridge protection ordinances pursuant to Article 14, Chapter 113A of the NCGS. Other Areas of Regulation Authorized in NCGS 160A and 153A Include: • Personal watercraft operation in specified coastal cities, NCGS 160A-176.2. • Aircraft overflights, NCGS 160A-180. • Noise regulation, NCGS 160A-184 and 153A-133. • Emissions of pollutants or contaminants, NCGS 160A-185. • Regulation of domestic animals, NCGS 160A-186. • Possession or harboring of dangerous animals, NCGS 160A-187 and 153A- 131. • Abatement of public health nuisances, NCGS 160A-193 and 153A-140. • Removal and disposal of abandoned and junked motor vehicles, NCGS 153A-132. • Erosion and sedimentation control, NCGS 160A-458. • Floodway regulations, NCGS 160A-458.1. February 11, 2000 6 • Issues and Topics Addressed In the New Bern Land Use Ordinance Revisions 0 Issues and Topics to be Addressed in the New Bern Land Use Ordinance Revisions 1. Update, Not Rewrite The Current Land Use Ordinance. 2. Address Emerging Topics As Well As Omissions In Current Land Use Ordinance. 3. Specific Topics Include: • Home occupations. • Entranceways to the city. • Neighborhood -oriented regulations such as connectivity of streets, compatibility of proposed use with neighborhood character. • Communications towers. • Compatibility of manufactured homes in areas with traditional housing. • Housing affordability. • Updated definitions. • Computation methodology for signs, landscaping, parking, etc. • Design review standards and procedures. • Rezoning guidelines/criteria. • Planned Unit Developments. • Incentives to encourage housing affordability, livability, etc. 11 Issues to Be Considered In Updating the New Bern Land Use Ordinance 1. COMPATIBILITY OF MANUFACTURED HOMES IN AREAS WITH TRADITIONAL HOUSING. Issue. Locating manufactured homes in areas with traditional housing units often raises concerns about appearance, building orientation, and impact on property values. We need to update our ordinance to reflect changes in manufactured home construction technology and their effect on the expected life of manufactured homes. The ordinance should draw a clear distinction between mobile, manufactured, and modular housing. It should also draw a clear distinction between manufactured housing inside and outside mobile home parks. In addition, what standards should be used to ensure greater compatibility in traditional neighborhoods is a major issue that we must address. How do we get manufactured homes to fit in aesthetically in traditional neighborhoods and how do we ensure that the setup and quality of these homes are sufficient, such that they do not detract from the appearance or value of conventional housing? Objectives. To ensure that manufactured homes are properly located within the city's planning jurisdiction so as to mitigate compatibility concerns. Balance the development of standards that address concerns with the desire to not unnecessary impact housing affordability. Existing Ordinance Provisions. Section 15-164 (7) includes standards for manufactured homes located on individual lots that are outside of mobile home parks. Such manufactured homes are allowed in the A-5, R-20, and R-6 districts. Section 15- 164 (7) includes requirements for permanent masonry foundation, removal of towing apparatus, exterior siding, and lot orientation based upon a length to width ratio formula. Recommendations. Consider allowing only double -wide manufactured homes on individual lots. Therefore, single -wide manufactured homes would be restricted to mobile home parks. Develop additional appearance criteria regarding roof pitch and building orientation. Development requirements for exterior building materials that are compatible with existing structures. Update manufactured home definitions. 2. TELECOMMUNICATIONS TOWERS. Issue. Large communications towers can have visual and safety impacts. Concern is often expressed about location, design and appearance, property setback and separation, RF emissions, abandonment, etc. We currently have very limited regulatory control of communication towers. Our ordinance primarily addresses antennas for televisions, telephones, ham -operated radios, etc. in a residential setting. The ordinance does not address the new technology of cell towers. We need to look at location issues - whether we wish to restrict the location of cell towers to municipal properties thereby generating additional public income, and whether or not we want to look at separation between cell towers with co -location requirements. Additional issues include adequate setback and fall zone standards. The bottom line is, "What can be done to mitigate the impact of cell towers on our city?" Advisory Committee Meeting March 22, 1999 Objective. To ensure that telecommunications towers are properly located within the city's planning jurisdiction so as to have no significant adverse on surrounding properties nor on the overall appearance and character of the community. Existing Ordinance Provisions. Towers over 50 feet in height require a special use permit in A-5, A-5F, C-5, C-1, C-2, and C-3 districts. Section 15-166 delineates specific standards for satellite receive -only earth station antennas. The LUO currently does not contain specific development standards for telecommunications towers. Recommendations. Develop specific development standards that address location, collocation, setback, structural requirements (including stealth design), access, landscaping, maintenance, and abandonment. The Telecommunications Act gives the FCC sole jurisdiction of the field of regulation of RF emissions. Consider a two-tier permissible use approval process: zoning permit on public properties and special or conditional use permit elsewhere. 3. ENTRANCEWAYS TO THE CITY. Issue. We feel strongly that the city's entranceways can be enhanced with architecturally and aesthetically integrated development. There has always been tension in the City between developers wanting surety in the materials to be used on structures, and the desire on the part of others to ensure good design but with more flexibility in materials selection. We feel that better design review standards and procedures would be helpful in ensuring a better product. In addition, the issue of what materials are allowed in which zones needs to be fleshed out further. The idea of setback, especially where parking is located and how that parking is buffered from the right-of-way, is also a major concern that we would like to address better. Overall, we would like to have design review control to ensure that new construction is more compatible with the character of the New Bern area. Objective. To improve the appearance and function of major entranceway corridors. Existing Ordinance Provisions. Article XXII, Commercial Entranceway Corridor Overlay Districts (Sections 15-450 through 15-467) outlines the process for site plan review and delineates design guidelines and performance standards. Six corridor overlay districts are established: Broad Street/Queen Street, Trent Road, Glenbumie Road, Neuse Boulevard, US Highway 17/Clarendon Boulevard, and First Street. Required and recommended standards are provided for each of the six overlay districts. The requirements of this Article are applicable to commercial, office, institutional, utility, multi -family, and recreational uses. The design guidelines, which are tailored to each corridor district, address such items as building setback, building height, building materials, building orientation, parking lot location, vehicular access, signage, and streetscape improvements (planting strips, sidewalks, underground utilities, etc.). Recommendations. Prepare additional design guidelines and performance standards that address exterior lighting standards, maximum impervious surface area, conversion and redevelopment of existing land use, permissible uses, etc. Review existing building materials and landscaping/buffering requirements. 0 Advisory Committee Meeting 2 March 22, 1999 Summary of Identified Issues 0 New Bern Land Use Ordinance 1. HOME OCCUPATIONS Issue. Home occupation activitieshmpacts are not compatible with residential settings. Obiective. To accommodate compatible nonresidential uses in residential areas. To limit home occupations to those activities that do not detract from the residential character of the area within which they are located. Existing Ordinance Provisions. There are no specific standards or requirements for home occupations. Home occupations are permitted by right in all general zoning districts except 1-2. Recommendations. Prepare specific development standards that home occupations must meet. Standards should address maximum allowable floor area, use of outbuildings/accessory buildings, outside storage, signage, and parking. In addition operational standards should address outside employees, retail sales, neighborhood impacts, etc. 2. NEIGHBORHOOD -ORIENTED REGULATIONS SUCH AS CONNECTIVITY OF STREETS Issue. Improve interconnections between compatible land uses. Obiective. To provide vehicular and pedestrian interconnections to similar or compatible adjacent uses, existing and future, when such interconnections would facilitate internal and external traffic movements. To improve connections between residential neighborhoods and between nonresidential areas and compatible adjacent land uses. To improve response time for emergency vehicles. To promote service delivery. both public (garbage collection, school bussing, utility meter reading, street maintenance, etc.) and private. Existing Ordinance Provisions. Section 15-214(a) and (c) require that streets within a proposed subdivision be coordinated with existing, proposed, and anticipated streets outside of the subdivision. Requirements for stub streets are contained in Section 15-214(d). Section 15-217 (b) encourages cul-de-sac streets to minimize through traffic. Recommendations. Develop specific connectivity standards. Requirements for stub streets to undeveloped adjacent properties and connection of proposed streets to existing streets in adjacent tracts is in current ordinance. Require multiple vehicular accesses to the proposed development and pedestrian connections to adjoining properties and between proposed streets within the proposed development. Require consistency with Thoroughfare Plans, Official Maps, Greenway Plans, etc. 3. COMPATIBILITY OF PROPOSED USE WITH NEIGHBORHOOD CHARACTER March 24, 1999 Issue. Infill development and redevelopment sometimes create situations whereby a proposed land use is somewhat different from the existing uses in the neighborhood. Differences often relate to density, style of building, building setback, building orientation, building height, traffic generation, hours of operation, signage, demand for parking, outdoor lighting, noise, smoke, odors, etc. See also the issue of manufactured home compatibility. Obiective. To ensure that a proposed use does not adversely impact existing uses nor the overall character of the neighborhood. Existing Ordinance Provisions. Section 15-58 outlines general compatibility requirements that special and conditional use permits must meet. Article XI, Supplementary Use Regulations, outlines some compatibility standards for several specific uses. Recommendations. Develop specific development requirements for outdoor lighting, noise, dust, odors, etc. that apply to all uses. Prepare more detailed development standards for individual uses that warrant specific requirements that address neighborhood compatibility issues. 4. HOUSING AFFORDABILITY Existing Ordinance Provisions Sections 15-182 through 15-185 provide for a residential density bonus in exchange for the provision of affordable housing. Recommendations. Require that new subdivisions include a percentage (Example: 20%) of their lots for houses that do not exceed a specified size (Example: no more than 1,100 square feet). Use density bonus as an incentive to promote affordable housing in PUD's (Example: 15% increase in permitted gross density if 20 percent of the housing does not exceed a specified size). 5. UPDATED DEFINITIONS Existing Ordinance Provisions. Article 11, Section 15-15 contains the current general definitions. Additional nonconforming situations -related definitions are in Section 15-121, flood hazard area -related definitions are in Section 15-270, sign -related definitions are in Section 15-321, parking -related definitions are in Section 15-341, and historic district -related definitions are in Section 15-413. Recommendations. Update and expand the current definitions section. Consider adding general provisions to Article 11 regarding interpretation of the ordinance, word interpretation, rules of construction, boundary interpretation, etc. Utilize graphics to illustrate words, concepts, etc. 6. COMPUTATION METHODOLOGY FOR SIGNS, LANDSCAPING, PARKING, ETC. Existing Ordinance Provisions. Article 11, Section 15-15 contains the current general definitions. Additional nonconforming situations -related definitions are in Section 15-121, flood hazard area -related definitions are in Section 15-270, sign -related definitions are in Section 15-321, parking -related definitions are in Section 15-341, and historic district -related definitions are in Section 15-413. 0 Recommendations. Utilize graphics to illustrate computation methods, terms, etc. March 24, 1999 2 7. DESIGN REVIEW STANDARDS AND PROCEDURES Existing Ordinance Provisions. Section 15-429 delineates some general design review standards for uses within the historic district. Appendices B and D provide more detailed design guidelines for new buildings and signs within the historic district. Article XXII , Part II includes design guidelines for uses within the Commercial Entranceway Corridor Overlay Districts. Recommendations. Consider whether Design Review Guidelines should be a separate document from the LUO. Decide what types of projects will be governed by the guidelines (i.e., commercial, multi -family; waterfront, etc.). A Design Review Manual should be adopted by the Board of Aldermen and periodically updated. Policy decisions regarding design review should be recorded and maintained for historical perspective. Design review standards can be organized as 'required' and 'recommended'. Ensure that the standards are written so as to precisely delineate the objective. Develop a review process to adequately handle the design standards. See also the discussion regarding entranceways to the city. 8. REZONING GUIDELINES/CRITERIA Issue. The decision to change the zoning classification (rezone) on a piece of property is a legislative decision that rests with the Board of Aldermen. The LUO requires a review process that includes recommendations from the planning department staff and the Planning and Zoning Board. Section 15-401 states that the central issue to be considered in any amendment request (map or text) is whether or not the proposed rezoning 'advances the public health, safety or welfare.' However, there are no other specific criteria provided that give guidance as to what issues should be considered when reviewing and making recommendations on a rezoning request Existing Ordinance Provisions. Article XX outlines procedures for amending the LUO, both text amendments and map amendments. Recommendations. Prepare review guidelines for all participants in the rezoning process —planning department staff, Planning and Zoning Board, and Board of Aldermen. The guidelines should address such issues as (1) general plans and policies that have been adopted by the City which are relevant to the proposed rezoning, (2) consistency of the request with the adopted Land Use Plan, (3) impact of the request on public services such as streets, utilities, etc., (4) impact of the request on the surrounding property owners and the general neighborhood, and (5) impact of the request on establishing amendment policy precedence. The review procedures should clearly delineate the types of information that are required to be submitted along with a rezoning application. Require that the applicant justify, in writing, why the requested rezoning is necessary to advance the 'public health, safety or welfare'. Require a traffic impact assessment on rezonings that are inconsistent with the adopted land use plan or where certain thresholds for projected traffic are exceeded. 9. PLANNED UNIT DEVELOPMENTS Existing Ordinance Provisions. Section 15-140 establishes Planned Unit Development Districts. Residential, residential/commercial, commercial, commercial/industrial, or industrial PUD's are possible. PUD's are not required to comply with standard lot size, yard coverage, setback, and yard dimensions. Section 15-155 includes specific standards for PUD's. Residential/commercial PUD's are limited March 24, 1999 3 • • to 10 percent commercial land area. Commercial/industrial PUD's are limited to 10 industrial land area. Nonresidential portions of PUD's can not be occupied until the residential portions are completed. Recommendations. Consider a density bonus for providing affordable -size housing; on -site pedestrian facilities, greenway facilities, park facilities that exceed city requirements; multiple use of stormwater impoundments, etc. Consider regulations regarding new -traditional and open space subdivisions. See also discussion regarding neighborhood -oriented regulations. March 24, 1999 4 Issues to Be Considered In Updating the New Bern Land Use Ordinance HOME OCCUPATIONS Issue. Home occupation activitiesrmpacts can sometimes be incompatible with residential settings. Obiective. To accommodate compatible nonresidential uses in residential areas. To limit home occupations to those activities that do not detract from the residential character of the area within which they are located. Existing Ordinance Provisions. There are no specific standards nor requirements for home occupations. Home occupations are permitted by right in all general zoning districts except 1-2. Recommendations. Prepare specific development standards that home occupations must meet. Standards should address maximum allowable floor area, use of outbuildings/accessory buildings, outside storage, signage, and parking. In addition operational standards should address nonresident employees, retail sales, neighborhood impacts such as vehicular traffic, lighting, noise, odors, hours of operation, etc. COMPATIBILITY OF PROPOSED USE WITH NEIGHBORHOOD CHARACTER Issue. Infill development and redevelopment sometimes create situations whereby a proposed land use is somewhat different from the existing uses in the neighborhood. Differences often relate to density, style of building, building setback, building orientation, building height, traffic generation, hours of operation, signage, demand for parking, outdoor lighting, noise, smoke, odors, etc. See also the issue of manufactured home compatibility which was reviewed at the March 25th meeting. Obiective. To ensure that a proposed use does not adversely impact existing uses nor the overall character of the neighborhood. Existing Ordinance Provisions. Section 15-58 outlines general compatibility requirements that special and conditional use permits must meet. Article XI, Supplementary Use Regulations, outlines some compatibility standards for several specific uses. Recommendations. Develop specific development requirements for outdoor lighting, noise, dust, odors, etc. that apply to all uses. Prepare more detailed development standards for individual uses that warrant specific requirements that address neighborhood compatibility issues. Consider developing specific design review standards for infill development and redevelopment in residential neighborhoods. Advisory Committee Meeting April7, 1999 PLANNED UNIT DEVELOPMENTS Issue: Currently we have our standard subdivision regulations along with planned unit development and cluster development regulations. The regulations covering planned unit development, currently our most popular subdivision design, are wide enough to drive a truck through. 0 . What we want to see, in addition to the standard subdivision requirements, is a planned unit development section that deals with cluster subdivisions, neo-traditional subdivisions, and open space subdivisions and that offer incentives for developers to use these alternative design approaches. In addition, we need to look at the existing subdivision standards as far as open space, sidewalks, street connectivity, and related issues to ensure healthier and more walkable communities. Connectivity should include how a subdivision connects with existing and future sites within the adjoining areas and throughout the general vicinity. Existing Ordinance Provisions. Section 15-140 establishes Planned Unit Development Districts. Residential, residential/commercial, commercial, commercial/industrial, or industrial PUD's are possible. PUD's are not required to comply with standard lot size, yard coverage, setback, and yard dimensions. Section 15-155 includes specific standards for PUD's. Residential/commercial PUD's are limited to 10 percent commercial land area. CommerciaUndustrial PUD's are limited to 10 industrial land area. Nonresidential portions of PUD's can not be occupied until the residential portions are completed. Recommendations. Consider a density bonus for providing affordable -size housing; on -site pedestrian facilities, greenway facilities, park facilities that exceed city requirements; multiple use of stormwater impoundments, etc. Consider regulations regarding neo-traditional and open space subdivisions. See also below the discussion of regarding neighborhood -oriented regulations. NEIGHBORHOOD -ORIENTED REGULATIONS SUCH AS CONNECTIVITY OF . STREETS Issue. Improve vehicular and pedestrian interconnections between compatible land uses. Obiective. To provide vehicular and pedestrian interconnections to similar or compatible adjacent uses, existing and future, when such interconnections would facilitate internal and external traffic movements. To improve connections between residential neighborhoods and between nonresidential areas and compatible adjacent land uses. To improve response time for emergency vehicles. To promote service delivery, both public (garbage collection, school busing, utility meter reading, street maintenance, etc.) and private. Existing Ordinance Provisions. Sections 15-214(a) and (c) require that streets within a proposed subdivision be coordinated with existing, proposed, and anticipated streets outside of the subdivision. Requirements for stub streets are contained in Section 15-214(d). Section 15-217 (b) encourages cul-de-sac streets to minimize through traffic. Advisory Committee Meeting 2 April7, 1999 • Recommendations. Develop specific connectivity standards and requirements for stub streets to undeveloped adjacent properties and connection of proposed streets to existing streets in adjacent tracts is in current ordinance. Require multiple vehicular accesses to the proposed development and pedestrian connections to adjoining properties and between proposed streets within the proposed development Require consistency with Thoroughfare Plans, Official Maps, Greenway Plans, etc. Advisory Committee Meeting 3 April7, 1999