Section 4-11: Notes to the Table of Permitted Uses

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1 Section 4-11: Notes to the Table of Permitted Uses Note 1. The Industry Classification System Codes indicated in Section 4-10, Table of Permitted Uses, are for reference purposes only, and do not mean that all uses under a specified code heading as provided in the North American Industry Classification System Manual are permitted or conditional uses in the applicable zone. Note 2. Industrial Uses. Any permitted industrial use must meet local, state, and federal environmental requirements with regard to emissions into the air, water, or public sewer systems within the Lillington planning area. Such industries shall obtain the necessary permits from applicable agencies. Note 3. Accessory Uses. (A) (B) (C) In the C-1 district, no storage or service of goods will be permitted outside of buildings that can be viewed from the street except outside display and sale of goods will be permitted in front of businesses but a four foot wide area of sidewalk must be kept clear of any object or vegetation to allow pedestrian movement. Home Occupations. Home occupations are permitted in the primary dwelling only as an accessory use. Home occupations shall be permitted subject to the following limitations: that no more than twenty-five (25) percent of the total floor area or five hundred (500) square feet, whichever is less, is used for such purposes; that no sign or display of products be visible from the streets; that no mechanical or electrical equipment is installed or used other than is normally used for domestic, professional, or hobby purposes, or for infrequent consultation or emergency treatment; and that no more than one person not a resident of said dwelling is employed in connection with the home occupation. Traffic generated by the home occupation shall not exceed the traffic volumes generated by nearby residents. Swimming Pools. All public, commercial, or private outdoor swimming pools of three (3) feet or more in depth, either above ground or below ground, and of either permanent or temporary construction shall meet the following requirements in addition to setbacks and other requirements specified elsewhere: 85

2 (1) That the setback for an above ground swimming pool from any lot line equals the required setback for accessory structures in the district in which it is located plus one (1) foot for each foot over five (5) of pool height. (2) That a fence be erected to a minimum height of four (4) feet to completely enclose all sides of the pool not bounded by a building. A gate of equal height shall be installed and securely fastened when the pool is not in use. (3) That all mechanical equipment be located a minimum of five (5) feet from any property line. (4) Swimming pools are not permitted in a front yard. (D) (E) Fences and Walls. Decorative fences and walls not over five (5) feet high may project into or may enclose any front yard, except on corner lots where the maximum allowed height is four (4) feet. Decorative or boundary fences or walls enclosing rear or side yards may be six (6) feet high. A fence or wall may be erected in the side and rear yard to a maximum height of ten (10) feet in nonresidential districts. All fences and walls must be constructed within the lot line. Razor wire and concertina wire is prohibited on all fences except in the HI district. Satellite Dish Antennas. (1) General Requirements. (a) (b) (c) (d) A zoning permit is required when installing, moving, or substantially constructing or reconstructing a dish antenna over four (4) feet in diameter. A dish antenna must be installed in compliance with the manufacturer s specifications at a minimum. In all residential districts, dish antennas must be permanently installed on the ground and shall not exceed eight (8) feet in diameter. In business and industrial districts, dish antennas may either be installed on the ground or on the roof of the building. If installed on the roof, the dish shall not be larger than twelve (12) feet in 86

3 diameter; shall not project higher than ten (10) feet above the maximum building height of the zoning district or more than one third (1/3) the actual building height above the roof, whichever is less; shall be set back from the front and sides of the building at least eighteen (18) feet; and shall not be used for any advertising purposes. A dish antenna may be installed on the top of another part of the building which is lower than the roof, such as a balcony or parking deck, only if such location is at the rear or side of the building and all other requirements are met. (e) (f) (g) A dish antenna may be attached to an accessory building which is permanently secured to the ground, but may not be attached to the principal building except as provided for in (d) above. If a dish antenna is repainted, the only permissible colors are the original color used by the manufacturer, off-white, pastel beige, grey, or pastel grey-green. The paint must have a dull (non-glossy) finish and no patterns, lettering, or numerals shall be permitted on either side of the dish surface. No dish antenna shall be installed in any public right-of-way or in any drainage or utility easement. (2) Location In Yards. (a) (b) A dish antenna shall be installed in the rear yard only, in all districts except as provided for in (1)(d) above and in (2)(b) below. In business and industrial districts only, a dealer selling dish antennas may have a maximum of one (1) such antenna installed in the front or side yard for display purposes providing all other requirements are met. If a dealer displays a dish antenna in front or side yard, his permissible sign area shall be reduced by one half (½). (3) Setback Requirements. (a) The minimum required setback for dish antennas, from the side lot line, shall be the same as for the principal building except on 87

4 corner lots, on the side abutting the street, the minimum required setback shall be the same as the required front yard setback along that street. (b) (c) The minimum required setback for dish antennas from the rear lot line shall be ten (10) feet or the same as accessory buildings, whichever is greater. In districts where there are no side or rear yard requirements, a minimum setback of ten (10) feet from the side and rear lot lines shall be required of dish antennas. (d) In all cases, no dish antenna shall be located within fifteen (15) feet of any street right-of-way. (4) Maximum Height Requirements. (a) (b) In all residential districts, the maximum height of dish antennas shall be fifteen (15) feet or the height of the principal building, whichever is less. In commercial and industrial districts, the maximum height of dish antennas installed on the ground shall be twenty (20) feet. (5) Buffering Requirements. (a) (b) In all residential districts, dish antennas shall be surrounded on all sides with any one or combination of evergreen vegetation, topography, landscaped earth berm, or architectural features such as fences or buildings so that view of one-half (½) of the dish area is restricted from all public streets and six (6) feet above ground level of abutting residential property. If evergreen vegetation is used, a species and size may be planted which can be expected to buffer the required area within two (2) years of normal growth. Any buffer vegetation which dies must be replaced. In business and industrial districts, dish antennas must be screened from view from abutting residential property and residential 88

5 streets. The buffer requirements as to materials and height shall be the same as in (5)(a) above. Note 4. Communications, Broadcasting, and Telecommunication Towers. Must have setbacks from all property lines of at least one (1) foot for every foot of structure height. Note 5. Intensive Livestock Operations. Intensive livestock operations are not permitted within Lillington s planning jurisdiction. Note 6. Junk, Wrecking, and Salvage Yards. Provided: (1) All buffering and enclosure requirements are met as specified in Article 14; (2) Entire operation shall be kept free of pests such as rodents and mosquitoes; (3) No burning or smelting shall be allowed; and (4) The operation of the junkyard will not be detrimental to adjacent land uses. Note 7. Temporary Uses. For any of the following temporary uses, a zoning permit must be obtained. (A) Construction Related Temporary Uses. (1) Construction and Sales Trailers. Temporary buildings, including but not limited to, construction and sales trailers, and storage of materials are permitted in conjunction with the construction of a building, buildings, subdivision, infrastructure, or development when limited to the duration of the construction. Temporary buildings may be erected after preliminary subdivision plat or site plan approval so long as zoning requirements are met for the lot on which the temporary buildings are placed and appropriate building permits have been obtained. Such temporary buildings shall be removed as a condition of final bond release or shall be removed after construction ceases for a period of three (3) months. (2) Temporary manufactured home in conjunction with construction of a dwelling. The erection and occupancy of a temporary dwelling for up to twelve (12) months, which may be extended by the Zoning Administrator in six (6) month increments, is permitted during the construction of a dwelling on the same lot subject to obtaining a zoning permit, to be issued concurrently with or after the issuance of the building permit for the principle dwelling. 89

6 (3) Sales and Leasing. Residential and non-residential sales and leasing are permitted as a temporary use in a dwelling, a model home, or temporary building located in the same subdivision or development where the dwellings or non-residential buildings are to be located and offered for sale or lease. The sales use is permitted until the issuance of the last certificate of occupancy of open and valid building permits within the subdivision or development. (B) Temporary Sales. Temporary sales of produce, Christmas trees, fireworks, and other seasonal goods, or other temporary sales as permitted by the Zoning Administrator may be permitted on application for a temporary zoning permit to the Zoning Administrator. Such permit may impose conditions necessary to alleviate any adverse impacts such as provisions for adequate parking, traffic safety, fire safety, hours of operation, provision for sewage disposal, and other health and safety concerns the Zoning Administrator may deem necessary, and the posting of a bond to ensure timely removal of structures and materials and restoration of the area. A temporary zoning permit for temporary sales shall be valid for a period not to exceed 45 days, unless extended, and shall require that all structures and materials be removed within such time period. At a minimum: (1) Structures for temporary sales shall not exceed 400 square feet in floor area nor be closer than 35 feet to a right of way or prescriptive easement of a road. (2) Entrances and exits to roads shall be clearly delineated. (3) Entrances and exits shall be so located as to provide safe ingress and egress from roads and shall be channeled to prevent unrestricted access to and from the premises. (4) No more than two (2) signs shall be permitted. (C) Special Events. Special events may be permitted on application for a temporary special event by the Zoning Administrator, subject to this subsection s standards and requirements. (1) The particular location requested can reasonable accommodate the proposed temporary event, given the proposed use s nature, size, and duration. (2) The operation of the requested event at the location proposed and within the time period specified shall not create significant adverse impacts, including but not limited to environmental, visual, glare, traffic, noise, or odor impacts, on adjacent properties, or improvements on adjacent properties, or in the surrounding area. 90

7 (3) The proposed event shall not create an unreasonable risk of: a. Significant damage to public or private property, beyond normal wear and tear; b. Injury to persons; c. Public or private disturbances or nuisances; d. Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel; or e. Additional police, fire, trash removal, maintenance, or other public services demands, unless substantially mitigated by the applicant or operator. The allowance of non-permitted and/or unscheduled activities that occur during the special event, damage, or not cleaning the site may jeopardize future approvals for annual events. (4) The time and location requested for the proposed special event shall not be already permitted or reserved for other activities. a. Permanent structures to the site are prohibited, unless the Zoning Administrator specifically approves the structure in conjunction with annual special events. The property owner is responsible for the maintenance of the structure and for the removal of the structure(s) if the annual special event permit is not renewed. b. Permanent signs are prohibited. All temporary signs approved under Section of this Ordinance and that are associated with the event. c. Special events shall not violate any applicable conditions of approval that apply to the principal use on the site. d. The applicant or operator has received or complies with any other required permits, such as health department permits, or other federal, state, or county regulations. (5) Authority for Reasonable Conditions of Approval. The Zoning Administrator may impose reasonable conditions necessary to assure compliance with the standards in this subsection, to ensure that operation and maintenance of the special event mitigate potential adverse impacts on existing uses on adjoining properties and in the surrounding area, and to protect the public health, safety and general welfare. Conditions may address, but are not limited to, provisions for adequate parking, storage, 91

8 and lighting; provisions for security, traffic safety, fire and life safety; conditions limiting hours of operation; provision for adequate sewage disposal; liability insurance including the Town of Lillington as coinsured, and any other health and safety concerns the Zoning Administrator may deem necessary to comply with the standards above. In addition, the Zoning Administrator may require the posting of a bond to ensure timely removal of structures and materials and restoration of the area. (6) Term of Approval/Permit. A temporary zoning permit for a special event authorized pursuant to this subsection shall be limited to a maximum duration of fourteen (14) days, unless otherwise specifically authorized or extended by the Zoning Administrator. A permittee may request an extension of the approval term in writing before the expiration of the original approval term and the Zoning Administrator may approve an extension upon a finding that the special event has substantially complied with all conditions of the original approval, and that the extension will not create substantial adverse impacts on adjacent properties. (7) Maximum Number of Special Events per Property. Within any single calendar year, the same property may host no more than ten (10) special events. The temporary use permits for these special events may be reviewed and approved concurrently. A minimum of 14 days shall lapse between special events on any one property. (D) (E) Other Temporary Uses. Other temporary activities not otherwise specifically addressed in this section may be permitted upon application for a temporary zoning permit to the Zoning Administrator. Such permit may impose conditions regarding the hours of operation, the volume of amplified music, the type and intensity of outdoor lighting, and similar matters affecting health, safety, and the public welfare, provided such conditions are necessary to alleviate any adverse impact of the activity upon neighboring roads and properties. Generally Applicable Temporary Zoning Permit Requirements. All applications for a temporary zoning permit for a temporary use or event shall comply with the following minimum requirements: a. All temporary zoning permits shall be applied for at least thirty (30) days in advance of the event or function. b. A separate temporary zoning permit shall be obtained for each temporary use or event. 92

9 Note 8. Public Utility Facilities, Substations, Pumping Stations, and Water Storage Facilities. Must be housed in buildings or landscaped to harmonize with the character of the neighborhood and with adequate yards, fences, and other safety devices to protect the public safety and welfare. Note 9. Family Care Homes/Group Care Facility. As allowed by NCGS , a family care home/group care facility may not be located within a one-half mile radius of an existing family care home or group care facility. Note 10. Land Use Regulations for Specific Uses Located in the Watershed Protection Overlay Districts. See Section 5-3 (Land Use Regulations) of this Ordinance. Note 11. Pawn Shops. (A) Pawn shop facilities shall be at least 1,000 feet from a church, school, or playground, or another pawn shop and shall have a minimum of 500 feet road frontage spacing from residential uses in a residential zoned district. Signage on the pawn shop shall meet all requirements for signage in the C-3 zoning district. (B) The pawn shop shall be open to the public only between the hours of 8:00 am and 8:00 pm. The Lillington Police Department shall conduct a background check on all pawnbrokers. Every pawnbroker shall keep consecutively numbered records of each and every pawn transaction, which shall correspond in all essential particulars to a detachable pawn ticket or copy thereof attached to the record. The pawnbroker shall, at the time of making the pawn or purchase transaction, enter upon the pawn ticket a record of the following information which shall be typed or written in ink and in the English language: (1) A clear and accurate description of the property, including model and serial number if indicated on the property; (2) The name, residence address, phone number, and date of birth of pledgor; (3) Date of the pawn transaction; (4) Type of identification and the identification number accepted from pledgor; (5) Description of the pledge or including approximate height, weight, sex, and race; (6) Amount of money advanced; (7) The date due and the amount due; (8) All monthly pawn charges, including interest, annual percentage rate on interest, and total recovery fee; and (9) Agreed upon "stated value" between pledgor and pawnbroker in case of loss or destruction of pledged item; unless otherwise noted, "stated value" is the same as the loan value. 93

10 (C) The following shall be also printed on all pawn tickets: (1) The statement that "ANY PERSONAL PROPERTY PLEDGED TO A PAWNBROKER WITHIN THIS STATE IS SUBJECT TO SALE OR DISPOSAL WHEN THERE HAS BEEN NO PAYMENT MADE ON THE ACCOUNT FOR A PERIOD OF 60 DAYS PAST MATURITY DATE OF THE ORIGINAL CONTRACT. NO FURTHER NOTICE IS NECESSARY."; (2) The statement that "THE PLEDGOR OF THIS ITEM ATTESTS THAT IT IS NOT STOLEN, HAS NO LIENS OR ENCUMBRANCES, AND IS THE PLEDGOR'S TO SELL OR PAWN."; (3) The statement that "THE ITEM PAWNED IS REDEEMABLE ONLY BY THE BEARER OF THIS TICKET OR BY IDENTIFICATION OF THE PERSON MAKING THE PAWN."; and (4) A blank line for the pledgor's signature and the pawnbroker's signature or initials. (D) The pledgor shall sign the pawn ticket and shall receive an exact copy of the pawn ticket which shall be signed or initialed by the pawnbroker or any employee of the pawnbroker. These records shall be submitted at the end of each workday to the Lillington Chief of Police or designee of the Chief of Police or the Harnett County Sheriff or designee of the Sheriff. These records may be electronically reported over the Internet or by facsimile transmission in a manner authorized by the applicable Chief of Police or Sheriff. These records shall be a correct copy of the entries made of the pawn or purchase transaction and shall be carefully preserved without alteration, and shall be available during regular business hours. Except as otherwise provided in this Chapter, any person presenting a pawn ticket to a pawnbroker is presumed to be entitled to redeem the pledged goods described on the ticket. (E) Sunset Requirement. All existing pawnshops shall come into compliance with subsections (B), (C), and (D) within (6) months of the date of adoption of this Ordinance. If the zoning permit is not renewed within (6) months operations of the existing Pawn Shop must cease. Note 12. Tattoo Parlor. Tattoo Parlor facilities shall be at least 1,000 feet from a church, school, or playground, or another tattoo parlor facility and shall be a minimum of 500 feet road frontage spacing from residential uses in a residential zoned district. Signage on the tattoo facility shall meet all requirements for signage in C-3 zoning district. The tattoo facility shall be open to the public only between the hours of 8:00 am and 11:00 pm. Sunset Requirement. All existing tattoo parlor facilities shall come into compliance within (6) months of the date of adoption of this Ordinance. If the zoning permit is not renewed within (6) months operations of the existing tattoo parlor facility must cease. 94

CHAPTER USES 1

CHAPTER USES 1 CHAPTER 29.06 - USES 1 Sections: 29.06.010 Uses 29.06.020 Prohibited Uses 29.06.030 Application Required 29.06.040 Permitted Uses 29.06.050 Standards and Criteria for Permitted Use 29.06.060 Conditional