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HomeMy WebLinkAboutWSMU_PILO_WSWP Ordinance_20210204ARTICLE 8 DEVELOPMENT STANDARDS 8.1 General Dimensional Standards 8.1.1 Minimum Lot Area Each lot shall contain the minimum area for the zoning district, use of the lot, and proposed density, if applicable, as established in Section 8.2. 8.1.2 Measurement of Lot Area The area of a lot is equal to the area contained within all established property lines. In no case shall portions of a platted lot that extend into a street right-of-way be included in the calculation of lot area. 8.1.3 Minimum Dimensional Standards Each lot shall meet the minimum dimensional standards for width and depth as established in Section 8.2. 8.1.4 Measurement of Lot Dimensions (A) Lot Depth Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line. (B) Lot Width Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. 8.1.5 Minimum Setbacks for Principal Structures All principal structures shall observe the minimum street, side and rear setbacks as established in Section 8.2. 8.1.6 Measurement of Setbacks Setbacks shall be measured from the front, side and rear property lines to the point of the structure nearest to the applicable property line, with the exception of street setbacks in the CB district, which shall be measured from the back of the curb as it exists at the time of construction of a new structure or the addition to or alteration of an existing structure in the district. EN 8.1.7 Prevailing Street Setbacks In the RM and RH districts, new residential structures shall observe the prevailing street setback of existing residential structures on the same side of the block where the new residential structure is proposed. Such setback shall be determined by measuring the street setback of the two (2) closest existing residential dwellings on the same side of the block as the dwelling to which the prevailing setback is being applied. The prevailing street setback shall be established as the average of the two measurements, and the structure to which it is being applied shall have a minimum of fifty percent (50%) of its front wall plane built within three (3) feet of the prevailing setback, provided that when the prevailing setback is at least as deep as the minimum required street setback, no portion of the structure may encroach into the street setback unless otherwise expressly permitted. 8.1.8 Permitted Encroachments into Required Setbacks (A) Unenclosed Porches An unenclosed porch, having three open sides and a roof, shall be permitted to encroach up to six (6) feet into a required street setback along up to thirty-five percent (35%) of the width of the wall of the structure from which it projects. (B) Roof Overhangs A roof overhang of up to twenty-four (24") inches is permitted into a required side setback. (C) Residential Handicap Ramps A residential handicap ramp shall be permitted to encroach into a required street and/or side setback up to fifty percent (50%). 8.1.9 Height Limitations Principal structures shall not exceed the maximum height limits established in Section 8.2, unless otherwise expressly permitted. 8.1.10 Measurement of Height The height of a structure shall be measured from the finished grade adjacent to the structure at its central point along the front building line to the highest point of the coping of a flat roof or to the mean height level between the eaves and ridge of a pitched roof. 8.1.11 Exceptions to Height Limitations Chimneys, steeples, communication antennas, spires, and similar unoccupied structures or architectural features may exceed the maximum height limit for the district in which it is located by a maximum of twenty-five (25') feet, or as otherwise explicitly allowed by the UDO. 8.2 Dimensional and Density Standards by District This Section establishes the minimum dimensional and density standards for each base zoning district. District Minimum Lot Size Minimum Yard Size Maximum Height Square Feet per Lot Width at Front Side Rear Dwelling Unit Building Line RA, Residential - Agricultural Without either public water or sewer 30,000 100 30 102 20 35 With public water 20,000 100 30 102 20 35 With public water and sewer 20,000 100 30 102 20 35 RL, Residential - Low Density Without either public water or sewer 30,000 80 30 102 20 35 With public water 20,000 80 30 102 20 35 With public water and sewer 15,000 80 30 102 20 35 RM, Residential - Medium Density 8,000 70 20 82 20 35 RH, Residential -High Density 5,445 60 15 82 20 50 CB, Central Business --- 50 GB, General Business 30 32 20 50 HB, Highway Business --- --- 15 32 20 50 OI, Office & Institutional --- --- 20 102 20 50 GM, General Manufacturing — 100 50 202 25 50 LI, Light Industrial _ 100 50 202 25 50 NOTES TO TABLE 2 - Corner lot add ten additional feet on the side street, not to exceed minimum front setback. 8.3 Accessory Structures 8.3.1 Residential Accessory Structures The following standards shall apply to all accessory structures on lots used for residential purposes. (A) Location Residential accessory structures may only be established behind the front building line of the residential structure with which they are associated. This standard shall not apply to residential accessory structures on lots exceeding two (2) acres in size in the RA & RL zoning districts, provided that the structure is setback a minimum of one -hundred (100') feet from front property line. (B) Setbacks All residential accessory structures shall be set back a minimum of eight (8) feet from all side and rear property lines. (C) Height (1) Residential accessory structures shall not exceed the height of the principal structure with which they are associated. This standard shall not apply to unenclosed canopies for the parking of recreational vehicles or to agricultural support structures in association with an established agricultural use. In no case, however, shall a residential accessory structure exceed the maximum height limit for principal structures in the district in which it is located. (2) Residential accessory structures exceeding twenty (20') feet in height shall be set back from property lines by an additional one (1) foot for each foot of height exceeding twenty (20') feet. (D) Minimum Separation (1) Residential accessory structures shall be separated from principal structures and other accessory structures by a minimum of five (5) feet. (2) Accessory structures exceeding twenty (20') feet in height shall be separated from all other structures by an additional one (1) foot for each foot of height exceeding twenty (20') feet. 8.3.2 Nonresidential Accessory Structures The following standards shall apply to all accessory structures on lots used for nonresidential purposes. Accessory structures associated with industrial uses shall comply only with the minimum setback requirements. (A) Minimum Separation Nonresidential accessory structures shall be separated from principal structures and other accessory structures by a minimum distance of eight (8) feet. (B) Minimum Setbacks Nonresidential accessory structures shall meet the minimum setback requirements of the district in which they are located. (C) Height Nonresidential accessory structures shall not exceed the height of the principal structure with which they are associated. (D) Architectural Design Nonresidential accessory structures shall comply with the architectural design guidelines that are applicable to the principal structure with which they are associated and shall be designed in a manner that is substantially similar to the principal structure with which they are associated. 8.4 Off -Street Parking, Loading and Stacking 8.4.1 Applicability Unless otherwise explicitly exempted, all uses shall provide off-street parking in accordance with the standards of this section. 8.4.2 Minimum Parking Requirements All uses shall provide the minimum number of off-street parking spaces as established in this Subsection. (A) Exemption Uses in the CB district, with the exception of assembly, lodging and educational uses shall be exempt from the minimum parking requirements. (B) Cumulative Requirements The minimum parking requirements for a site or structure with multiple uses shall be the cumulative total number of spaces for each individual use. (C) Shared Parking Uses on a single site may share up to ten percent (10%) of their minimum required parking with other uses on the site or within the structure to meet the cumulative minimum parking requirement. (D) Minimum Standards for Certain Uses The following table establishes the minimum off-street parking requirements for certain uses. Uses not listed in the table shall comply with the provisions of 8.4.2 (E). Use Type Minimum Parking Standard Agricultural No minimum Residential 2 per dwelling unit Assembly 0.25 times maximum occupancy Professional Office 1 per 300 square feet Retail (up to 50,000 sq. ft.) 1 per 400 square feet of customer contact area Retail (over 50,000 sq. ft.) 1 per 500 square feet of customer contact area Restaurant 1 per 4 seats Industrial / Transportation / Utility No minimum Recreation (indoor) 0.25 times maximum occupancy Wholesale No minimum Lodging 1.25 per room (E) Minimum Parking for Unlisted Uses Uses, which are not listed in the preceding table, shall provide parking at a rate of one (1) space per three -hundred square feet (300ft2) of gross floor area. (F) Alternative Minimum Parking Standard Unlisted uses, whose needs are lower than the established minimum in (E) above, may provide parking at a lower rate provided that a parking needs analysis is prepared and sealed by a registered professional engineer, and submitted to the Ordinance Administrator and submitted as part of the application for development approval. Such analysis shall be consistent with the methodologies used in the preparation of the latest edition of the Institute of Transportation Engineers Parking Generation publication. 8.4.3 Maximum Parking Standards (A) Applicability These standards shall apply to all uses for which a greater number of parking spaces are proposed than are required by this Section. (B) Exemptions The following requirements: are exempt from the maximum parking (1) Single unit dwellings on individual lots (2) Uses providing ten (10) or fewer parking spaces (C) Maximum Parking Ratio No more than 150% of the minimum number of required parking spaces shall be provided unless a parking needs analysis has been prepared and submitted in accordance with (D) below. Handicapped accessible spaces shall be excluded from determining the maximum permitted parking ratio. (D) Alternative Maximum Parking Standard The maximum parking standard may be exceeded provided that a parking needs analysis is prepared and sealed by a registered professional engineer, and submitted to the Ordinance Administrator and submitted as part of the application for development approval. Such analysis shall be consistent with the methodologies used in the preparation of the latest edition of the Institute of Transportation Engineers Parking Generation publication. (E) Enhanced Landscaping Required All uses, which exceed the maximum parking ratio, shall provide 120% of the required number trees for interior parking lot landscaping as set forth in Section 8.8 of the UDO. 8.4.4 Parking Lot Design Standards The following standards shall apply to the design of all off-street parking areas with the exception of parking areas associated with single-family residential uses. (A) Location (1) No more than two (2) parking aisles is permitted between the front building line and the fronting right-of-way. On corner lots, this standard shall apply to each street frontage. (2) Off street parking areas for nonresidential uses shall not be allowed in any residential districts expect in conjunction with a permitted nonresidential use in that district. (B) Parking Lot Surface All off-street parking areas shall be paved with asphalt or concrete. All surfaces shall be designed and constructed so that the pavement thickness and supporting base material are of a depth and composition that is necessary to support the type of use that each portion of a parking area is designed for. (C) Curbing Required All off-street parking areas containing more than twenty (20) spaces shall provide concrete curbing around the entire perimeter of the parking area. (D) Wheel Stops All parking spaces that are not adjacent to curbing shall be provided with anchored wheel blocks having a minimum height of four (4") inches. (E) Backing Movements Prohibited Parking areas shall be designed in a manner that prevents vehicles from backing directly into a street. (F) Dimensional Standards (1) Each parking space shall have a minimum width of nine (9) feet and a minimum length of eighteen (18') feet. (2) Up to fifteen percent (15%) of the total number of off street parking spaces provided may be designed for compact cars. Such spaces may have a width of 7.5 feet. Where provided, such spaces shall be clearly identified for compact car use only by the use of pavement markings and/or signs. (3) Drive aisles within parking areas shall have a minimum width of twelve (12') feet for one-way drive aisles and twenty-four (24') feet for two-way drive aisles. (G) Accessible Parking Handicapped accessible parking spaces shall be provided in such locations, quantities and sizes as to meet the minimum standards of the North Carolina Building Code. (H) Striping and Marking (i) Each parking space shall be striped in accordance with the dimensional standards of this Section. (2) Pavement markings shall be installed in sufficient quantities, types and locations to adequately direct traffic and regulate parking. (3) Materials used to stripe and mark parking areas shall be sufficiently durable to resist wear from the expected level of use of the parking lot. (4) Striping and markings, which become worn or faded, shall be replaced or rehabilitated promptly to ensure their visibility. 8.4.5 Stacking Uses, which provide drive -through or drive -up service, shall provide vehicular stacking in accordance with the following standards: (A) Restaurants Restaurants shall provide a minimum of eight (8) stacking spaces. 8-10 (B) Car Washes (i) Manual, self-service, car wash bays shall provide a minimum of one (1) stacking space for each bay. (2) Automatic car washes shall provide a minimum of two (2) stacking spaces for each drive -through lane. (3) Full service car washes shall provide a minimum of ten (10) stacking spaces for each drive -through lane. (C) Banks A minimum of three (3) stacking spaces shall be provided for each full -service teller lane or automatic teller machine. (D) Automobile Fueling Stations Automobile fueling stations shall provide a minimum of one (1) stacking space on each end of an island containing fuel pumps. (E) Other All other drive -through or drive -up uses shall provide a minimum of three (3) stacking spaces for each lane, window or bay. 8.4.6 Loading Where provided, loading spaces shall be designed and located in such a manner that they do not interfere with vehicular circulation or obstruct access to a customer entrance, sidewalk, parking space or solid waste storage area. 8.5 Driveways and Site Access 8.5.1 Driveway Separation (A) Nonresidential lots shall be permitted to have a single driveway access point to any adjoining right-of-way unless otherwise explicitly allowed. (B) Lots having a frontage of greater than three -hundred (300') feet along a particular right-of-way may have two (2) driveway access points, provided that one (1) of the access points is a signalized intersection and the other access point allows only right turning movements into and out of the site. (C) In no case shall driveways serving nonresidential development be 8-11 located within fifty (50') feet of another nonresidential driveway unless this prohibition would deny direct street access to a site, in which case the separation shall be the maximum necessary to allow access. 8.5.2 Driveway Design Driveways shall be designed and installed in accordance with NCDOT standards or the provisions contained in the Town of Pilot Mountain Infrastructure Manual, as applicable. 8.6 Pedestrian Infrastructure 8.6.1 Applicability The standards of this Section shall apply only to nonresidential and multi -family developments. 8.6.2 Perimeter Sidewalks Where no sidewalk exists in the public right-of-way adjoining a development site, a public sidewalk designed and installed to the standards of NCDOT or the Town of Pilot Mountain Infrastructure Manual, as applicable, shall be installed along the right-of-way adjoining the site. 8.6.3 Sidewalks An integrated pedestrian network consisting of sidewalks and paths that are separated from parking and drive aisles shall be installed within the interior of each development site. Such sidewalks and paths shall connect the principal structure(s) on the site to the exterior pedestrian network, parking areas, each structure on the site and to sidewalks on adjoining nonresidential sites. 8.7 Landscaping and Buffering 8.7.1 Standards for Landscaping Materials The following minimum standards shall apply to all landscaping materials installed to comply with the requirements of this Section. (A) Trees (i) All trees planted to satisfy the requirements of this Section shall have a minimum caliper of 1.5 inches and be a minimum of eight (8) feet in height at the time of planting. Where multi- 8-12 stem trees are proposed, such trees shall have a minimum of three (3) stems and be a minimum of eight (8) feet in height at the time of planting. (2) Canopy trees shall have a minimum mature height of thirty (30') feet. (3) Understory trees shall have a mature height of less than thirty (30') feet. (4) Only understory trees may be utilized when tree planting is required within twenty (20) linear feet of overhead utility lines. (5) Excluding street trees, no more than forty percent (40%) of the trees installed on a particular development site shall be of the same species. (6) All trees must comply with the American Standard for Nursery Stock, published by the American Nursery and Landscape Association. (B) Shrubs (1) All shrubs planted to satisfy the requirements of this Section shall have a minimum height of eighteen (18") inches at the time of installation and shall have a minimum mature height of thirty-six (36") inches. (2) All required shrubs within buffer planting areas shall be evergreen. (3) A minimum of sixty percent (60%) of the shrubs installed within each required landscaping area shall be evergreen. (4) No more than twenty-five (25%) of the shrubs installed on a particular development site shall be of the same species. (5) All shrubs shall comply with the American Standard for Nursery Stock, published by the American Nursery and Landscape Association. 8.7.2 Approved Planting Types All required tree and shrubbery plantings shall be selected from the Approved Planting List in Appendix C of the UDO. 8-13 8.7.3 Credit for Existing Vegetation Existing vegetation located within the boundaries of required landscaping or buffering areas, or otherwise located in a manner that satisfies a planting requirement shall be counted toward the minimum requirements of this Section. 8.7.4 Multiple Use of Landscaping Plantings Where landscaping material is installed in such a manner as to satisfy more than one landscaping or buffering requirement, such landscaping material may be counted toward the minimum standard for each requirement. 8.7.5 Maintenance All landscaping materials installed to meet the requirements of this Section shall be maintained in good condition in perpetuity, including proper pruning and irrigation. Dead or diseased landscaping material shall be removed and replaced during the next planting season when such material may be successfully installed. 8.7.6 Street Trees The standards of this Subsection shall apply to all newly developed streets as well as to existing street frontages where new development is proposed. This shall not apply to the construction of a single-family dwelling on an individual lot on a street that was in existence prior to the division of the lot. (A) Street trees shall be planted along all street right-of-way at a rate of one (1) canopy tree or two (2) understory trees per forty (40') linear feet of street frontage. Canopy trees and understory trees may not be mixed along a street frontage. (B) Street trees shall be within fifteen (15') feet of the right-of-way. Their location may be modified to avoid locations where such planting would be prohibited by an easement recorded prior to the development or subdivision of the land. (C) Where practical, street trees shall be installed between the sidewalk and the curb to buffer pedestrians from traffic. (D) The spacing of tree plantings may vary, provided that trees shall be installed with a minimum horizontal separation of fifteen (15') linear feet. 8.7.7 Parking Lot Landscaping The standards of this section shall apply to all off-street parking areas containing ten (10) or more automobile parking spaces. (A) Minimum Shading Requirements (1) A minimum of one (1) tree is required to be planted per ten (10) parking spaces provided. (2) At least fifty percent (50%) of the required trees shall be planted within landscaped islands or medians located in the interior of the parking lot. (3) Each parking space shall be located within sixty (60') feet of the trunk of a required canopy tree. (B) Planting Islands (1) Planting islands shall have a minimum area of three -hundred square feet (300ft2), and shall have a minimum width of eight (8) feet. (2) Planting islands shall be installed at the end of each parking row. (3) No more than ten (10) parking spaces may be located between planting islands. (4) Planting islands shall contain a minimum of one (1) understory tree. (C) Medians (1) A landscaped median shall be provided between every six (6) single rows of parking and along all entrance drives into a parking area. (2) Medians shall have a minimum width of six (6) feet and run the length of the parking row between the terminal planting islands. (3) Medians shall contain a minimum of one (1) evergreen shrub per four (4) linear feet and one (1) understory tree per forty (40') linear feet. 8-15 (D) Parking Lot Perimeter Landscaping (i) A planting strip with a minimum width of five (5) feet shall be established along each external boundary of a parking lot to provide low-level screening. (2) The perimeter landscaping area shall be planted with evergreen shrubberies that are distributed in a manner to provide an opaque screen of the parking area to a height of three (3) feet at maturity. (3) Trees may be planted in perimeter planting strips to satisfy the minimum shading requirements. (E) Live Groundcover Required Parking lot landscaping areas shall be planted with live groundcover, except that up to thirty (30%) percent of the planting area may be covered with mulch, brick chips, stone or similar landscape materials. 8.7.8 Foundation Plantings Foundation plantings shall be required along all primary and secondary building walls, which are not directly adjacent to a sidewalk or pedestrian walkway. This standard shall not apply to buildings in the CB district, which are constructed to the applicable build -to line. (A) Foundation planting areas shall extend a minimum of six (6) feet from the building wall. (B) Foundation planting areas shall contain a minimum of one (1) understory tree and six (6) shrubs per fifty (50') linear feet of building wall that does not directly abut a sidewalk. 8.7.9 Buffer Yards (A) Buffer Yard Types (i) Type i Buffer Type 1 Buffers shall have a minimum width of ten (10') feet, and shall be planted with four (4) understory trees and twenty (20) shrubs per one -hundred (100') linear feet. (2) Type 2 Buffer MM Type 2 Buffers shall have a minimum width of twenty (20') feet, and shall be planted with two (2) canopy trees, four (4) understory trees and 35 shrubs per one -hundred (100') linear feet. (3) Type 3 Buffer Type 3 Buffers shall have a minimum width of thirty (30') feet, and shall be planted with four (4) canopy trees, four (4) understory trees and fifty (50) shrubs per one -hundred (100') linear feet. (B) Installation Location Required buffers shall be installed along the length of side and rear property lines. Buffers shall extend perpendicularly from the property line into the interior of the site, which is required to provide the buffer. Buffer yards associated with single-family residential development shall be installed within a dedicated buffer easement. (C) Use of Buffer Yards Buffer yards may be used to provide pedestrian trails or walkways, stormwater detention and similar passive uses, provided that all required plantings can be installed. No structures, other than fences or walls, may be established in a buffer yard. Where a fence or wall is installed in a required buffer yard, it shall be set back from the property line a sufficient distance to permit all of the required shrubs and at least fifty percent (50%) of the required trees to be installed on the external side of the fence or wall, and to permit the maintenance of installed landscaping. (D) Preservation of Undisturbed Vegetated Areas Where an undisturbed vegetated area exists along a property line where a buffer yard is required, it may be substituted for the installation of a buffer yard if it meets the following: (i) The undisturbed vegetated area is equal in width to the width of the required buffer yard type. (2) The aggregate number and types of trees within the undisturbed vegetated area meets or exceeds the required number and types of trees for the required buffer yard. 8-17 (E) Required Buffers by District and Use (1) RA, RL, RM and RH Districts i. Major Subdivisions A Type 1 Buffer Yard shall be established around the perimeter of a major subdivision containing residential uses when it is developed adjacent to an existing nonresidential use or multi -family development with more than twenty-four (24) dwelling units, which does not have an established buffer yard. Only those property lines or portions of property lines adjacent to the qualifying development are required to provide the Type 1 Buffer Yard. ii. Nonresidential and Multi -Family Uses Nonresidential and Multi -Family uses permitted in the RA, RL, RM or RH districts shall provide a Type 2 Buffer Yard along all side and rear property lines that adjoin property that is zoned RA, RL, RM, or RH, or which is used for residential purposes. (2) OI District i. Development in the OI district shall provide a Type 1 Buffer along all property lines, or portions of property lines, that are adjacent to property in the RA, RL, RM, or RH district or adjacent to property, which is used for single-family residential purposes. ii. Development in the OI district shall provide a Type 1 Buffer along all property lines, or portions of property lines, which are adjacent to property in the CB, GB, HB, LI or GM districts which has been developed, but which does not have an established buffer yard. (3) CB District Development in the CB district is exempt from all buffer yard requirements. MM (4) GB and HB Districts i. A Type 2 Buffer Yard shall be provided along all property lines, or portions of property lines, which are adjacent to property in the RA, RL, RM, or RH district or adjacent to property, which is used for residential purposes. ii. A Type 1 Buffer Yard shall be provided along all property lines, or portions of property lines, which are adjacent to property in the OI district. iii. A Type 2 Buffer Yard shall be provided along all property lines, or portions of property lines, which are adjacent to developed property in the LI or GM districts, which does not have an established buffer yard. (5) LI and GM Districts i. A Type 3 Buffer Yard shall be provided along all side and rear property lines, which are not adjacent to other properties within the LI or GM district. ii. A Type 2 buffer yard shall be installed along property lines, which adjoin other properties in the LI or GM districts. (F) Limited Access Highway Buffer Side and rear property lines, which run along the right-of-way of a limited access highway, shall provide a Type 3 Buffer Yard along the right-of-way of the limited access highway. 8.8 Screening 8.8.1 Applicability The standards of this Section shall apply to all nonresidential and multi- family developments consisting of more than four (4) attached dwelling units. 8.8.2 Loading Areas (A) Outdoor loading areas fifty square feet (50ft2) or larger not screened by an intervening building must be screened from view from adjacent property or public street right-of-way for their entire 8-19 length. (B) Outdoor loading areas must be screened by a wall totaling eight (8') feet in height. Walls shall be compatible with the principal building in terms of material and color. 8.8.3 Service Areas (A) Trash collection, trash compaction, recycling collection and similar service areas shall be located to the side or rear of buildings and must be screened from view from adjacent properties and public street right-of-way (not including alleys). (B) Service areas shall be screened from three sides by a wall at least six (6') feet in height and on the fourth side by a solid gate at least six (6') feet in height. The gate and wall shall be maintained in good working order and shall remain closed except when trash pick-ups occur. The wall and gate shall be compatible with the principal building in terms of material and color. 8.8.4 Mechanical Equipment (A) Exemptions Freestanding or roof -mounted renewable energy systems are exempt from these screening requirements. (B) Roof -Mounted Equipment Roof -mounted equipment shall be screened from ground level view from adjacent property or adjacent public street right-of-way by a parapet wall or individual screening walls. (C) Wall -Mounted Equipment (i) Wall -mounted equipment shall not be located on any wall plane that directly faces a public right-of-way (excluding alleys). (a) Wall -mounted equipment located on any surface that is visible from a public right-of-way (excluding alleys) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of material and color. (D) Ground -Mounted Equipment (0 Screening for ground -mounted equipment shall be as high as 8-20 the highest point of the equipment being screened. (2) Screening shall consist of landscaping or a wall that is compatible with the principal building in terms of texture, quality, material and color. (E) Utility Service Areas (1) Utility service equipment located outside of the public right- of-way that exceeds thirty-six (36") inches in height and thirty- six (36") inches in any other dimension shall be screened. (2) Screening shall consist of landscaping or a wall that is compatible with the principal building in terms of material and color. 8.9 Fences and Walls The regulations contained in this Section shall apply to all fences and walls erected in the Town of Pilot Mountain. 8.9.1 Material Restrictions Fences and walls topped with concertina, razor and similar security wire are prohibited on any lot containing a residential use, and are prohibited on fences and walls located between the front property line and the front building line in all other districts, with the exception of each of the industrial districts. In no case shall a fence topped with concertina wire be located within ten (10') feet of a property line, sidewalk or street right- of-way. Such prohibition shall not apply to the use of standard barbed wire for agricultural uses. 8.9.2 Location Restrictions Fences and walls shall not be erected within a street right-of-way, drainage easement or utility easement, or in any manner that interferes with the free flow of water. 8.9.3 Height Limits (A) Fences and walls located between the front property line and the front building line may not exceed four (T) feet in height as measured from the grade adjacent to the fence to the top of the highest point of the fence (including columns and posts). This provision shall not apply to retaining walls, or to fences and walls 8-21 in the Industrial districts. (B) No fence or wall may exceed eight (8') feet in height as measured from the grade adjacent to the fence to the top of the highest point of the fence (including posts and columns). This provision shall not apply to retaining walls or walls erected for the purpose of screening in accordance with Section 8.9. 8.10 Outdoor Lighting 8.1o.1 Applicability (A) These regulations do not apply to lighting installed in the public right-of-way by the Town of Pilot Mountain or another government agency. (B) The installation of site lighting, replacement of site lighting and changes to existing light fixture wattage, type of fixture, mounting or fixture location shall be made in strict compliance with the standards of this Section. (C) Routine maintenance, including changing the lamp, ballast, starter, photo control, fixture housing, lens and other required components, is permitted for all existing fixtures. 8.10.2 Light Level Measuring (A) Light levels are specified, calculated and measured in foot-candles. All foot-candles values are maintained foot-candles. (B) Measurements are to be made at ground level, with the light - registering portion of the meter held parallel to the ground pointing up. 8.10.3 Prohibited Lighting Fixtures and Sources The following light fixtures and sources are prohibited: (A) Cobra -head -type fixtures having dished or drop lenses or refractors. (B) Temporary searchlights and other high -intensity narrow -beam fixtures. 8-22 8.10.4 Design and Installation Requirements (A) The maximum light level of any light fixture may not exceed 0.5 foot-candles measured at the property line of any Residential District and 2.0 foot-candles measured at the right-of-way line of a street. (B) Lighting fixtures shall not be oriented so as to direct glare or excessive illumination onto adjacent properties, streets or sidewalks. (C) Electric service connections for all freestanding lighting fixtures must be installed underground. (D) Light fixtures within parking areas may be no higher than twenty (20') feet. (E) Light fixtures within pedestrian areas may be no higher than fifteen (15') feet. (F) Light fixtures located within fifty (50') feet of the property line of a property that is zoned or used for residential purposes may be no higher than fifteen (15') feet. (G) Floodlights or spotlights, whether freestanding or mounted to a building may not be used to illuminate a parking area. (H) All light fixtures shall be full cutoff style fixtures, with the exception of lighting installed to illuminate sports fields or outdoor performance areas (subject to the regulations of Section 8.10.6). 8.10.5 Vehicular Canopies (A) Lighting under vehicular canopies must be less than twenty-four (24) maintained foot-candles and be designed to prevent glare off - site. (B) All vehicular canopy lighting fixtures shall be mounted flush with the underside of the canopy. 8.io.6 Outdoor Recreation Fields and Performance Areas (A) The mounting height of lighting fixtures cannot exceed fifty (50') feet from finished grade unless approved as a Special Use Permit. (B) All fixtures must be equipped with a glare control package, 8-23 including louvers, shields or similar devices. The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. (C) Lights within one -hundred (100) feet of a residential dwelling cannot be illuminated after 10:00PM Sunday through Thursday and 11:OOPM Friday and Saturday. 8.10.7 Architectural Lighting (A) Architectural fixtures shall be selected, located, aimed and shielded so that direct illumination is focused exclusively on the building facade, landscape plantings and other intended site features and away from adjoining properties and the street right-of-way. (B) Only lighting used to accent architectural features, landscaping or art installations may be directed upward, provided that the fixture is located, aimed and shielded in a manner that minimizes light spill into the night sky. 8.11 Utilities 8.11.1 Water and Sewer All occupiable structures that are required by the North Carolina Building Code to have domestic water and wastewater service shall be connected to the public water distribution and wastewater collection system. Connections to the water system shall be made in accordance with the Town of Pilot Mountain infrastructure specifications. Connections to the wastewater collection system shall be made in accordance with the standards and specifications of the Town of Pilot Mountain. Extensions of the town's water system shall be approved, constructed, inspected and guaranteed in the same form as required for infrastructure installed for subdivisions in accordance with Section 3.9.5 of the UDO. 8.11.2 Wire Utilities Wire utility service lines associated with nonresidential and multi- family development containing four (4) or more dwelling units, including telephone, electric, cable and similar service lines shall be installed underground. 8.12 Performance Standards for Certain Uses and Structures 8.12.1 Equestrian Uses, Commercial and Private (A) Stables, corrals, un-vegetated exercise areas and piles of manure, feed and bedding must be located seventy-five (75') feet from any street right-of-way or nonresidential property line, and one - hundred (100') feet from any residential property line. However, when all of the runoff from a corral or un-vegetated exercise area is controlled and directed over a two -hundred (200') foot long grassed swale before reaching the property line, then the corral or un-vegetated exercise area may be located a minimum of forty (40') feet from any street right-of-way or property line. Pasture areas may extend to the lot line. (B) Manure may not be stored or applied within five -hundred (500') feet of a residential lot line, surface watercourse or well used for potable water. (C) A one -hundred (100') foot wide vegetative strip, exclusive of pasture area, must be maintained between any corral, un-vegetated exercise area, manure pile or manure application area and any surface water or well. (D) In areas with a slope of five percent (5%) or less, corrals un- vegetated exercise areas and manure piles must be located 150 feet from any well and two -hundred (200') feet from any surface water, unless the water is upgrade of the corral, un-vegetated exercise area or manure pile or there is adequate diking provided. (E) Corrals, un-vegetated exercise areas, manure piles and manure application areas are prohibited in areas with slopes greater than five percent (5%), in 100-year floodplains, in waterways and on soils classified as very poorly drained as indicated in the Surry County Soil Survey. 8.12.2 Livestock Sales (A) Livestock sales uses may not be located within five -hundred (500') feet of an existing residential lot. (B) Manure may not be stored or applied within five -hundred (500') feet of a residential lot line, surface watercourse or well used for potable 8-25 water. (C) The use shall be located on, and take access from, a road classified as either a major or a minor thoroughfare. 8.12.3 Wineries (A) Facility must be located in such a manner that visual impact to adjoining properties used or zoned for residential or agricultural purposes is minimal. (B) All structures, buildings, storage areas, etc. (except fences or walls) associated with the winery must be twice (2X) the setback for the applicable zoning district from all property lines or street rights -of - way. (C) A facility serving as an established Cooperative Winery or as an independent commercial winery may be permitted without the presence of an on -site vineyard, if, in the Board's estimation, the facility will benefit, cater to, and serve the vineyards of the surrounding areas. (D) Outdoor lighting shall be designed to minimize light directly hitting adjacent property or any public right-of-way. (E) All parking and storage areas associated with the winery shall be screened from adjoining properties used or zoned for residential or agricultural purposes. If existing topography and natural vegetation does not provide an existing visual barrier, selective screening may be required. (F) Associated small-scale processing or catering facilities (i.e. cheese making, restaurant, wine tasting rooms) that are incidental to the winery, but may enhance the overall property in relation to tourism, may be permitted on a case -by -case basis by the Planning and Zoning Board. The Planning and Zoning Board shall hold a public hearing and upon approval issue a Special Use Permit for each use. Associated uses are subject to the above requirements as well. 8.12.4 Customary Home Occupations (A) Customary home occupations may be established in single family, ME site -built dwellings as permitted in a residential district. The following requirements shall apply in addition to all other applicable requirements of this chapter for the residential district in which the uses are located: (B) The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the residential character of the dwelling. (C) Use of the dwelling for home occupations shall be limited to twenty- five (25%) of one (1) floor of the principal building. (D) Residents of the dwellings only may be engaged in the home occupations, except that not more than one assistant may be employed by the following professional persons: lawyers, physicians, dentists, chiropractors, accountants. (E) No display of products shall be visible from the street and only products made on the premises may be sold on the premises. (F) No internal or external alterations inconsistent with the residential use of the building shall be permitted. (G) No accessory building [except as provided in (L), below] or open storage shall be allowed in connection with the home occupation. (H) No machinery that causes noises or other interferences in radio and television reception shall be allowed. (I) Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the customary home occupation. U) No chemical, electrical or mechanical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes, with the exception of medical and dental equipment used for professional purposes. (K) Unless otherwise specified, customary home occupations may employ one sign, not more than one square foot in area and which shall not be illuminated. (L) In the zoning districts that allow a Special Use Permit for customary home occupations in a detached accessory structure, the 8-27 Planning and Zoning Board shall make all the above findings in addition to all findings otherwise required by this ordinance. 8.12.5 Dwelling, Manufactured Home (On Individual Lots) (A) The lot must be recorded with the Surry County Register of Deeds as an individual lot. (B) If municipal utilities are not available, the well and/or septic tank must be approved by the county health department. (C) All yard dimensional requirements for the respective district must be met. (D) The lot must have legal access to a public street. (E) A certificate of occupancy must be issued by the Ordinance Administrator after these conditions and all other code requirements are met and before the unit can be occupied. 8.12.6 Manufactured Home Parks The purpose of these manufactured home park regulations is to provide an acceptable environment for what are in fact small communities of manufactured homes: New manufactured home parks may be located in the RA district as special uses subject to a finding by the Planning and Zoning Board in addition to the findings required under this ordinance, that the following conditions will be met: (A) Plans clearly indicating the developers' intention to comply with the provisions of this section shall be submitted to and approved by the Planning and Zoning Board. Plans must show the area to be used for the proposed manufactured home park; the ownership and use of neighboring properties; all proposed entrances, exits, driveways. walkways, and off-street parking spaces; the location of manufactured home spaces, recreation area, buffer strips, and service buildings; the location of sanitary conveniences, including laundries, if applicable, and refuse receptacles; the proposed plan of water supply, sewage disposal and electrical service and lighting. The Planning and Zoning Board shall have the authority to impose the reasonable conditions and safeguards on the proposed development, as it deems necessary for the protection of adjoining properties and the public interest. (B) The lot area for a manufactured home park shall be at least two acres. All areas to be included in the park shall be clearly shown on the plans required by division (A) above. (C) Each home in a manufactured home park shall occupy a designated space having at least six -thousand square feet (6,00oft2), with a width of at least fifty (50') feet, exclusive of common streets. (D) Each manufactured home space shall abut a street within the park; the streets shall be graded and surfaced with not less than four inches of crushed stone or other suitable material on a well - compacted sub -base to a continuous width of twenty (20') feet, exclusive of required parking spaces extending to the frontage street. (E) Two (2) off-street parking spaces with not less than four (4") inches of crushed stone or other suitable material on a well -compacted sub -base shall be provided for each new manufactured home space. Required parking spaces may be included within six -thousand square feet (6,000ft2) required for each manufactured home space. (F) At least two -hundred square feet (200ft2) of recreation space for each manufactured home space shall be reserved within each mobile home park as common recreation space for the residents of the park. The areas shall, along with streets and walkways, be adequately lighted for safety. (G) No homes or other structures within a manufactured home park shall be closer to each other than sixteen (16') feet, except that storage or other auxiliary structures for the exclusive use of the manufactured home may be closer to that mobile home than sixteen (16') feet. (H) No manufactured home shall be located closer than thirty (30') feet to the exterior boundary of the park or a bounding street right-of- way of a bounding street. (I) Proposed water supply and waste disposal facilities for the manufactured home park shall be approved in writing by the county health officer or his or her representative. U) All refuse containers shall be located on a concrete, asphalt or 8-29 similar base and shall be enclosed on three sides with a wooden or masonry fence or wall at least six feet high. (K) Any expansion of manufactured home parks in existence on the effective date of this chapter shall comply with the provisions of this section. (L) Non -conforming Manufactured Home Parks The term nonconforming manufactured home park refers to any park not meeting the development standards established by the preceding requirements. (i) Nonconforming manufactured home parks may not be enlarged or altered to create additional space until the park had been brought into compliance with the provisions of this chapter. (2) Manufactured or mobile homes that are not inspected and approved by HUD, and which were manufactured prior to June 15, 1976, shall be known as "nonconforming manufactured homes." Existing nonconforming manufactured homes located within the zoning jurisdiction of the Town upon the adoption of this section, shall be discontinued and removed when the structure has deteriorated to the point where major repairs are necessary to make the home habitable, in the judgment of the Surry County Building Inspector. Installation of nonconforming manufactured homes shall not be permitted in the zoning jurisdiction of the Town for residential or any other purposes. 8.12.7 Animal Services and Hospitals (With Outdoor Kennels) (A) No outdoor containment of animals shall be located less than 250 feet from any residentially zoned property and fifty (50) feet from any other adjacent property line. (B) Kennel areas must be surrounded by an opaque fence of not less than six (6) feet in height and enclosed as to prevent escape. 8.12.8 Bed and Breakfast Inn (A) The use shall only be permitted in a structure that was originally built as a single-family dwelling that was constructed to the North 8-30 Carolina State Building Code. (B) When located in a residential zoning district, meals may not be provided to persons who are not registered guests of the Bed and Breakfast. (C) Rooms may not be equipped with cooking facilities. (D) Guest parking areas may only be located at the side or rear of the residence. In the case of corner lots, the parking must be provided on the side of the lot that does not front on the streets. This provision does not apply to through or double frontage lots. (E) One (1) freestanding sign not exceeding sixteen square feet (16ft2) in sign area may be installed on site. The sign and any other signage shall comply with all other general sign regulations (F) Special events (e.g., weddings, receptions, parties, etc.) held on the site shall comply with all requirements specified under the Temporary Use requirements as set forth in Section 9.16. This provision shall not apply to establishments located in the RA, CB, or HB districts. (G) Applications must contain a written description of the proposed use(s) of the site and building(s) thereon including, at a minimum, the following information: (i) Number of full and part-time employees. (2) Number of clients and/or occupants expected to use the facility. (3) Building elevations for all existing and proposed structures on the property. (4) A copy of the recorded deed establishing an ingress/egress easement to the lot in cases where access to the lot on which the bed and breakfast is to be located will be provided by an easement or private road. 8.12.9 Sexually Oriented Businesses (All) (A) No sexually oriented business shall be located within one -thousand (1,000') feet of another sexually oriented business, which shall be measured from the exterior walls of the building(s) containing such 8-31 regulated use. (B) No sexually oriented business shall be located within 1,500 feet of any area zoned for residential use or from the property line of residential unit(s), churches, synagogues, temples, nursery schools, day care centers (child/adult) and public or private schools, in all zoning districts, which will be measured from the property line(s) containing such regulated use. (C) Sign content shall consist of text only, and shall not depict or suggest subject matter that is lewd, offensive, sexual or anatomical in nature, as determined by the Planning and Zoning Board. (D) Screening is required around the entire perimeter of any sexually oriented business. This screening shall consist of a naturally wooded area or planted with a mixture of evergreen and deciduous trees and shrubs to simulate a naturally wooded area within three (3) years. This screening shall be located in a fifteen (15') foot wide buffer. (E) Supplemental Site Plan Requirements (i) Location of existing structures on property within one - thousand (1,000') feet of exterior wall(s) of the regulated use. (2) Zoning of properties within 750 feet of each property line of the regulated use. (3) Other area or site -specific information as deemed necessary by the Ordinance Administrator. (F) Operational Considerations (1) If applicable, all viewing booths shall be open and be visible to manager(s) of the establishment. (2) If applicable, there shall be a minimum separation of six (6') feet between patrons and performers. (3) Masseuses and servers of food and beverage shall at all times wear a shirt and pants. (4) No nude or seminude service or entertainment of any kind shall be allowed outside the building of a regulated use. 8-32 8.12.10 Wholesale Uses, Bulk Petroleum, Chemical and Gas (A) Site Standards W All storage buildings and yards shall be a minimum of two hundred (200') feet from any residential use, hospital, nursing or convalescent home, retirement home, life care community, school, or church. However, the Planning and Zoning Board shall be authorized to increase this setback if the situation warrants, based on the specific substances that are to be manufactured or stored and in what specific quantities. (2) All structures (except fences and walls), buildings, storage areas, etc. used in the operation shall be a minimum of one hundred (100') feet from all property lines or street rights -of - way. (3) Buildings must meet all requirements for Hazardous Occupancy under the NC Building Code. (4) Outdoor lighting shall be designed to minimize or prevent light from directly hitting adjacent property or any public right-of-way. (5) Use shall be totally enclosed by a security fence or wall at least eight (8') feet high or enclosed within a locked fireproof building. A vegetative screen, either planted or natural wooded area, shall be provided along any street right-of-way and any property line within four -hundred (400') feet of property used or zoned for residential purposes. (B) Operational Requirements (1) The site shall be utilized in a manner that shall not pose a hazard off -site. (2) All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties. (3) Buildings must be maintained to meet all requirements for Hazardous Occupancy under NC Building Code. (4) The Fire Marshall and local fire department shall be kept 8-33 notified of the types of materials used, manufactured, or stored on site. 8.12.11 Go Kart Tracks, Commercial Recreation - Outdoor (A) Hours of operation shall be limited to 9AM until 9PM. 8.12.12 Golf Driving Range (A) Hours of operation shall be limited to 6AM until IOPM. (B) The range shall be surrounded by netting or similar barriers when the edge of the driving area is located within one -hundred (100') feet of a roadway or property line. 8.12.13 Shooting Range, Outdoor (A) Access will be controlled to prevent unregulated entrance to the firing area. The means of controlling access shall be indicated on the site plan and permit application. (B) Security fencing will be provided to prevent an individual from crossing the property downrange. (C) There will be a minimum separation of three -hundred (300') feet between the range and the closest exterior property line. (D) Warning signs meeting NRA guidelines for shooting ranges shall be posted at one -hundred (100') foot intervals along the entire perimeter of the shooting range facility. (E) Ranges shall be operated in a manner that is consistent with the safety guidelines outlined in the most recent version of the NRA Range Source Book, or equivalent range operations guidelines. (F) Shooting ranges shall be designed according to the guidelines in the NRA Range Source Book. Weapons and ammunition that exceed the design capacity of a range or shooting lane shall be prohibited from being fired on that facility. It shall be the responsibility of the range owner to enact policies and procedures that prevent such unauthorized firing. (G) All shooting ranges must be located at least one -thousand (1,000') feet from any existing occupied dwelling, with the exception of a dwelling located on the site of the range that is occupied by the owner, range manager, or caretaker. (H) Shooting ranges are allowed to operate between 8AM and sunset (between 11:30AM and 6PM on Sunday), except that the hours may be extended after sunset for purposes of subdued lighting certification for law enforcement officers and military personnel. The range operator shall notify the Police Department twenty-four (24) hours prior to holding extended range hours. (I) The applicant/owner will be required to carry a minimum of $1,000,000 of liability insurance. Such insurance must name the Town of Pilot Mountain as an additional insured party and save and hold the Town, its elected and appointed officials and employees acting within the scope of their duties, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group's members or employees or third parties on account of any property damage arising out of the acts or omissions of the applicant/owner, his or her group or club or its agents or representatives. The Town will be notified of any policy changes or lapses in coverage. U) In addition to the site plan requirements of this Ordinance, the submitted site plan must also show the following: (1) Complete layout of each range, including shooting stations or firing lines, target areas, shot -fall zones or safety fans, backstops, berms and baffles; (2) Projected noise contours; and (3) Existing and proposed structures, occupied dwellings within one -quarter (1/4) mile, roads, streets, or other access areas, buffer areas and parking areas for the range facility. 8.12.14 Broadcast Towers / Wireless Telecommunication Towers (A) Setback requirements shall be height of the tower plus twenty-five percent (25%). This applies to front, side and rear yard setbacks. (B) Height limitation shall be three -hundred (300) feet, and be contingent upon a determination of "no hazard" by the Federal Aviation Administration (FAA). 8-35 (C) Accessory structures may be allowed for maintenance purposes only. (D) Lighting may be required to meet FAA or FCC regulations, but lighting may not glare on adjacent properties. There may be flashing lights only as required by FAA or FCC regulations. (E) Chain link fencing around the tower is required at the height of at least six (6) feet. (F) The tower and grounds must be maintained and will be the responsibility of the property owner. Removing the tower, accessory structures, and related facilities within six (6) months of abandonment, obsolescence, or cessation of use will be the responsibility of the property owner. (G) Monopoles shall be the preferred construction over the lattice type. (H) No commercial or advertising signs shall be permitted. (I) Applicant shall demonstrate clearly the public need for the proposed new tower, and that such need cannot be met by use of existing or less intrusive facilities. 8.12.15 Distribution Centers and Freight Terminals (A) Such uses shall be required to be located on, and take access from, a road classified as either a major or a minor thoroughfare. 8.12.16 Food Processing and Manufacturing (A) Such uses shall be located at least one -thousand (1,000') feet from the property line of any residentially zoned property. (B) All waste products from processing operations shall be stored inside a fully enclosed building. 8.12.17 Junkyards, Salvage Yards, and Recycling Operations (A) No landfill or junkyard shall be permitted to locate or expand within two -hundred (200') feet of any property used or zoned for residential purposes, and any property used as a hospital, nursing or convalescent home, retirement home, school, church or commercial property. (B) No landfill or junkyard shall be located within five -hundred (500') WE feet of any residential dwelling or well. (C) A visual screen six (6) feet in height, either vegetative or by opaque fence, shall surround the perimeter of all open storage areas. 8.12.18 Mining and Quarrying Operations (A) Such uses shall not be located within five -hundred (500') feet of an exterior property line. (B) Hours of operation are limited to the hours of 6AM until 9PM. (C) Blasting may only occur between the hours of LOAM and 5PM. (D) The use shall be located on, and take access from, a major or minor thoroughfare. 8.12.19 Indoor Growing Facilities (A) All activities and operations of the facility, including cultivation, shall take place inside the building. (B) The facility shall include a ventilation and filtration system designed to ensure odors from the operation are not detectable from outside of the building. 8-37