§ 710. Conditions Which Must Be Met By Special and Conditional Uses.
710.1
General conditions. In order for any special or conditional use to be granted, the applicant, at the hearing, shall present sufficient evidence to enable the Board to find that the following conditions exist where applicable:
710.1.1 All applicable specific conditions pertaining to the proposed use have been or will be satisfied.
710.1.2 Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or other emergency.
710.1.3 Off-street parking, loading, refuse, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties and properties in the general neighborhood.
710.1.4 Utilities, schools, fire, police, and other necessary public and private facilities and services will be adequate to handle the proposed use.
710.1.5 The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts.
710.1.6 The type, size, and intensity of the proposed use, including such considerations as the hours of operation and number of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood.
710.2
Additional conditions. If the appropriate board approves a special or conditional use, it may, as part of the terms of such approval, impose any additional reasonable conditions and safeguards as may be necessary to insure that the criteria for the granting of such a permit will be complied with and to reduce or minimize any potentially injurious effect of the use on adjoining properties, the character of the neighborhood, or the health, safety, morals, or general welfare of the community. Where appropriate, such conditions may include requirements that street and utility right-of-way be dedicated to the public and that provision be made of recreational space and facilities.
710.3
Specific conditions. In addition to the general conditions in Section 710.1, special and conditional uses shall meet specific conditions for the type of use as indicated in this section.
Use: Junkyards Requirements: A. The Junkyard shall be screened by an opaque fence, vegetation, earthen berm, or combination thereof at least 8 feet in height from all road right of ways and adjacent residentially developed properties. Existing natural vegetation may be utilized to fulfill the screening requirement. B. All materials stored within a junkyard shall be setback 10 feet from all right of ways and adjacent property lines. C. The Town Council may exempt junkyards from the screening and outdoor storage setback requirements when it can be demonstrated that the unique characteristics of the landuse make it unfeasible to comply with such requirements. (Ord. No. 383, 8-7-01)
Use: Multi-family dwellings and townhouses as a special use in all permissible districts (excluding B-1 district). Requirements: Minimum lot size—Thirteen thousand five hundred (13,500) square feet. Density—Maximum allowable density shall not exceed four thousand five hundred (4,500) square feet of gross site area per dwelling unit. Building separation: More than one (1) building may be located on the site provided that building separation shall be determined as follows:
Height of
Taller Building
(feet)Minimum Horizontal
Distance Between
Vertical Projections
(feet)20 or less 16 Between 20.1 and 25.0 25 Between 25.1 and 30.0 30 Between 30.1 and 35.0 40 Distance related to windows. The minimum distance between the centers of facing windows shall be twenty (20) feet.
Yard requirements:
Front yard: General district setback shall apply.
Corner side yard: Same as front yard.
Other yards: A perimeter yard shall be provided around the perimeter of the site (other than front and corner side yards) in accordance with the following based on the number of units proposed.
Number of Units Width of Required Yard
(feet)3—10 30 11—30 35 31 or more 40 Landscape strips: A landscaped strip a minimum of ten (10) feet in width shall be provided adjacent to all existing or proposed public street rights-of-way. The landscape strip shall be in addition to front or corner side yard requirements. Parking areas and circulation lanes, excluding approved driveways, and accessory uses and structures shall not be permitted within the landscaped strip. Landscape strips shall be clearly specified on all development plans.
Buffer strips: A buffer strip in accordance with subsection 207.1 shall be provided whenever the property to be developed abuts:
a.
Vacant property;
b.
Property developed for purposes other than multi-family dwellings when multi-family development is proposed;
c.
Property developed for purposes other than townhouses when townhouse development is proposed.
The buffer strip may be included in calculating the perimeter yard requirement.
Required buffer strips shall be clearly specified on all development plans.
Parking areas and circulation lanes, excluding approved driveways, and accessory structures and uses shall not be permitted within a required buffer strip nor within the first fifty (50) percent of a perimeter yard when a buffer strip is not required. The fifty (50) percent shall pertain to the width of the perimeter yard and shall be measured from the exterior lot line inward.
Other provisions:
The minimum number of townhouse units attached to each other shall be two (2) and the maximum number shall be eight (8).
Townhouse lots shall be a minimum of eighteen (18) feet in width.
Townhouse development shall be exempt from providing passive recreation areas as required under section 711 when it is demonstrated that each individual townhouse lot will contain a minimum of three thousand (3,000) square feet in lot area and overall density will not exceed four thousand five hundred (4,500) square feet of gross site area per dwelling unit. In such cases the perimeter yard and adjacent buffer strips, when required by this ordinance, may be included as portions of individual lots.
Access for emergency vehicles to all parts of the complex and to each unit shall be provided.
Solid waste receptacles shall be located so as to provide for efficient collection service. Receptacles shall be screened from adjacent properties and street rights-of-way.
The board may approve the inclusion of leasing offices and coin-operated laundry facilities, swimming pools, snack bars, and similar service uses provided that they are intended to serve residents of the premises only and will not attract outside patronage.
The maximum height in feet for buildings shall be as provided in the general district requirements for the district in which the project is located.
Passive and active recreation space shall be provided in accordance with section 711.
(Ord. of 5-1-90; Ord. of 3-5-91; Ord. No. 339, 1-5-99)
Use: Planned Unit Developments as a Special Use in R-8 Requirements: (a) A planned unit development is a project which is at least ten (10) gross acres in size to be located on land under unified control, planned as a whole, and developed in a single development operation or in a definitely programmed series of units or stages of development according to comprehensive and detailed plans, with a program for the provision, operation, and maintenance of any area, improvements, and facilities provided for the common use of the occupants or users of the development.
(b) A planned unit development may contain any of the general, special, or conditional uses listed for the R-20A, R-10, or R-8 districts, subject to approval of plans by the Smithfield Town Council. Board of Adjustment approval of uses listed as conditional uses shall not be required in a planned unit development. Dimensional requirements for single-family dwellings within a planned unit development shall be as indicated in subsection 307.3. Requirements for multi-family dwellings and townhouses in a planned unit development shall be as indicated in subsection 710.3. No individual section or phase within a planned unit development shall exceed ten (10) dwelling units per gross acre. Overall cumulative density of developed areas or phases shall at no time exceed five (5) dwelling units per gross acre.
(c) Dimensional requirements for non-residential uses in a planned unit development shall be those listed for other buildings in subsection 307.3 of this ordinance. Shopping centers may also be permitted in a planned unit development. Uses allowed in such shopping centers are: Grocery stores, drug stores, laundry and dry cleaning establishments, offices, gift shops, card shops, camera and photography shops, barber and beauty shops, and restaurants. Other uses may be permitted subject to town council authorization. Shopping centers in planned unit developments shall meet the requirements for shopping centers as specified in this ordinance. Shopping centers, non-residential buildings and other supporting facilities shall not exceed thirty (30) percent of the total site area. Such area shall be excluded from the gross site area in calculating the maximum allowable density for residential uses.
(d) In addition to the uses allowed in the R-20A, R-10 and R-8 districts and shopping centers, the following uses are allowed in planned unit developments provided that the applicant shall establish setback lines for these uses which shall be recorded in the register of deeds office and shall include regulations for accessory buildings and uses. These setback lines shall be recorded in the register of deeds office with the subdivision plats, or separately if the property is not a subdivision, and the regulations for accessory buildings and uses shall be included within the restrictive covenants for the planned unit developments. These setbacks and rules when approved as part of the special use permit shall apply instead of the dimensional requirements and requirements concerning accessory buildings and uses in this ordinance.
(1) Clustered detached single-family dwellings. These are dwellings in which the lot size for each individual dwelling may be reduced, but may not be less than six thousand (6,000) square feet provided that the difference between the required dimensions for the district, as indicated in subsection 307.3 of this ordinance and the reduced dimensions, is dedicated to a homeowner's association as common open space.
(2) Zero lot line dwellings, that is, detached single-family dwellings on lots without a side yard requirement on one (1) side of the lot. The lot for a zero lot line dwelling may be reduced, but may not be less than six thousand (6,000) square feet provided that the difference between the required dimensions for the district as indicated in section 307.3 of this ordinance and the reduced dimensions is dedicated to a homeowner's association as common open space.
(e) Planned unit developments shall provide passive and active recreation space in accordance with section 711.
(Ord. of 3-5-91)
Use: Public uses as special uses Requirements: The Board shall review each application carefully and shall deny the permit if the benefit to the public will not outweigh any adverse effects the use might have. Use: Commercial amusement uses. Requirements: No outdoor activities, except parking, shall be located within two thousand (2,000) feet of any residentially zoned land. No lights may shine where they will be directly cast on a residential structure. Noise from commercial amusements shall not be a nuisance to any residentially zoned land. The board will pay close attention to buffering. As an alternate means of compliance from the required two-thousand-foot separation between outdoor activity and residentially zoned land, a minimum fifty-foot nonbuildable screening buffer located along the property line may be considered by the town. This screening buffer shall consist of an earthen berm that will have a minimum height of eight (8) feet and a maximum side slope of three (3) to one (1). The design of such a berm shall create a minimum crest of ten (10) feet in width for the accommodation of landscaping. Landscaping of the berm crest shall consist of two (2) rows of large evergreen shrubs and/or small evergreen trees placed in a staggered formation that will form a solid mass of plant material and grow to a minimum of eight (8) feet in height within five (5) years from the date of planting. Landscaping of the berm slopes shall be planted on both sides with plant material that will provide a uniform and continuous vegetative coverage for the entire length of the berm within five (5) years from the date of planting. For indoor and outdoor activities, the board will take into consideration the proposed size of the operation and number of patrons and their effect on neighboring uses. (Ord. of 4-4-89; Ord. No. 414, 12-7-04) Use: Retail or wholesale businesses, service establishments, educational, medical, dental, optical establishments, or public uses other than those specifically listed with outdoor sales, service, storage areas, drive-in windows, or which would emit smoke, odor, dust, fumes, or noise from the building in which they are located or involve possible fire hazard and radioactivity. Requirements: The Board shall carefully consider the effects of the individual operation on neighboring property and the Smithfield area and shall deny the permit if an adverse effect would be created. Use: Any manufacturing, processing, or warehousing or transportation use or public use or utility which involves outdoor storage, services, operations, emits or will emit smoke, odor, dust, fumes, glare, noise, or vibration from the building in which it is located, or involves storage of combustible materials, nuclear waste, radioactivity, or is among the uses listed as exceptions to permitted uses. Printing and publishing operations in B-1. Requirements: The Board will carefully consider the effects of the individual operation on neighboring property and the Smithfield area and shall deny the permit if an adverse effect would be created. The Board shall require sufficient buffering to screen the outdoor use or portion of the use from view of streets and neighboring property. The outdoor use or portion of the use shall be maintained in a sanitary condition at all times so as not to harbor mosquitoes, vermin, or otherwise be a menace to public health and safety. Where a use could involve potential fire or other health hazards, the Fire Chief, and where applicable, the Johnston County Health Department, shall have an opportunity to review the application. The applicant shall provide all needed information to enable the appropriate officials to determine the safety of the operations and any storage measures. Use: Schools other than nursery schools or day care; colleges and universities as special uses in all residential districts. Requirements: No building shall be erected closer than one hundred (100) feet from any lot line. Use: Nursery schools and day care establishments as a conditional use in all residential districts. Requirements: The establishment shall be located in an area where access is adequate but shall be placed in such a way that traffic hazards to young children are minimized. It shall meet all requirements of the appropriate licensing board. Use: Recreational buildings and facilities for residential development, country clubs, golf courses, public or neighborhood tennis courts, parks and recreation areas as a special use in all residential districts. Requirements:
(a)
Yard requirements. Any building or facility intended to be an assembly place shall meet normal yard requirements and shall be landscaped in keeping with the character of the general neighborhood.
(b)
Access. Ingress and egress of vehicular traffic shall be on a major or minor thoroughfare if the use contains audience stands or bleachers or other facilities for spectator use.
Use: Places of Worship and their supporting facilities as a conditional use in all residential districts Requirements:
(a)
Yard requirements. Same as those required for the district in which the use is located plus open space at a ratio of two (2) square feet of open space for each one (1) square foot of building coverage (not including parking space).
(b)
Access. Ingress and egress of vehicular traffic shall be on an arterial or major collector street.
(c)
Height. The maximum height requirements of the zoning district shall be observed except that the spire or belfry may be exempt from the height limitations.
Use: Convalescent, nursing, and rest homes as a conditional use in R-20A, R-8, and O&I Requirements:
(a)
Characteristics. The facility shall be so designed that it blends into the character of the neighborhood.
(b)
Signs. In residential districts, the only signs permitted shall be those necessary for safety and one identification sign to be approved by the Board of Adjustment.
(c)
A buffer strip shall be required which meets the requirements of Section 207 wherever the use abuts or is across an easement or right-of-way from residentially-zoned property.
Use: Public or neighborhood swimming pools as a special use in residential districts Requirements: Swimming pools, provided that such use is located within or on an area designated as a public park or playground or on a community or privately-owned park or playground, located within such community and that such uses are owned, operated, and maintained on a non-profit basis. Provided, further that swimming pools and accessory buildings shall be located at least twenty (20) feet from the boundary lines of such parks or playgrounds. Nothing in this provision shall prevent the construction and maintenance of a private swimming pool, as permitted under the accessory buildings and structures provisions of this Section, on a lot upon which a residence is located, if such accessory use is for the use and benefit of those residing on such lot. Use: Recreational vehicle parks as a conditional use in B-2 Requirements:
(a)
The same procedures as for establishing a mobile home park shall be followed except that in lieu of the design requirements in that ordinance, the following design requirements shall apply.
(b)
Specifications for parks.
(1)
Each new park shall be located on a tract of land not less than four (4) acres in size and shall contain a minimum of twenty-five (25) spaces.
(2)
Every space shall consist of a minimum area of two thousand (2,000) square feet. Each space shall be designated on the ground by permanent markers or monuments.
(3)
No more than one (1) camping vehicle may be parked on any space.
(4)
All spaces developed adjacent to a public street shall be set back a minimum of fifty (50) feet from the right-of-way.
(5)
Parking space sufficient to accommodate at least one (1) automobile and camping vehicle shall be constructed within each space and they shall be paved to meet minimum North Carolina Department of Transportation paving requirements or covered with four (4) inches of crushed stone.
(6)
All spaces shall be located on sites with elevations that are not susceptible to flooding. They shall be graded to prevent any water from ponding or accumulating within the park. Where storm drainage pipes are located in adjacent streets, underground drainage facilities with connections to the storm drainage system shall be provided for the park.
(7)
Each space shall be properly graded to obtain a reasonably flat site and to provide adequate drainage away from the space.
(8)
The park shall have all-weather roads and driveways that directly abut all spaces. All roads and drives rights-of-way shall have a minimum width of twenty (20) feet. In areas of heavy vehicle use, wider rights-of-way shall be required.
(9)
No space shall have direct vehicular access to a public road.
(10)
The park shall be developed with proper drainage ditches. All banks shall be sloped and seeded.
(11)
Closed ends of dead-end drives or roads shall be provided with a turning circle at least eighty (80) feet in diameter.
(12)
Each space shall have adequate access, for a camping vehicle and motor vehicle, with a minimum access width of twenty (20) feet unless more is deemed necessary because of topographical conditions or road curvature.
(13)
When the park has more than one (1) direct access to a public road, they shall not be less than three hundred (300) feet apart or closer than three hundred (300) feet to a public road intersection unless topographical conditions or unusual site conditions demand otherwise.
(14)
A buffer in accordance with the requirements of Section 207 of this ordinance shall be maintained along all boundaries of the recreational vehicle park.
(15)
The park shall provide all utilities required by this section.
(16)
Each park shall have a central structure or structures that will provide separate toilet facilities for both sexes. This structure may also contain a retail sales counter and/or coin-operated machines for the park residents' use only, provided they are completely enclosed within the building and there is no exterior advertising.
(17)
No swimming pool or bathing area shall be installed, altered, improved, or used without compliance with applicable regulations. No bathing area shall be used without the written permission of the Johnston County Inspections and Health Departments.
(c)
Sanitary facilities, water supply, sewerage, garbage collections, and utilities. In every park, all installations shall comply with all regulations of Johnston County and the State of North Carolina.
(1)
Sanitary facilities.
a.
Requirements. Parks shall have service buildings with sanitary facilities provided in a number recommended by the Johnston County Health Department.
b.
Compliance. All toilet, shower, lavatory, and laundry facilities shall be provided and maintained in a clean, sanitary condition and kept in good repair at all times. They shall be safely and adequately lighted. Facilities shall be easily accessible and conveniently located. All toilet, shower, lavatory, and laundry room facilities shall be acceptable to the Health Department and shall be in conformity with all Johnston County and Town codes.
c.
Buildings. All service buildings shall have windows or openings for the admission of light and shall be capable of adjustment for purposes of ventilation. All such openings, including doors, shall be properly screened, unless other effective means are provided to control flies and insects.
d.
Permanent sleeping quarters shall not be permitted within the park for guests.
(2)
Water supply.
a.
Requirements. A safe, adequate, and conveniently located water supply must be provided for each park in compliance with applicable regulations. No water supply shall be installed, altered, or used without the written permission of the Inspections and Health Departments.
b.
Drinking fountains shall be of an approved type and in locations acceptable to the Health Department. Faucets shall not be used as drinking fountains. Areas around faucets or drinking fountains shall be drained in a manner acceptable to the Inspections and Health Departments.
(3)
Sewage disposal.
a.
Toilet facilities must be provided for each park in compliance with applicable regulations and be approved, adequate, and conveniently located.
b.
Sewage Dumping Station. Each park shall provide a sewage dumping station approved by the Health Department.
c.
No method of sewage disposal shall be installed, altered or used without the written permission of the Health Department, the NC Department of Natural Resources and Community Development, or the Town. All sewage wastes from each park, including wastes from toilets, showers, bathtubs, lavatories, wash basins, refrigerator drains, sinks, faucets, and water-using appliances not herein mentioned, shall be piped into the park's sewage disposal system or systems.
(4)
Garbage and refuse disposal.
a.
Storage, collection, and disposal shall be so managed as not to create health hazards, rodent harborage, insect-breeding areas, accidents, fire hazards, or air pollution.
b.
Containers. All refuse shall be stored in conveniently located, leak-proof, rodent-proof containers with tight-fitting lids. Containers shall be provided in sufficient number and capacity for proper storage of all refuse.
c.
Storage racks or platforms. Racks or concrete platforms shall be provided on which to store containers for refuse. Such container racks or platforms shall be so designed as to prevent tipping, to minimize spillage and container deterioration, and to facilitate cleaning.
d.
Collection. All refuse shall be collected at least twice weekly, or more often if the need is indicated. All refuse shall be collected and transported by the Town or by the agencies which have been approved and licensed by Johnston County in accordance with the County's policies and rules and regulations.
(5)
Insect and rodent control measures. Insect and rodent control measures to safeguard the public health and comfort shall be used in the park as required by the Health Department.
(6)
Electrical service. Where electrical service is used, the installation and use of such facilities shall conform with all applicable codes.
(7)
Utilities shall be installed underground.
(d)
Recreation areas and facilities. Adequate and suitable recreation areas and facilities to serve the needs of the anticipated population shall be provided and shall consist of at least the following:
(1)
One (1) or more play lots for pre-school children, containing play equipment and a minimum size and total area in the ratio shown in the table below, provided there shall be at least one (1) such lot within eight hundred (800) feet of every space.
(2)
One or more playgrounds for school-age children and adults, containing a minimum size and total area in the ratio prescribed below.
Facility Per 25 spaces Per 50 spaces Play Lot 400 square feet 400 square feet Playground 1 acre of level well-drained ground 2 acres of level well-drained ground (e)
Manufactured/mobile homes. It shall be unlawful for a person to park or store a mobile home in a park, except that a single mobile home may be located within the park for exclusive use as dwelling quarters of the park manager or operator. Such a mobile home shall be located in an area designated on the preliminary and final park plan.
(f)
Sales of trailers and/or camping vehicles in parks on a commercial basis shall be unlawful.
(g)
Miscellaneous Provisions
(1)
Fire protection. The operator of a park is responsible for installing and maintaining adequate fire protection in accordance with applicable rules and regulations of the Town and County.
(2)
Health regulations. All applicable regulations within the jurisdiction of the Health Department shall apply except that where such regulations are in conflict with the provisions of this ordinance, the more restrictive provisions shall apply.
(h)
Revocation of operating permit. The Zoning Administrator, after due notice, may suspend or revoke the permit of any owner or operator of a park for violating the provisions of this section. Any decision of the Zoning Administrator can be appealed to the Board of Adjustment.
(i)
Registration. It shall be the duty of the operator of the park to keep an accurate register containing a record of all occupants of the park. The register shall contain the following information.
(1)
Name and address of owner and each occupant.
(2)
The space in which the camping vehicle is parked.
(3)
Date of entering the park.
(4)
The license number of each vehicle (car and/or camping vehicle) with state of issuance, make, and type of equipment.
The operator shall keep the register available at all times for inspection by law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register.
Use: Hotels, motels, hospitals, clinics, funeral homes, civic and fraternal meeting halls as conditional uses in O&I Requirements: These uses shall be located in portions of the O&I district which have sufficient access and where they will not disturb or be in conflict with residential neighborhoods and uses. Use: Major shopping center Requirements:
(a)
Any shopping center building shall be set back at least one hundred (100) feet from any arterial or major collector street right-of-way.
(b)
Design, landscaping and signage shall be unified and shall harmonize with any adjacent residential areas.
(c)
Except for automobile service stations and financial institutions, the practice of scattering isolated buildings and uses toward and around the edge of the site will not be permitted in neighborhood shopping centers.
(Ord. No. 370, 2-6-01)
Use: Mobile home parks as a special use in R-MH Requirements: Mobile home parks shall comply with all provisions of the Mobile Home Park Regulations of this ordinance. The Smithfield Town Council shall approve or disapprove the park as a special use in accordance with the procedures in this ordinance. Where inspections are required, they shall be made by the appropriate representative of the Town of Smithfield or Johnston County, as applicable. Use: Residential uses as special uses in the O&I, B-1, B-2 and B-3 districts Requirements:
(a)
At least seven hundred (700) square feet of floor area per dwelling unit shall be provided.
(b)
All applicable building, housing, and fire codes will be met.
(c)
Appropriate arrangements have been made for off-street parking.
(d)
The dwelling will be located in an area which will not create undue nuisances or safety hazards for the residents of the dwelling.
(e)
The density of dwellings shall not create traffic or other problems for adjacent uses and the downtown business or office and institutional area.
(f)
Allowing the dwelling or dwellings will not encourage destruction of historically significant buildings.
Use: Mixed use developments and unified commercial developments as a special use in B-1 Requirements: A mixed use or unified commercial development may contain any of the permitted or special uses in the B-1 district. The site plans for the development shall be referred to the Executive Director of the Downtown Smithfield Development Corporation who shall have thirty (30) days to review them and make recommendations prior to the Planning Board review period. Mixed use and unified commercial developments may have more than one (1) principal building/use per lot. Use: Temporary uses Requirements: The Board shall consider the effects of the use on adjacent properties and shall set a time limit on the temporary use. Temporary office units shall meet the requirements in Article II. Use: Mobile and modular office units as conditional uses Requirements: The requirements in Article II shall be met. Use: Warehousing uses including mini-storage warehouses The site shall be located on an arterial or collector street where traffic access is adequate for the use proposed. The internal circulation of the site shall not create foreseeable traffic or safety hazards. The minimum site area for a mini-storage warehouse shall be forty thousand (40,000) square feet. Driveways which access individual mini-warehouse storage compartments shall be at least twenty-five (25) feet for one-way drives and thirty-five (35) feet for two-way drives. Buildings containing individual storage compartments shall be protected with a fence or wall fenced to a height of at least six (6) feet. If a mini-warehouse facility is to operate after dark, adequate outdoor lighting shall be provided. Use: Adult oriented business as defined under section 1003 of this Code as a special use in the B-2/B-3 districts. Requirements (a) No such business shall be located within two thousand (2,000) feet of any other sexually oriented business, as measured in a straight line from property line to property line. (b) No such business shall be located within one thousand (1,000) feet of a church, public or private elementary or secondary school, child day care or nursery, public park, residentially used or residentially zoned property, or any establishment with an on-premise ABC license, as measured on a straight line from property line to property line. (c) There shall be no more than one (1) adult oriented business on the same property or in the same building, structure, or portion thereof. (d) No other principal or accessory use may occupy the same building, structure, property or portion thereof of any adult oriented business. (e) Except for signs as permitted under article V of this Code, there shall be no other advertisements, displays, or other promotional materials visible to the public from pedestrian sidewalks, walkway, or vehicular use areas. (Ord. No. 298, § 3, 6-6-95)
Use: Professional office as a special use in industrial district. Requirements:
(a)
Yard requirements:
Front yard: General district setback shall apply.
Corner side yard: Same as front yard.
Other yards: A reduction of no more than fifty (50) percent of the rear and side yard may be permitted.
(b)
Access: Ingress and egress of vehicular traffic shall be on an arterial or major collector street.
(c)
Signs: The only signs permitted shall be those permitted in the O&I, B-1, B-2 and B-3 districts in accordance with section 505.5, "permitted signs." Landscaping shall be required equal to area of sign for any freestanding sign provided.
(Ord. No. 343, 8-3-99)
Use: Outdoor storage areas Requirements: A. Outdoor storage areas shall be screened from all road right of ways and adjacent residentially developed properties by a eight-foot opaque fence, vegetation, earthen berm or combination thereof. Outdoor storage areas shall be set back twenty-five (25) feet from all road rights-of-way and be setback from side and rear property lines as required by transition and buffer yards. The town council may exempt certain land uses from the screening and outdoor storage setback requirements when it can be demonstrated that the unique characteristics of a land use make it unfeasible to comply with such requirements. (Ord. No. 384, 8-7-01) Use: Outdoor display areas Requirements: A. Outdoor display areas shall be set back at least ten (10) feet from any road right-of-way, or the width of the required street yard, whichever is greater. Outdoor display areas are required to be set back from side and rear property lines as required by transition and buffer yards. The provisions of this section shall not apply to land uses within the B-1 (Business) zoning district.
(Ord. No. 385, 8-7-01)