UNIFIED DEVELOPMENT ORDINANCE ADOPTED

Transcription

1 UNIFIED DEVELOPMENT ORDINANCE ADOPTED Planning & Development Services Department City of Wilson PO Box 10 Wilson, NC (252)

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3 TABLE OF CONTENTS 1.1 TITLE Wilson UDO TABLE OF CONTENTS 1 PURPOSE AND APPLICABILITY 1.1 TITLE AUTHORITY JURISDICTION PURPOSE & INTENT CONSISTENCY WITH ALL ADOPTED PLANS AND POLICIES REQUIRED CONFORMANCE TRANSITIONAL PROVISIONS CONFLICT WITH OTHER LAWS INTERPRETATION EFFECTIVE DATE DISTRICT STANDARDS 2.1 PURPOSE AND INTENT OFFICIAL ZONING MAP RURAL AND SUBURBAN DISTRICTS URBAN DISTRICTS DISTRICT DEVELOPMENT STANARDS TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) USES PERMITTED OVERLAY DISTRICTS CONDITIONAL DISTRICTS (CD) SUPPLEMENTAL AND TEMPORARY USE STANDARDS 3.1 APPLICABILITY SUPPLEMENTAL USE STANDARDS RESIDENTIAL SUPPLEMENTAL USE STANDARDS LODGING SUPPLEMENTAL USE STANDARDS OFFICE/SERVICE SUPPLEMENTAL USE STANDARDS COMMERCIAL/ENTERTAINMENT SUPPLEMENTAL USE STANDARDS CIVIC UNIFIED DEVELOPMENT ORDINANCE Adopted i

4 TABLE OF CONTENTS 3.7 SUPPLEMENTAL USE STANDARDS EDUCATIONAL/INSTITUTIONAL 3.7 SUPPLEMENTAL USE STANDARDS EDUCATIONAL/INSTITUTIONAL SUPPLEMENTAL USE STANDARDS AUTOMOTIVE SUPPLEMENTAL USE STANDARDS INDUSTRY/WHOLESALE/STORAGE SUPPLEMENTAL USE STANDARDS AGRICULTURE SUPPLEMENTAL USE STANDARDS INFRASTRUCTURE TEMPORARY USE STANDARDS GENERAL PROVISIONS FOR ALL DISTRICTS 4.1 APPLICABILITY GENERAL PROVISIONS BASIC LOT AND USE STANDARDS MEASUREMENT OF HEIGHT ACCESSORY USES AND STRUCTURES BUILDING DESIGN STANDARDS 5.1 PURPOSE AND INTENT APPLICABILITY AND ADMINISTRATION DESIGN STANDARDS INFRASTRUCTURE STANDARDS 6.1 PURPOSE AND INTENT SCOPE AND APPLICABILITY REQUIRED IMPROVEMENTS FOR ALL DEVELOPMENT CONNECTIVITY TRANSPORTATION PLAN CONFORMITY CITY STREET CLASSIFICATION & DESIGN SIDEWALKS AND OTHER PEDESTRIAN FACILITIES BICYCLE FACILITIES TRANSPORTATION IMPACT ANALYSIS IMPROVEMENT GUARANTEES EASEMENTS AND DEDICATIONS ii CITY OF WILSON, NC

5 TABLE OF CONTENTS 7.1 PURPOSE AND INTENT 7PARKS AND OPEN SPACE 7.1 PURPOSE AND INTENT PARK DEDICATION AND OPEN SPACE CONSERVATION REQUIREMENTS PAYMENT IN LIEU OF PARK SPACE DEDICATION PARK STANDARDS UNIMPROVED OPEN SPACE DESIGN STANDARDS OWNERSHIP & MAINTENANCE TREE PROTECTION AND LANDSCAPING 8.1 PURPOSE APPLICABILITY TREE PROTECTION ON PUBLIC PROPERTY TREE PROTECTION ON PRIVATE PROPERTY STREET TREE AND BUILDING PERIMETER PLANTINGS PARKING LOT AREA LANDSCAPING BUFFERS AND SCREENING LOADING AREAS AND UTILITIES SCREENING WATERCOURSE (RIPARIAN) BUFFER AREAS GENERAL INSTALLATION AND MAINTENANCE STANDARDS PARKING AND DRIVEWAYS 9.1 PURPOSE AND INTENT APPLICABILITY PERMITTED PARKING LOCATIONS OFF-STREET PARKING AND LOADING REQUIREMENTS VEHICLE PARKING DESIGN STANDARDS BICYCLE PARKING STANDARDS DRIVEWAY ACCESS LIGHTING 10.1 PURPOSE AND APPLICABILITY GENERAL DESIGN REQUIREMENTS UNIFIED DEVELOPMENT ORDINANCE Adopted iii

6 TABLE OF CONTENTS 10.3 ADDITIONAL REQUIREMENTS FOR SPECIFIC USES AND AREAS 10.3 ADDITIONAL REQUIREMENTS FOR SPECIFIC USES AND AREAS EXEMPTIONS AND PROHIBITIONS ADMINISTRATION SIGNS 11.1 GENERAL PURPOSE AND INTENT APPLICABILITY COMPUTATION OF SIGNAGE MEASUREMENTS GENERAL PROVISIONS SIGNAGE STANDARDS BY CATEGORY OTHER PERMITTED SIGNAGE STANDARDS SIGNS NOT REQUIRING A PERMIT PROHIBITED SIGNS SIGN ILLUMINATION MAINTENANCE AND UPKEEP OF SIGNS VIOLATIONS EROSION, FLOOD, STORMWATER AND WATERSHED STANDARDS 12.1 GENERAL PURPOSE AND INTENT APPLICABILITY EROSION AND SEDIMENTATION CONTROL FLOOD DAMAGE PREVENTION STORMWATER MANAGEMENT (NEUSE RIVER BASIN) REQUIREMENTS STORMWATER BEST MANAGEMENT PRACTICES OWNERSHIP, MAINTENANCE AND INSPECTION OF STORMWATER STRUCTURES WATERSHED PROTECTION REGULATIONS IMPERVIOUS SURFACE AVERAGING NONCONFORMITIES 13.1 PURPOSE AND APPLICABILITY GENERAL PROVISIONS NONCONFORMING PLANS NONCONFORMING LOTS iv CITY OF WILSON, NC

7 TABLE OF CONTENTS 13.5 NONCONFORMING USES & STRUCTURES 13.5 NONCONFORMING USES & STRUCTURES NONCONFORMING MANUFACTURED HOMES AND MOBILE HOME PARKS NONCONFORMING SIGNS ADMINISTRATIVE AGENCIES 14.1 THE ADMINISTRATOR CITY COUNCIL TECHNICAL REVIEW COMMITTEE PLANNING AND DESIGN REVIEW BOARD BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION MEETINGS AND GENERAL PROCEDURES STAFF ATTENDANCE / MALFEASANCE POLICY ADMINISTRATION 15.1 PURPOSE AND INTENT GENERAL PROVISIONS & APPLICABILITY PUBLIC NOTIFICATION APPLICATION REQUIREMENTS GENERAL REQUIREMENTS FOR QUASI-JUDICIAL HEARINGS AND DECISIONS ADMINISTRATIVE PERMITS ENVIRONMENTAL PROTECTION PERMITS SITE PLANS / DESIGN REVIEW SUBDIVISIONS SPECIAL USE PERMITS (SUP) HISTORIC PRESERVATION APPEALS OF ADMINISTRATIVE DECISIONS VARIANCES TEXT AMENDMENTS AND REZONINGS CONDITIONAL DISTRICTS (CD) VESTED RIGHT UNIFIED DEVELOPMENT ORDINANCE Adopted v

8 TABLE OF CONTENTS 16.1 NOTICE OF VIOLATIONS 16 VIOLATIONS AND PENALTIES 16.1 NOTICE OF VIOLATIONS SPECIFIC TYPES OF VIOLATIONS PENALTIES FOR VIOLATION AND ENFORCEMENT MECHANISMS DEFINITIONS 17.1 INTENT RULES OF CONSTRUCTION USE DEFINITIONS DEFINITIONS GENERALLY vi CITY OF WILSON, NC

9 PURPOSE AND APPLICABILITY 1.1 TITLE 1 1 PURPOSE AND APPLICABILITY 1.1 TITLE These development ordinances and map delineating the location and use of land for trade, industry, housing, recreation and other uses, and dividing such uses into zones or zoning districts each with design and development standards, shall be known as the Unified Development Ordinance, or UDO. 1.2 AUTHORITY The development regulations contained in the UDO have been adopted pursuant to the authority conferred by the North Carolina General Statutes. Specifically, principal authorization comes in the North Carolina General Statutes in Chapter 160A (Planning and Regulation of Development). The UDO of Wilson, North Carolina also uses powers granted in other sections of the North Carolina General Statutes relating to particular types of development or particular development issues. 1.3 JURISDICTION The provisions of the UDO shall apply within the corporate limits of the City of Wilson, North Carolina and within the city's extraterritorial jurisdiction, as identified on the Zoning Map of the City of Wilson, except that property in the extraterritorial jurisdiction which is used for bona fide farm purposes is exempt from the requirements of the UDO, pursuant to NCGS 160A-360(k). A digital copy of the Zoning Map is on file with the Administrator of this ordinance. The map and its boundaries shall be incorporated and made a part of this ordinance. 1.4 PURPOSE & INTENT The regulations contained in the UDO have been adopted in accordance with the 2030 Comprehensive Plan for the City of Wilson, North Carolina, as adopted, in order to: Promote the health, safety, morals, and general welfare of the community. Promote sustainable development that ensures the prudent use of existing resources, conserves valuable resources for future generations, and reduces waste and climate impacts. Support development that generates new jobs and tax revenues in order to maintain a consistent level of municipal services and improve quality of life for Wilson residents. Manage growth in a manner that preserves valuable open space and community history. Promote the revitalization of Wilson s residential neighborhoods, especially those in the Center City area. Create a built environment that reinforces better quality of life by improving the design and quality of development in Wilson and supporting pedestrian and bicycle connectivity throughout the community. Create a network of educational opportunities. Allow residents to become active participants in the public realm of their community. Improve collaboration with neighboring jurisdictions and support shared objectives. Provide adequate provision of transportation, water, sewage, schools, parks and other public infrastructure. UNIFIED DEVELOPMENT ORDINANCE Adopted

10 1 PURPOSE AND APPLICABILITY 1.5 CONSISTENCY WITH ALL ADOPTED PLANS AND POLICIES 1.5 CONSISTENCY WITH ALL ADOPTED PLANS AND POLICIES In accordance with G.S. 160A , all development plans and subdivision master plans shall be in conformance with all adopted plans and policies (including comprehensive plans, transportation plans, neighborhood plans, open space and greenway plans, corridor plans, or any other plan adopted by the Wilson City Council) IMPLEMENTATION OF PLAN The UDO is intended to apply the goals, policies, and implementation actions of the 2030 Comprehensive Plan for the City of Wilson as adopted on April 15, 2010 and any plans, policies, and resolutions incorporated by reference into that document AMENDMENTS TO UDO AND COMPREHENSIVE PLAN Any amendments to, or actions pursuant to, this ordinance should be consistent with the Comprehensive Plan. The Comprehensive Plan for the City of Wilson may be amended, and this Unified Development Ordinance and the incorporated Zoning Map should reflect those changes VARIATIONS TO ADOPTED PLANS Specific alignments, locations, or areas of public facilities noted in any adopted plan may be varied on a site by site basis as requested by the developer or the Administrator, provided the integrity of the proposed network and connections, location, or area shown in the plan are maintained. Such variations are subject to the authority of the appropriate approving agency as described in Chapter 15 (Administration) CONFLICTS WITH ADOPTED PLANS In the event of a conflict or inconsistency between this ordinance and any adopted plans, the requirements of this ordinance shall take precedence. 1.6 REQUIRED CONFORMANCE REQUIRED CONFORMANCE WITH THIS ORDINANCE AND OTHER LAWS A. No land or structure shall be used or occupied, and no structure or parts shall be constructed, erected, altered, or moved, unless in conformity with all of the regulations herein specified for the zoning district in which it is located and all other applicable local, state and federal laws. Every building erected, moved, or structurally altered shall be located on a lot conforming to the requirements of the district. B. From and after the adoption of the UDO, no real property lying within the jurisdiction of the UDO shall be subdivided except in conformance with all applicable provisions of the UDO. In addition, after the effective date of the UDO, no plat for subdivision of land within the jurisdiction of the UDO shall be certified for recording by the Administrator until it has been submitted and approved in accordance with the provisions of the UDO. C. All existing lots of record, platted prior to the adoption of this ordinance and upon which no buildings have been erected, shall be grandfathered upon the date of adoption of this ordinance and shall not be subject to the new lot standards herein. However, buildings upon such lots shall be subject to standards in this ordinance, including all related site improvements. 1-2 CITY OF WILSON, NC

11 PURPOSE AND APPLICABILITY 1.7 TRANSITIONAL PROVISIONS OPTIONAL CONFORMANCE WITH PREVIOUS ORDINANCES A. Notwithstanding the provisions of Section above, until July 31, 2013 applicants for any permit or development approval subject to regulations of this ordinance may choose to abide by the provisions of the Zoning Ordinance, the Subdivision Ordinance, and other City ordinances and policies in effect prior to the effective date for this UDO established in Section However, no amendments to the previous Subdivision Ordinance, Zoning Ordinance or its associated map shall be made. B. All development approvals granted in accordance with the Zoning Ordinance, the Subdivision Ordinance, and other City ordinances and policies in effect prior to the effective date for this ordinance established in Section 1.10, shall have until July 31, 2014 to complete the approved development under the terms of the previous ordinances and policies. After such time, all development must be completed in accordance with the provisions of this UDO. 1.7 TRANSITIONAL PROVISIONS The following transitional provisions shall apply to various activities, actions and other matters pending or occurring as of the effective date of this ordinance CONTINUATION OF PERMITS AND APPROVALS ISSUED UNDER PREVIOUS ORDINANCES Any approval or permit issued for a building, development or use or property prior to the effective date of the UDO, or any amendment thereto, shall continue to be valid according to the terms of the ordinance(s) under which such approval or permit was granted. If such building, development or use of property does not comply with the requirements in this ordinance, it shall be subject to the standards of Chapter 13 as a nonconforming use or structure VIOLATIONS CONTINUE Any violation of any previous ordinance of the City of Wilson shall continue to be a violation under this ordinance and shall be subject to the penalties set forth at the time of the violation, unless the use, development, construction or other activity is clearly consistent with the express terms of this ordinance COMPLETION OF CURRENT DEVELOPMENT PLANS UNDER PREVIOUS ORDINANCES A. Permit Issued: Any building or development for which a permit was issued prior to the effective date of the UDO, or any amendment thereto, may be completed in conformance with the issued permit and other applicable permits and conditions. B. Application Filed 1. Any type of land development application which has been officially filed with the appropriate city official prior to the effective date of this ordinance or any amendment thereto, may continue to be processed under the land use rules and regulations in effect prior to said date. 2. The application approval process for such applications must be completed within 1 year of the filing date. UNIFIED DEVELOPMENT ORDINANCE Adopted

12 1 PURPOSE AND APPLICABILITY 1.8 CONFLICT WITH OTHER LAWS 3. If the application approval process is not completed within the specified time, then the application process may be completed only in strict compliance with the requirements of this ordinance. 4. The specified time may be extended at the discretion of the Administrator due to delays in approvals from agencies external to the City of Wilson. 1.8 CONFLICT WITH OTHER LAWS CONFLICT RESOLUTION AND INTERNAL CONSISTENCY A. This ordinance is not intended to abrogate any other law, ordinance or regulation. However, wherever the requirements of this ordinance are in conflict with other requirements of laws of the United States or the State of North Carolina, or with other lawfully adopted city rules, regulations, ordinances, and policies, the most restrictive, or that imposing the highest standards, shall govern. B. Except as hereinafter provided, these regulations shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easement, covenants, or other agreements between parties. However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, then the requirements of this ordinance shall govern. Unless deed restrictions, covenants or other contracts directly involve the City of Wilson as a party in interest, the city shall have no administrative responsibility for enforcing such deed restrictions or covenants. C. In the event of a conflict or inconsistency between the text of the UDO and any caption, figure, illustration or map contained herein, the text shall control SEVERABILITY It is the legislative intent that, in adopting this ordinance, all of its provisions shall be liberally construed to protect and preserve the peace, health, safety and general welfare of the City of Wilson. It is the further legislative intent of the City Council that this ordinance shall stand, notwithstanding the invalidity of any part, and that, should any provision of this ordinance be held to be unconstitutional or invalid, such holding shall not be construed as affecting the validity of the remaining provisions. 1.9 INTERPRETATION In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations and are adopted for the promotion of the public health, safety, and general welfare EFFECTIVE DATE Many provisions herein are a restatement of previous provisions of the zoning, subdivision, and other officially adopted ordinances. Those provisions are hereby continued without interruption. All other provisions of this ordinance shall become effective January 18, CITY OF WILSON, NC

13 DISTRICT STANDARDS 2.1 PURPOSE AND INTENT 2 2 DISTRICT STANDARDS 2.1 PURPOSE AND INTENT For the purposes of this ordinance, the various districts have been categorized as either urban districts or rural/suburban districts. In general, standards and provisions for urban districts are designed to create walkable, mixed-use environments whereas the rural/suburban districts are more reflective of the existing, primarily automobile-dependent configuration. In order to implement the intent of this ordinance, there are hereby created several base districts with the designations and general purposes listed under each and the specifically permitted uses, special uses, dimensional standards and permitted building types included. 2.2 OFFICIAL ZONING MAP [Revises Z-2.2-4] ZONING MAP A. Zoning Districts: The boundaries of each zoning district are shown on a map entitled "City of Wilson Official Zoning Map" which is hereby made a portion of this ordinance. B. Overlay Districts: Certain overlay districts such as the Historic District, Special Flood Hazard Districts, Watershed Protection Districts, etc. are hereby established and incorporated by reference. C. Administration and Maintenance of Zoning Map: The Official Zoning Map shall be maintained in the Wilson Planning and Development Services Department. The Administrator shall separately maintain the digital files that comprise the map. All map amendments will also be contained within these digital files INTERPRETATION OF BOUNDARIES When uncertainty exists with respect to the boundaries or districts as shown on the Official Zoning Map, the following rules shall apply: A. District boundary lines are generally intended to be along or parallel to property lines, lot lines, the center line of street, alleys, railroads, easements, other rights-ofway, and creeks, streams, or other water channels. B. In the absence of specified distances on the map, dimensions or distances shall be determined by the scale of the Official Zoning Map. C. Where the Zoning Map shows a district boundary dividing a lot, each part of the lot shall conform to the standards established by this ordinance for the land development or overlay district in which that part is located. D. When the street or property layout existing on the ground is at variance with that shown on the Official Zoning Map, the Board of Adjustment shall interpret the district boundaries of this ordinance in accordance with Section UNIFIED DEVELOPMENT ORDINANCE Adopted

14 2 DISTRICT STANDARDS 2.3 RURAL AND SUBURBAN DISTRICTS 2.3 RURAL AND SUBURBAN DISTRICTS [Revises Z & Z ] In order to maintain existing auto-oriented commercial and industrial areas, and conventionally-developed residential subdivisions, there are hereby continued several base districts with the designations and general purposes listed under each and the specifically permitted uses, special uses, and dimensional standards included. It is expected that the expansion or enlargement of these districts will be minimal as more than sufficient area currently exists in accordance with the adopted 2030 Comprehensive Plan for such singleuse categories. Each base district has a corresponding Conditional District designation which shall be administered in accordance with Section 2.9. BASE DISTRICT A. Rural/Agricultural District (R/A) Previous District(s): A1 B. Open Space District (OS) Previous District(s): A1 C. Mobile Home District (MHR) Previous District(s): RA-MH, RA-M(S) D. Suburban Residential Low Density (SR4) Previous District(s): RA-15(S), RA-12(S) E. Suburban Residential Medium Density (SR6) Previous District(s): RA-10(S), RA-8 (S) F. Neighborhood Commercial (NC) Previous District(s): O3, O4 DESCRIPTION The Rural/Agricultural District is established as a district in which the principal uses of the land are restricted due to lack of available utilities, unsuitable soil types, steep slopes, or for the protection of prime agricultural lands. The Open Space District is established to preserve and protect environmentally sensitive lands (e.g. floodways, wetlands) and properties that are already under public ownership and/or otherwise restricted for use for passive or active recreational use. This district accommodates manufactured homes in a variety of settings, including mobile home parks, mobile home subdivisions, and a single-lot mobile home district. The Suburban Residential-Low Density District is established to maintain previously developed or approved suburban residential subdivisions and their related recreational, religious and educational facilities at a density of approximately 4 dwelling units per acre. Intended to act as a transitional zoning district between rural development in the county and the urban development of the city, these regulations are further intended to discourage any use which would be detrimental to the predominately residential nature of the areas included within the district. The Suburban Residential-Medium Density District is established to maintain previously developed or approved suburban residential subdivisions and their related recreational, religious and educational facilities at a density of approximately 6 dwelling units per acre. Intended to act as a transitional zoning district between rural development in the county and the urban development of the city, these regulations are further intended to discourage any use which would be detrimental to the predominately residential nature of the areas included within the district. The Neighborhood Commercial District is generally located on thoroughfares and provides opportunities for the provision of offices and neighborhood services that serve as an acceptable transition to generally auto-dependent, suburban neighborhoods. 2-2 CITY OF WILSON, NC

15 DISTRICT STANDARDS 2.3 RURAL AND SUBURBAN DISTRICTS 2 BASE DISTRICT G. General Commercial (GC) Previous District(s): B3, B4/B4(A), B6 H. Highway Commercial (HC) Previous District(s): B4/B4(A), B5 I. Institutional Campus Development (ICD) Previous District(s): O&R1, O&R2 J. Light Industrial (LI) Previous District(s): I-1, I-A K. Heavy Industrial (HI) Previous District(s): I-2 DESCRIPTION The General Commercial District is generally located on thoroughfares and provides opportunities for the provision of offices, services and retail goods in proximity to generally autodependent, suburban neighborhoods. The regulations for this district are intended to accommodate the predominately autooriented pattern of existing development while encouraging the transition to pedestrian-friendly, mixed-use areas that avoid strip commercial development. The Highway Commercial District is generally located on the major thoroughfares in the community and provides opportunities for the provision of offices, services and retail goods. The regulations for this district are intended to accommodate the predominately auto-oriented pattern of existing development until such time that transportation network is retrofitted to accommodate more urban development patterns. This district is intended to allow for the continued and future use, expansion, and new development of academic and religious campuses and of governmental and health facilities, where the campus or facility has a total development size greater than 10 acres. The goal is to promote the many varied uses associated with such institutions while maintaining the overall design integrity of the campus setting and minimizing any adverse impacts on the neighboring residential and historic areas. In the attempt to meet this goal numerous requirements are included, such as but not limited to buffers, landscaping, outdoor lighting, parking, signage, building height, setbacks, open space, and the like. The Light Industrial District is established for activities that can be operated in a relatively clean and quiet manner, and which will not be obnoxious to adjacent residential or business districts. This includes warehousing and wholesaling activities with limited contact with the general public. It is designed to prohibit most heavy industry, which should be properly segregated, and to prohibit any other use which would substantially interfere with the development of industrial establishments in the district. Limited opportunities for retail sales and services are also provided. The Heavy Industrial District is established to accommodate those industrial, manufacturing, or large-scale utility operations that, by their nature, may create some nuisance and which are not properly associated with, nor compatible with, residential, commercial, and service establishments. Retailing of manufactured items may be permitted in certain instances when it is conducted on the same building site as the principal use. UNIFIED DEVELOPMENT ORDINANCE Adopted

16 2 DISTRICT STANDARDS 2.4 URBAN DISTRICTS 2.4 URBAN DISTRICTS [Revises Z & Z ] A number of the key districts for the City of Wilson are ordered and classified according to the Rural-Urban Transect. The transect is a method of classifying the natural and built environments as a continuum of 6 conditions, ranging from rural to urban. The value of the transect is that it classifies development form with the appropriate land use and development context. For example, a rural street typically has no curbs or sidewalks and its buildings are often irregularly spaced. An urban street, depending on the intensity of urbanism, may have curbs and gutters, regularly placed street trees, sidewalks, and building forms that are more regular in form and spacing. These districts are also referred to as form-based districts because each has detailed provisions for the mix of uses, building type and design, density, height, street design, the design of parks and open space, parking, and other aspects of the urban form of the human environment. Each base district has a corresponding conditional district designation which shall be administered in accordance with Section 2.9. The transect zones that guide Wilson s urban form-based districts are as follows: T1 & T2: N atural & Rural Zones The transect begins with two zones that are rural in character: the Natural Zone (or T-1), which is made up of lands protected in perpetuity as natural, recreational or agricultural areas; and the Rural Zone (T-2), which includes areas of high agricultural, scenic, or environmental value that should be protected. T3: Suburban Zone The transition zone between countryside and town is called the Suburban Zone (T-3). The T-3 area consists primarily of single family homes. Although the T-3 area is primarily a residential zone, it may have other development types, such as schools and other civic uses. T 4: General Urban Zone T-4 development is primarily residential, but more urban in character, having a higher density with a mix of housing types and a greater mix of uses, including neighborhood-serving commercial uses. T5: Urban Center Zone At the more urban end of the spectrum is the Urban Center Zone, or T- 5. This can be a small neighborhood center or a larger Village center, the latter serving more than one neighborhood. T 6: Urban Core Zone The Urban Core or Center City (T-6) serves not only adjacent neighborhoods, but the entire city and the region. It is typically the central business district where the greatest mix of uses occurs. 2-4 CITY OF WILSON, NC

17 DISTRICT STANDARDS 2.4 URBAN DISTRICTS 2 BASE DISTRICT DESCRIPTION A. General Residential Medium Density (GR6) (T3) Previous District(s): RA-15. RA-12, RA-8 The General Residential-Medium Density District is established as a predominately residential district in which a primarily single family detached housing is configured on a network of pedestrianfriendly-streets in walking/biking distance from mixed-use centers. B. Urban Residential (UR) (T4a) Previous District(s): RA-6(S), RA-6I, RA-6 The Urban Residential District is established to accommodate a variety of housing types in a neighborhood setting. The regulations of this district are intended to provide areas of the community for those persons desiring urbansized lots and multifamily structures in relatively high density neighborhoods within walking or biking distance from mixed-use centers. C. Residential Mixed-Use (RMX) (T4b) Previous District(s): O&R-1, O&R-2, O3 This district is intended to provide for mixed-use transitional areas immediately adjacent to or in close proximity of mixed-use centers that permit some limited commercial uses and a wide variety of housing types in a pedestrian-scaled, residential-style structures. UNIFIED DEVELOPMENT ORDINANCE Adopted

18 2 DISTRICT STANDARDS 2.4 URBAN DISTRICTS BASE DISTRICT DESCRIPTION D. Neighborhood Mixed-Use (NMX) (T5) Previous District(s): MX-1, B2, B3, B4(A), R-C The Neighborhood Mixed-Use District is established as a pedestrian-scaled, mixed-use district which caters to the everyday needs of nearby neighborhoods, stressing accessibility by automobiles, bicycles, and pedestrians. E. Industrial Mixed-Use (IMX) (T5) Previous District(s): Portions of I-1 near Center City The Industrial Mixed-Use District is established to promote the development of mixed-use environment supported by artists, craftsman and cultural activities in transitional areas previously occupied by industrial development. These areas will accommodate limited commercial and institutional uses, some light industrial uses, and a wide variety of residential uses in order to encourage the redevelopment of existing warehouses and the development of a pedestrian-oriented neighborhood. F. Center City Mixed-Use (CCMX) (T6) Previous District(s): B1 The Center City District accommodates an active, pedestrian-friendly area of community-scale commercial, residential, office, and civic uses in both vertically mixed-use, as well as free-standing buildings. Retail should be placed at street level, with residential uses in rear or upper stories. 2-6 CITY OF WILSON, NC

19 DISTRICT STANDARDS 2.5 DISTRICT DEVELOPMENT STANDARDS DISTRICT DEVELOPMENT STANDARDS The following tables outline the primary development standards for each base zoning district in Wilson. For development on infill lots and additions to existing development, the standards in Section shall also apply. Standard RURAL AND SUBURBAN DISTRICT DEVELOPMENT STANDARDS Rural/ Agricultural (R/A)* Open Space (OS) Mobile Home District (MHR) Suburban Residential Low (SR4) Suburban Residential Medium (SR6) 1. DEVELOPMENT STANDARDS A. District/Development Area (min) n/a n/a n/a n/a n/a B. Development/District Exterior Setback/Buffer n/a n/a n/a n/a n/a C. Density (max) 1 unit/acre OR 3 units/acre* n/a 8 units/acre 4 units/acre 6 units/acre D. Open Space (min) per CH 7 Exempt OR 40%* n/a 5% 10% 10% E. Park Space (min) per CH 7 Exempt n/a 5% 5% 5% F. Building Floor Area (Max) n/a n/a n/a n/a n/a G. Development Floor Area (Max) n/a n/a n/a n/a n/a 2. LOT STANDARDS A. Lot Area (min) 1 acre OR n/a 4,000 sq ft** 6,000 sq ft 4,000 sq ft 8,000 sq ft* B. Lot Width at Front Setback (min) 60 ft n/a 40 ft** 70 ft OR 50 ft*** C. Pervious Surface (min) n/a n/a n/a n/a n/a 3. PRINCIPAL BUILDING A. Principal Front Setback (min) 50 ft OR 70 ft OR 50 ft*** n/a 30 ft** 20 ft 20 ft 25 ft* B. Street Side/Secondary Front 50 ft OR 15 ft OR 15 ft OR n/a 10 ft** Setback (min) 25 ft* 10ft*** 10 ft*** C. Side (from adjacent lot) 20 ft OR 12 ft OR 8 ft OR n/a 10 ft** Setback (min) 10 ft* 6 ft*** 5 ft*** D. Rear Setback (min) 50 ft OR 25 ft* n/a 10 ft** 20 ft 20 ft 4. ACCESSORY STRUCTURE A. Side Setback 5 ft n/a 5 ft** 5 ft 5 ft B. Rear Setback 5 ft n/a 5 ft** 5 ft 5 ft C. Other Standards See Section 4.5 n/a See Section 4.5 See Section 4.5 See Section PARKING CONFIGURATION A. Parking Location (per Section 9.3) Type IV - Unrestricted Type IV - Unrestricted Type IV - Unrestricted Type IV - Unrestricted Type IV - Unrestricted B. Parking in Exterior Setback (ICD, LI, HI) n/a n/a n/a n/a n/a 6. BUILDING HEIGHT A. Principal Building (max) 35 ft 35 ft 35 ft 3 stories 3 stories B. Accessory Structure (max) 35 ft 35 ft 35 ft 2 stories 2 stories C. Additional Height Permitted w/additional Setback n/a n/a n/a n/a n/a * Any development/subdivision in the R/A District which is connected to both public water and sewer shall utilize the alternate dimensional standards for cluster development given in the table. ** In Manufactured/Mobile Home Parks these standards apply to each designated manufactured/mobile home space. *** Lot widths and setbacks may be decreased to the alternate minimums indicated in the table if the lot and building comply with the off-street parking access requirements in Section B.4. UNIFIED DEVELOPMENT ORDINANCE Adopted

20 2 DISTRICT STANDARDS 2.5 DISTRICT DEVELOPMENT STANDARDS Standard Neighborhood Commercial (NC) General Commercial (GC) Highway Commercial (HC) Institutional Campus Development (ICD) Light Industrial (LI) Heavy Industrial (HI) 1. DEVELOPMENT STANDARDS A. District/Development Area (min) n/a n/a n/a 10 acres 20 acres 40 acres B. Development/District Exterior Setback/Buffer n/a n/a n/a 30 ft setback from adjacent R/A, OS, MHR, SR4, SR6 and GR6 Districts. 10 ft setback from all other adjacent properties and adjacent streets. 25 ft setback from adjacent HC and GC Districts. 50 ft setback from all other adjacent properties and adjacent streets.** 75 ft setback from adjacent HC and GC Districts.150 ft setback from all other adjacent properties and adjacent streets.** C. Density (max) n/a n/a n/a n/a n/a n/a D. Open Space (min) per CH 7 n/a n/a n/a 25% n/a n/a E. Park Space (min) per CH 7 n/a n/a n/a n/a n/a n/a F. Building Floor Area (Max) 20,000 sf * 40,000 sf * 80,000 sf * n/a n/a n/a G. Development Floor Area (Max) 40,000 sf * 80,000 sf * 160,000 sf * n/a n/a n/a 2. LOT STANDARDS A. Lot Area (min) 12,000 sf n/a n/a n/a n/a n/a B. Lot Width at Front Setback 100 ft 100 ft 100 ft n/a n/a n/a (min) C. Pervious Surface (min) 24% 24% 24% n/a n/a n/a 3. PRINCIPAL BUILDING A. Principal Front Setback (min) 40 ft 30 ft 30 ft n/a n/a n/a B. Street Side/Secondary Front 30 ft 30 ft 30 ft n/a n/a n/a Setback (min) C. Side (from adjacent lot) Setback (min) 10 ft 10 ft 10 ft n/a n/a n/a D. Rear Setback (min) 30 ft 30 ft 30 ft n/a n/a n/a 4. ACCESSORY STRUCTURE A. Side Setback 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft B. Rear Setback 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft C. Other Standards See Section 4.5 See Section 4.5 See Section 4.5 See Section 4.5 See Section 4.5 See Section PARKING CONFIGURATION A. Parking Location (Section 9.3) Per building type (Parking in first 10 ft of front yard setback not permitted) B. Parking in Exterior Setback/Buffer (ICD, LI, HI) 6. BUILDING HEIGHT A. Principal Building (max) 35 ft or 3 stories (whichever is greater) Per building type (Parking in first 10 ft of front yard setback not permitted) Per building type (Parking in first 20 ft of front yard setback not permitted) n/a n/a n/a 35 ft or 3 stories (whichever is greater) Per building type Not permitted except as part of an approved CD plan Per building type Not permitted Per building type Not permitted 50 ft 50 ft 50 ft 50 ft B. Accessory Structure (max) 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft C. Additional Height Permitted w/additional Setback n/a 1 ft additional height permitted with each 2 ft horizontal setback 1 ft additional height permitted with each 2 ft horizontal setback 1 ft additional height permitted with each 2 ft horizontal setback 1 ft additional height permitted with each 2 ft horizontal setback * May exceed maximum as part of a Conditional District. See Section for provisions related to Conditional District (CD) approval. ** The Development/District Exterior Setback/Buffer shall not apply between adjacent HI and LI districts. A waiver of these requirements may be granted by the Administrator for LI and HI lots existing at the adoption date of this ordinance which do not meet the specified minimum District/Development Area. In such instances the building setback standards for the R/A District shall apply. A waiver of these requirements may also be granted by the Administrator in order to permit access to an adjacent railroad right of way. 1 ft additional height permitted with each 2 ft horizontal setback 2-8 CITY OF WILSON, NC

21 DISTRICT STANDARDS 2.5 DISTRICT DEVELOPMENT STANDARDS URBAN DISTRICT DEVELOPMENT STANDARDS Image by Duany Plater-Zyberk & Company Base Districts GR6 1. BUILDING TYPE (Section 2.5.3) Civic/Institutional Detached House UR RMX Civic/Institutional Detached House Townhouse Apartment Commercial Mixed-Use IMX NMX Civic/Institutional Townhouse Apartment Commercial Mixed-Use * Infill projects less than 2 acres are exempt from this maximum density requirement. ** May exceed building floor area maximum as part of a Conditional District. See Section for provisions related to Conditional District (CD) approval. *** A portion, or portions, of the building may exceed the maximum setback when using the Forecourt or Terrace or Light Court frontage types as outlined in Section CCMX Civic/Institutional Townhouse Apartment Mixed-Use 2. PRIVATE FRONTAGE (Section 2.5.4) A. Common Lawn Permitted Permitted Prohibited Prohibited B. Porch & Fence Permitted Permitted Prohibited Prohibited C. Terrace or Light Court Prohibited Permitted Permitted Permitted D. Forecourt Prohibited Permitted Permitted Permitted E. Stoop Prohibited Permitted Permitted Permitted F. Shopfront/Awning Prohibited Permitted Permitted Permitted G. Gallery Prohibited Prohibited Permitted Permitted H. Arcade Prohibited Prohibited Permitted Permitted 3. DEVELOPMENT STANDARDS A. Max. Density (Units/Acre) 6 dua UR 9 dua* RMX 24 dua* B. Maximum Development Size if not in 120 acres 60 acres n/a n/a TND C. Building Floor Area (Max) n/a 20,000 sf 20,000 sf (NMX)** n/a 4. PRINCIPAL BUILDING A. Principal Front Setback 20 ft min. 6 ft min. 25 ft max.*** n/a 0 ft min. 12 ft max (NMX)*** 5 ft max. (IMX)*** n/a 0 ft min. 6 ft max.*** B. Street Side/Secondary Front Setback 10 ft min. 6 ft min. 0 ft min. 12 ft max.*** 0 ft min. 6 ft max.*** C. Side (from adjacent lot) Setback 5 ft min. 0 ft (5 ft if 0 ft 0 ft detached) D. Rear Setback 20 ft min. 3 ft 0 ft 0 ft E. Frontage Buildout n/a n/a 60% 80% 5. ACCESSORY STRUCTURE A. Side Setback 5 ft min. 0 ft (5 ft if detached) 0 ft (5 ft if detached) n/a B. Rear Setback 5 ft min. 5 ft 5 ft n/a C. Garage Setback from Alley 15 ft from face of garage to centerline of alley D. Other Standards 20 ft min. behind building frontage line Rear Yard Only 6. PARKING CONFIGURATION A. Parking Location By building type - See Section HEIGHT A. Min. Height None None 16 ft 2 stories B. Max. Height 3 stories UR-3 stories RMX-4 stories 4 stories none UNIFIED DEVELOPMENT ORDINANCE Adopted

22 2 DISTRICT STANDARDS 2.5 DISTRICT DEVELOPMENT STANDARDS DESCRIPTION OF BUILDING TYPES A. CIVIC/INSTITUTIONAL BUILDING Civic/Institutional Buildings serve as landmarks and public gathering spaces. The use of this designation is limited to public buildings (e.g., schools, fire stations, and town halls), and semi-public buildings (e.g., hospitals and religious institutions). Civic/Institutional Buildings evoke a sense of prominence and are visually distinct from surrounding development. Typological Variants: Churches Homeowner s Association Buildings Schools Neighborhood Clubs Museums Country Clubs Hospitals Civic Association Buildings Town Hall B. DETACHED HOUSE This building type is flexible in use accommodating primarily residential uses, home occupations, professional offices, and limited retail uses based on the zoning district in which it is located. In general, within a block, building types should be uniform in their use of driveways or alleys.. Typological Variants: Dwelling-Single family Dwelling-Duplex Commercial Conversion Bed and Breakfast C. TOWNHOUSE The Townhouse is a building with two or more residential units that share a common wall. The Townhouse typically has one yard (rear) through variations including a small front setback to provide some landscaping and semi-public space. Typological Variants: Dwelling-Multifamily Live-Work Units D. APARTMENT The Apartment building is a multiple-unit building with dwelling units vertically arranged (generally) and with parking located below or behind the buildings. Units may be for rental or for sale in condominium ownership, or may be designed as continuing care facilities or dormitories. The Apartment Building typically has one yard (rear) though variations include a small front and side setbacks to provide some landscaping. Typological Variants: Dwelling-Multifamily Fraternity/Sorority House Dormitory 2-10 CITY OF WILSON, NC

23 DISTRICT STANDARDS 2.5 DISTRICT DEVELOPMENT STANDARDS 2 E. COMMERCIAL BUILDINGS The Commercial Building accommodates office and retail uses in a structure with a high percentage of its ground level façade in transparent fenestration (windows and doors) to encourage pedestrian activity along its frontage. Commercial Buildings can have several different yard arrangements (front, side or rear) depending on site access, parking needs and district regulations. Typological Variants Neighborhood Commercial, top image Highway Commercial, bottom image F. MIXED-USE BUILDINGS Mixed-use buildings accommodate both commercial and multifamily residential functions within the same building, typically with residential apartments located on floors above retail and/or office space. Mixed-use buildings typically have one yard (rear) though variations include a small front plaza or courtyard to provide public space for outdoor seating as well as buildings with complete lot coverage where parking is handled in a manner other than on-site surface parking. Typological Variants Main Street Buildings Live-Work Units Commercial Conversion Warehouse Loft/Flex-Space Conversion UNIFIED DEVELOPMENT ORDINANCE Adopted

24 2 DISTRICT STANDARDS 2.5 DISTRICT DEVELOPMENT STANDARDS DESCRIPTION OF FRONTAGE TYPES 2-12 CITY OF WILSON, NC

25 DISTRICT STANDARDS 2.6 TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) Traditional Neighborhood District (TND) Previous District(s): PRD-4, PRD-7 The Traditional Neighborhood is established to allow for the development of fully integrated, mixed-use, pedestrian oriented neighborhoods in order to minimize traffic congestion, suburban sprawl, infrastructure costs and environmental degradation. This district is a planned development district in that it is created through the combination of other form-based districts as sub-districts under the umbrella of the TND GENERAL DEVELOPMENT PRINCIPLES Traditional Neighborhoods adhere to the following principles: All neighborhoods have identifiable centers and edges All lots are within walking distance to retail and/or recreation opportunities (a distance not greater than ¼ mile) Uses and housing types are mixed and in close proximity to one another Street networks are interconnected and blocks are small Civic buildings are given prominent sites throughout the neighborhood MASTER PLAN REQUIRED No use or development of any property located in any Traditional Neighborhood Development District (TND) shall be permitted until a Master Plan showing the proposed use and development of the property has been approved by the Planning Board. The Master Plan, in addition to the requirements for a master plan stated in Section , shall provide a map that details the location and area of the subdistricts/transect zones. Following the Master Plan approval, the design of specific land uses and developments within the TND shall observe the requirements of the site plan and subdivision review process, whichever is applicable. The Planning Board, in granting approval for a TND Master Plan shall adopt the following findings of fact: A. The plan is in compliance with the specifications of this ordinance. B. The plan conforms to the adopted plans (as applicable) for the physical development of the city. C. The impacts to adjacent property of higher-intensity, non-residential uses are adequately mitigated. D. The impacts of traffic generated by the TND on the existing road network are mitigated TND DISTRICT PATTERNS AND APPLICABILITY The TND District is a unique zoning category in that its application on the zoning map may either be officially mapped or can be applied as a floating district anywhere where public water and sewer facilities are available and in accordance to the criteria set forth UNIFIED DEVELOPMENT ORDINANCE Adopted

26 2 DISTRICT STANDARDS 2.6 TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) below. To accommodate TNDs as the preferred development pattern, this development alternative is hereby established subject to the requirements below: A. Minimum Development Size (subject to rezoning): 60 acres B. Minimum Development Size (permitted by right): 100 acres C. Maximum Development Size: Projects in excess of 250 acres shall be developed as multiple Traditional Neighborhoods, each individually subject to all such provisions. D. Permitted Location & Densities: TND District shall not be applied in areas zoned LI or HI. In all other districts the following standards for density (dwelling units per acres) shall apply. Maximum Density By Right (dwelling units per acre) SR4 4 6 SR GR All Other Districts (except LI and HI) Not Restricted Maximum Density as a Conditional District Not Restricted E. Land Allocation by Transect Zone: When composing the TND, the form-based districts in Section 2.4 shall be used as sub-districts and so designated on the zoning map within the ranges noted below (ranges are noted in % of gross land area). 1. T 3 (GR6): 10-30% 2. T 4 (UR, RMX): 30-50% 3. T5 (N MX): 10-30% SPECIFIC DEVELOPMENT STANDARDS A. N eighborhood Design: The entire land area of the TND shall be divided into blocks, streets, lots and open space areas. B. Land Use Relationships: Similar land use categories shall generally front across streets. Dissimilar categories shall abut at rear lot lines. Corner lots which front on streets of dissimilar use shall be set back the same as the adjacent use with the lesser setback. C. T erminating Vistas: The long axis of streets exceeding 500 feet in length shall have appropriate termination with either a public monument, specifically designed building façade, park, open space, or a gateway to the ensuing space. D. Open Space: No portion of the TND shall be further than (1/4 mile) from a public recreational open space as defined in Chapter 7, including recreational open space outside of the TND boundaries. Open Space shall be provided in accordance with the requirements of Chapter 7. E. Dimensional Standards and Building Types: The Dimensional Standards and Building Types shall be established in accordance with the neighborhood design, but within 200 feet of all adjacent property boundaries (not across streets) the lot widths and depths and building types shall be generally consistent with the adjacent zoning district(s) of a lower development intensity/density CITY OF WILSON, NC

27 DISTRICT STANDARDS 2.7 USES PERMITTED USES PERMITTED [Revises Z-8.1-3] USE CATEGORIES All uses permitted in this ordinance have been divided into 10 general categories and are generally defined as follows: A. Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than a month s duration. B. Lodging: Premises available for short-term human habitation, including daily and weekly rental. These are measured in terms of lodging units: a lodging unit is a furnished room of a minimum 200 square feet that includes sanitary facilities, and that may include limited kitchen facilities. C. Office/ Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component (less than 50% of the gross square footage) D. Commercial/ E ntertainment: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. E. Civic: Premises available for organizations dedicated to religion, government, arts and culture, recreation and sports, and other similar areas of public assembly. F. E ducational/ Institutional: Uses and premises dedicated to education, social service, health care, and other similar functions. G. Automotive: Uses and premises accessed predominately by or dedicated to the sale, maintenance, servicing and/or storage of automobiles or similar vehicles. H. Manufacturing/ Wholesale/ Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. I. Agricultural: Premises for growing crops, raising animals, harvesting timber, and harvesting fish and other animals from a farm, ranch or their natural habitat and all related functions. J. Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities INTERPRETATION OF USE MATRICES A. Permitted/ Prohibited Uses: Uses not listed as permitted (P); permitted with additional standards (PS); or requiring a special use permit (SUP) are prohibited ( - ) from the applicable zoning district. B. Uses N ot Listed: In the event that a particular use is not listed in the Use Matrix, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Administrator shall determine whether a materially similar use exists in this chapter. Should the Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Administrator s decision shall be recorded in writing. Should the Administrator determine that a materially similar use does not exist, this chapter may be amended to establish a specific listing for the use in question through the text amendment process established in Section C. Materially Similar Uses: The Administrator may determine that a use is materially similar if a permitted use is similarly classified by one or more of the following use classification systems: UNIFIED DEVELOPMENT ORDINANCE Adopted

28 2 DISTRICT STANDARDS 2.7 USES PERMITTED 1. American Planning Association Land-Based Classification Standards (LBCS) 2. North American Industrial Classification System (NAICS) 3. Institute of Transportation Engineers (ITS) Trip Generation Guide USE TABLE SEE ATTACHED SHEET (For detailed Use Definitions see Chapter 17) 2-16 CITY OF WILSON, NC

29 City of Wilson: Unified Development Ordinance Use Table Adopted RURAL SUBURBAN URBAN USE TYPES R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References A. RESIDENTIAL R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Dwelling-Single Family P P P P P P P P Dwelling-Two Family PS P PS PS P Dwelling-Townhome P P P P P P P P P Dwelling-Multifamily PS PS P PS & CD PS PS PS PS PS Dwelling-Accessory PS PS PS PS PS PS PS PS PS PS PS PS PS Halfway Homes SUP SUP SUP Live-Work Units PS PS PS PS PS PS PS P P P Manufactured Housing PS PS Manufactured Home Park SUP Residential Care Facilities (more than 6 residents) P PS PS PS PS PS PS PS PS PS PS Residential/Family Care Home (6 or fewer residents) P P P P P P P P P P PS PS PS B. LODGING R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Bed and Breakfast Homes (up to 8 rooms) P P P P P P P P P Bed and Breakfast Inn (up to 12 rooms) P P P P P P P Boarding or Rooming House PS PS Campground SUP SUP Dormitory P Fraternity/Sorority House PS SUP SUP SUP Hotel/Motel P P P P P P C. OFFICE/SERVICE R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References ATM P P P P P P P P P P Banks, Credit Unions, Financial Services P P P P P P P P P P Business Support Services P P P P P P P P P P Crematoria PS PS PS Dry Cleaning & Laundry Services P P P P P P P P P P Funeral Homes P P P P P P P P P Home Occupation PS PS PS PS P P PS PS PS PS PS PS PS Kennels, Indoor PS PS PS PS PS PS PS PS PS Kennels, Outdoor PS PS PS PS Medical Clinic P P P P SUP P P P P P Permitted by Right PS Permitted with Special Conditions SUP Special Use Permit Required CD Permitted as part of an Approved Conditional District Only ND Permitted in New Development Only

30 City of Wilson: Unified Development Ordinance Use Table Adopted RURAL SUBURBAN URBAN USE TYPES R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Personal Services P P P P P P P P P Personal Services, Restricted P Post Office P P P P P P P P Professional Services P P P P P P P P P P Small Equipment Repair/Rental P P P P P P P Veterinary Clinic PS PS PS PS PS PS PS PS PS PS D. COMMERCIAL/ENTERTAINMENT R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Adult Establishment SUP Alcoholic Beverage Sales Store P P P P Amusements, Indoor P P P P P P Amusements, Outdoor PS PS Billiard/Pool Hall P Bar/Tavern/Night Club SUP SUP SUP General Commercial PS PS PS PS P P Internet Sweepstakes Facilities SUP Outside Sales PS PS PS PS PS PS PS Outside Sales, Sidewalk Sales PS PS PS PS PS Pawnshops PS Racetrack P Restaurant SUP P P P P P P P Riding Stables P P Shooting Range, Indoor PS PS PS PS PS Shooting Range, Outdoor SUP SUP SUP Theater, Indoor Movie or Live Performance P P P P P P Theater, Outdoor PS PS PS PS PS PS E. CIVIC R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Cemetery PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS Civic Meeting Facilities PS PS/ND PS/ND PS/ND PS P P P P SUP/ND SUP/ND PS PS PS PS Conference/Convention Center P P P P P P Cultural or Community Facility PS PS P P P PS PS PS PS PS PS Private Recreation Facilities PS PS PS PS P PS PS PS PS PS Public Recreation Facilities PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS P Permitted by Right PS Permitted with Special Conditions SUP Special Use Permit Required CD Permitted as part of an Approved Conditional District Only ND Permitted in New Development Only

31 City of Wilson: Unified Development Ordinance Use Table Adopted RURAL SUBURBAN URBAN USE TYPES R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Public Safety Station SUP SUP SUP SUP PS PS PS PS PS PS PS PS PS PS PS PS Religious Institution P P PS PS PS P P P P PS PS PS PS PS PS PS Sports Arena/Stadium (4,000 or more seats) SUP SUP SUP SUP SUP F. EDUCATIONAL/INSTITUTIONAL R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Child/Adult Day Care Home (8 or less persons) PS PS PS PS PS PS PS PS PS PS PS PS PS PS Child/Adult Day Care Center (More than 8 persons) PS PS PS PS SUP SUP PS PS PS PS College/University P P P Community Support Facility PS PS PS PS PS PS SUP Correctional Institution SUP SUP SUP Day Treatment Center PS PS PS PS PS PS PS Hospital P P P Schools Elementary & Secondary PS PS PS PS PS PS PS PS PS PS PS PS PS Schools Vocational/Technical P P P P P P P P P P Studio Art, dance, martial arts, music P P P P P P P P P P H. INDUSTRY/WHOLESALE/STORAGE R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Artist Studio/Light Manufacturing Workshops P P P P P P P P Landfills and Junkyards PS Industry, Light P P Industry, Heavy P Materials Recovery & Waste Transfer Facilities PS PS Recycling Collection Stations PS PS Research and Development Facilities P P P P P P G. AUTOMOTIVE R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Drive-Thru/Drive-In Facility PS PS PS PS SUP SUP SUP Heavy Equipment/Manufactured Home Rental/Sales/Repair SUP P P Parking Lot/Structure Principal Use P P P P P P P P SUP Theater, Drive-In PS PS Vehicle Rental/Leasing/Sales PS PS PS PS PS PS Vehicle Services Minor Maintenance/Repair PS P P P SUP PS SUP Vehicle Services Major Repair/Body Work SUP SUP P P P Permitted by Right PS Permitted with Special Conditions SUP Special Use Permit Required CD Permitted as part of an Approved Conditional District Only ND Permitted in New Development Only

32 City of Wilson: Unified Development Ordinance Use Table Adopted RURAL SUBURBAN URBAN USE TYPES R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Storage Outdoor Storage Yard PS PS PS Storage Self-Service PS PS PS PS Storage Warehouse, Indoor Storage P P PS Wholesaling and Distribution P P I. AGRICULTURE R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Animal Production/Possession SUP SUP Backyard Pens/Coops/Beekeeping P PS PS PS PS PS PS PS PS PS PS Crop Production P P P P P Farmer s Markets P P P P P P P P P P P Nurseries & Garden Centers P P P P P P P Gardens (Community and Private) P P P P P P P P P P P P P P P P P J. INFRASTRUCTURE R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Airstrip/Airport P Wireless Communications Facility PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS Utilities Class 1 P P P P P P P P P P P P P P P P P Utilities Class 2 P P P P P P P P P P P P P P P P P Utilities Class 3 P P K. OTHER R/A OS MHR SR4 SR6 NC GC HC ICD LI HI GR6 UR RMX NMX IMX CCMX References Temporary Uses PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS 3.12 P Permitted by Right PS Permitted with Special Conditions SUP Special Use Permit Required CD Permitted as part of an Approved Conditional District Only ND Permitted in New Development Only

33 DISTRICT STANDARDS 2.8 OVERLAY DISTRICTS OVERLAY DISTRICTS For purposes of managing certain environmentally sensitive or visually important geographic areas, certain overlay districts have been established to impose design, use, or other standards in addition to the requirements of the underlying base district OVERLAY DISTRICT DESCRIPTIONS OVERLAY DISTRICT DESCRIPTION A. Historic Overlay (H-O) In order to establish a process in designated historic districts for the review of development applications and the maintenance of historic features in the community, the Historic Overlay District is hereby created. B. Airport Overlay (A-O) Previous District(s): APD This district is established to prohibit land uses that are hazardous to the safe operation of aircraft. C. Required Shopfront (-S) In order to implement vibrant, pedestrian-friendly areas in Form-based Districts, the Required Shopfront Overlay District has been created to ensure that the ground floor of buildings in designated blocks are designed using either Shopfront & Awning, Gallery, or Arcade private frontage. D. Watershed Area III Overlay (WS3-P and WS3-C) E. Watershed Area IV Overlay (WS4-P and WS4-C) F. Flood Hazard Area Overlay (FHA-O & FHCA-O) The Watershed Area III Protection regulations are established as an overlay district to preserve water quality in order to provide safe drinking water. The intent of this district is to establish regulations which ensure the availability of public water supplies at an acceptable level of water quality for present and future residents. The Watershed Area IV Protection regulations are established as an overlay district to preserve water quality in order to provide safe drinking water. The intent of this district is to establish regulations which ensure the availability of public water supplies at an acceptable level of water quality for present and future residents. The Flood Damage Prevention regulations are established as an overlay district to protect public health safety and general welfare in the areas of Wilson that are prone to periodic flooding. Two districts are hereby created: the Flood Hazard Area Overlay (FHA-O) and the Flood Hazard Conservation Area Overlay (FHCA-O). G. Redevelopment Zone (RD-#) This district establishes specific project areas designed to promote the redevelopment of deteriorated neighborhoods or areas within the city HISTORIC OVERLAY (H-O) DISTRICT A. Purpose: The Historic Overlay District (H-O) is a zoning overlay district established pursuant to N.C.G.S. 160A-400 and created with the purpose of implementing a design review process for properties and structures located within locally designated Historic Districts and individual Historic Landmarks in accordance with the City of Wilson s adopted Design Guidelines for Local Historic Districts and Local Landmarks. B. Applicability: All locally designated Historic Districts and Historic Landmarks shall be a part of the Historic Overlay District. UNIFIED DEVELOPMENT ORDINANCE Adopted

34 2 DISTRICT STANDARDS 2.8 OVERLAY DISTRICTS C. Procedures: Designation of Historic Landmarks/Districts Certificates of Appropriateness-Minor Certificates of Appropriateness-Major D. Certificate of Appropriateness (COA) 1. Certificate Required: No exterior feature of any building or other structure in an H-O (including masonry walls, fences, light fixtures, utility structures, steps, pavement, signs, landscape and application of color or other appurtenant features), shall be erected, altered, restored, moved or demolished until after an application for a Certificate of Appropriateness has been submitted to and approved by the Historic Preservation Commission (HPC). A Certificate of Appropriateness is required to be issued by the Commission prior to the issuance of a building permit or other permit granted for the purposes of constructing, altering, moving or demolishing structures and their environs. Any building permit or such other permit not issued in conformity with this section shall be invalid. A Certificate of Appropriateness shall be required whether or not a building or other permit is required. The City of Wilson shall be required to obtain a Certificate of Appropriateness prior to any changes in the character of public facilities, city-provided utilities, or public buildings in the Historic Overlay District. 2. Conditions of Approval: In approving a Certificate of Appropriateness, the Commission may attach reasonable conditions necessary to carry out the purposes of this ordinance. 3. E xterior Features: For purposes of this ordinance, "exterior features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building or other structure, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures, as well as historic signs, significant landscape, archaeological and natural features of the area. Regulation of exterior features shall be limited to the Areas of Visual Concern as described in the City of Wilson Design Guidelines for Local Historic Districts and Local Landmarks. In the case of outdoor advertising signs, "exterior features" shall mean the style, material, size, and location of all such signs. 4. Limitation on Review of Interior Features: Notwithstanding this ordinance, jurisdiction of the Commission over interior spaces shall be limited to specific interior features of architectural, artistic, or historical significant in publiclyowned landmarks, and of privately-owned historic landmarks for which consent for interior review has been given by the owner. If an owner's consent for interior review has been filed in the office of the Wilson County Register of Deeds and indexed according to the name of the owner of the property in the grantee and grantor indexes, such consent shall bind future owners and/or successors in title. The ordinance establishing the historic designation shall specify the interior features to be reviewed and the specific nature of the Commission 's jurisdiction over those features. 5. N ormal Maintenance and Repair/ Certain Changes N ot Prohibited: Nothing in this ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a historic landmark or property located within a district that does not involve a change in 2-18 CITY OF WILSON, NC

35 DISTRICT STANDARDS 2.8 OVERLAY DISTRICTS 2 design or material. Nor shall this ordinance be construed to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any such feature when a building inspector or similar official certifies to the Commission that such action is required for the public safety because of an unsafe or dangerous condition. Nothing herein shall be construed to prevent a property owner from making any use of their property not prohibited by other statutes, ordinances, or regulations. Nothing in this ordinance shall be construed to prevent the maintenance of or, in the event of an emergency, immediate restoration of any existing above-ground utility structure without approval by the Commission. 6. Use of Guidelines: The Commission shall adopt and utilize guidelines not inconsistent with Part 3B Article 19 of Chapter 160A of the N. C. General Statutes for appraising the altering, restoring, moving, or demolition of property designated as historic or located within any local historic district. It is the intention of these guidelines to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the special character of the landmark or historic district. 7. Administrative Approval for Minor Works Allowed: The Administrator may issue a Certificate of Appropriateness for minor works as listed in the Commission 's Review Guidelines, or as otherwise directed by the Commission. Minor works shall include and are defined as those exterior changes that do not involve substantial alterations, additions, or removals that could impair the integrity of the property and/or district as a whole. No application for a minor works Certificate of Appropriateness may be denied without formal action by the Commission. 8. Delay in Demolition of Designated Properties: Any application for a Certificate of Appropriateness authorizing the relocation, demolition, or destruction of a building or structure within a H-O District may not be denied. However, the effective date of such a Certificate of Appropriateness may be delayed for a period of up to 365 days for historic landmarks or 180 days for all other structures from the date of approval of the Certificate of Appropriateness. The City of Wilson shall also have the authority to delay the demolition of state and nationally-designated historic properties not in a H-O District pursuant to the provisions of NC Session Law according to the provisions of this section. The Commission may reduce the period of delay where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period, the Commission may negotiate with the property owner and any other parties in an effort to find a means of preserving the building, structure or site. 9. Properties of Statewide Significance: The Commission may deny an application for a Certificate of Appropriateness authorizing the demolition or destruction of a building, site, or structure determined by the State Historic Preservation Office to have statewide significance, as defined in the criteria of the National Register of Historic Places, unless the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial. 10. Permitted Uses: All uses permitted in the applicable land development district underlying a historic overlay district are permitted in the H-O. E. Demolition by N eglect: Owners of historic properties and structures shall have the responsibility to preserve those properties and structures against decay, UNIFIED DEVELOPMENT ORDINANCE Adopted

36 2 DISTRICT STANDARDS 2.8 OVERLAY DISTRICTS deterioration, and structural defects and to correct conditions that would compromise their long-term integrity. The failure to properly maintain any designated historic landmark or property located within a district, whether intentionally or not, such that it falls into disrepair and is no longer habitable shall constitute a demolition by neglect of such property or structure and shall be a violation of this ordinance. The City of Wilson may take appropriate actions to prevent and/or cure a demolition by neglect violation according to the provisions outlined in Chapter 16 of this ordinance AIRPORT OVERLAY (A-O) [Revises Z ] A. Purpose: The Airport Overlay district is established for the purpose of regulating height and land uses which may be hazardous to the safe operation of aircraft. As an overlay district, the Airport Overlay District regulations further restrict development in any underlying district. B. Required N otification: Any person who proposes construction or alteration in the vicinity of Wilson Industrial Air Center shall notify the regional director of the Federal Aviation Administration or the appropriate airports district office of any construction or alteration of greater height than an imaginary surface extending outward and upward at the following slope: 100 feet out to 1 foot up for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of Wilson Industrial Air Center. C. General Provisions: The following limitations shall apply to all uses within the Airport Overlay Districts: 1. No use or activity shall take place within this district in such a manner as to create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility, or otherwise create a hazard which may in any way endanger the landing, take-off, or maneuvering of aircraft using the airport. 2. No glare-producing materials shall be used on the exterior of any building or structure located within the district. 3. The requirements of this section shall not be construed to require a property owner to remove, lower, or make other changes or alterations of any structure that legally existed prior to the effective date of this ordinance. However, such structure shall be considered nonconforming if such structure is in conflict with these regulations. 4. Pulsating, flashing, oscillating, or other types of attention-getting devices are prohibited. Lighting devices such as floodlights and spotlights shall be so arranged or shielded as not to cast illumination in an upward direction above an imaginary line extended from a light source parallel to the ground. D. Runway Zones: There are hereby created and established certain zones within the Airport Overlay District which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Wilson Industrial Air Center. The Airport Obstructions Map as developed by is hereby adopted, and the various zones are hereby established and displayed on this map. The zones are defined as follows: 1. Utility Runway Visual Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. This approach zone expands outward uniformly to a width of 1,250 feet at a 2-20 CITY OF WILSON, NC

37 DISTRICT STANDARDS 2.8 OVERLAY DISTRICTS 2 horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 2. Runway Larger than Utility with a Visibility Minimum Greater Than ¾ Mile N on-precision Instrument Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 3. T ransitional Zones: The transitional zones are the areas beneath the transitional surfaces. 4. H orizontal Zone: The horizontal zone is established by swinging arcs 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others from the centerline of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. 5. Conical Zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. E. Height Limitations: Except as otherwise provided in this ordinance, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this ordinance to a height in excess of the applicable height herein established for such zone. A property located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The height limitations for each of the zones in the Airport Overlay District are as follows: 1. Utility Runway Visual Approach Zone: Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. 2. Runway Larger than Utility with a Visibility Minimum Greater Than ¾ Mile N on-precision Instrument Approach Zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. 3. T ransitional Zones: Slopes 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is feet above mean sea level. 4. H orizontal Zone: Established at 150 feet above the airport elevation or at a height of feet above mean sea level. 5. Conical Zone: Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. UNIFIED DEVELOPMENT ORDINANCE Adopted

38 2 DISTRICT STANDARDS 2.8 OVERLAY DISTRICTS F. Special Requirements: Any use that generates a hazard, as listed in the table below, is subject to the following requirements: Hazards Generated Dirt, dust, fly ash, and particulate matter Glare and heat Noise Odor Radio and electronic emissions Toxic gases Radiation Applicable Requirements and/or Standards Environmental Protection Agency (EPA) emission levels. Federal Aviation and Administration (FAA) visual hazards. Activities shall be within an enclosure and shall be imperceptible beyond the property without instruments. EPA decibel levels. Occupational Health and Safety Administration standards. EPA standards. Federal Communications Commission (FCC) license or authority for operation. FCC and FAA requirements apply to use. EPA emission levels. Federal Radiation Council standards. G. Prohibited Uses: The following uses are prohibited in the Airport Overlay Districts: 1. Any residential development in excess of 7 units per acre 2. Bed and Breakfast Home (Up to 8 Rooms) 3. Bed and Breakfast Inn (Up to 12 Rooms) 4. Boarding or Rooming House 5. Child/Adult Day Care Home (8 or less persons) 6. Child/Adult Day Care Center (More than 8 persons) 7. Circus or Carnival 8. Civic Meeting Facility 9. College/University 10. Cultural or Community Facility 11. Dormitory 12. Fraternity/Sorority House 13. Funeral Homes/Crematoria 14. Halfway Home 15. Hospital 16. Hotel/Motel 17. Industry, Heavy 18. Medical Clinic 19. Private Recreation Facilities 20. Public Recreation Facilities 21. Religious Institution (except that existing Religious Institutions may renovate and expand within this district, but not within or into the runway approach zones defined in Sections D.1 and D.2) 22. Residential Care Facilities (more than 6 residents) 23. Restaurant 24. Residential/Family Care Home (6 or fewer residents) 2-22 CITY OF WILSON, NC

39 DISTRICT STANDARDS 2.8 OVERLAY DISTRICTS Schools Elementary & Secondary 26. Schools Vocational/Technical 27. Shooting Range, Outdoor 28. Sports Arena/Stadium (4,000 or more seats) 29. Theater, Drive-In 30. Theater, Indoor Movie or Live Performance 31. Theater, Outdoor H. Additional Restrictions in FAA-Recommended Runway Protection Zones 1. Runway Protection Zones are established as a part of the Airport Overlay District to protect the areas around runways and their neighbors in accordance with FAA recommendations from the September 1999 report entitled Land Use Compatibility and Airports: A Guide for Effective Land Use Planning. Runway Protection Zones are identified on the City of Wilson Zoning Map. 2. In addition to the use restrictions given in D above, all residential dwelling units are prohibited within the FAA-recommended runway protection zones, inner safety zones and sideline safety zones as identified on the City of Wilson Zoning Map and in the map below. 3. For guidance on existing uses that are nonconforming under the regulations of this ordinance see Chapter 13. UNIFIED DEVELOPMENT ORDINANCE Adopted

40 2 DISTRICT STANDARDS 2.8 OVERLAY DISTRICTS REQUIRED SHOPFRONT (-S) A. If a block face is designated on the Zoning Map as Required Shopfront, then all new development along that designated street frontage must provide one of the following Private Frontages (per Section 5.3) at sidewalk level along the entire length of the frontage: 1. Shopfront & Awning, 2. Gallery, or 3. Arcade. B. While retail/restaurant uses are not required uses, the intent of this requirement is to provide a building frontage that would not preclude those uses at some point in the future through the depth of the first and second layer WATERSHED PROTECTION OVERLAYS (STATE-DESIGNATED WATERSHED AREA III AND AREA IV) Development standards for the following state-designated watershed protection areas are outlined in Section 12.8: A. Watershed Area III: Toisnot Reservoir/Swamp and Lake Wilson Critical and Protected Areas (WS3-C and WS3-P Districts) B. Watershed Area IV: Wiggins Lake and Contentnea Creek Critical and Protected Areas (WS4-C and WS4-P Districts) FLOOD HAZARD AREA OVERLAYS (FHA-O AND FHCA-O) Development standards for the Flood Hazard Area (FHA-O) and Flood Hazard Conservation Area (FHCA-O) Overlay Districts are outlined in Section REDEVELOPMENT ZONE OVERLAY (RD-#) [Revises 8.36] A. Purpose: To assure that within a designated redevelopment project area, all development conforms to the policies and objectives contained within an adopted redevelopment plan. As an overlay district, the Redevelopment Zone imposes design and use standards in addition to the requirements of the underlying base district. It is the purpose of this ordinance to promote the public health, safety, morals and general welfare and to protect public and private investment in the redevelopment of deteriorated neighborhoods by setting forth provisions designed to: 1. Restrict uses which conflict with the provisions of an adopted redevelopment plan. 2. Assure that adequate public facilities, such as streets, water lines, utilities, fire protection and recreation space and facilities are available to support the level of development proposed in the redevelopment plan. B. Redevelopment Plan: This section is intended to permit only that development within the redevelopment project area which is appropriate in light of the goals and objectives contained in an adopted redevelopment plan, and which presents an acceptable social and economic use of land in relation to the objectives of neighborhood revitalization. The objectives of adopted redevelopment plans are: 1. To eliminate those factors contributing to blight, through the revitalization of deteriorating neighborhoods; 2-24 CITY OF WILSON, NC

41 DISTRICT STANDARDS 2.9 CONDITIONAL DISTRICTS (CD) 2 2. To assure the provision of adequate services for existing and future development; 3. To promote the efficient utilization of federal, state and local resources in the rehabilitation process; 4. To help ensure the maintenance of a stable tax base by providing for the sound use and development of redevelopment project areas in such a manner so as to minimize future deterioration and blight; and 5. To prevent speculative ventures for private gain in contravention to the public purposes of a redevelopment project by, for example, substantially varying from the proposed land uses contemplated under the redevelopment plan, overburdening or interfering with existing or proposed public facilities, or otherwise detrimentally affecting the public purposes of the redevelopment plan. C. Designation of Redevelopment Zone: Redevelopment zones may be established, amended, or abolished by City Council action upon the adoption of a corresponding redevelopment plan and the recommendations of the Planning Board. Such zones shall be shown on the official zoning map and referred to by the letters RD (redevelopment) followed by a suffix number identifying the specific redevelopment area. D. Permitted Uses: Any use permitted by the underlying district regulations shall be permitted in these zones only upon meeting the additional conditions and requirements as prescribed in the corresponding redevelopment plan. Depending on the character of the redevelopment project area and the goals and objectives of the redevelopment plan, certain uses shall be allowed by right, as established by the City Council in the approved redevelopment plan. Any use not permitted by the underlying district regulations shall not be permitted within the redevelopment project area. 2.9 CONDITIONAL DISTRICTS (CD) Conditional Districts are districts with conditions voluntarily added by the applicant and approved in a legislative procedure by the City Council in accordance with G.S. 160A-382. Conditional Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by-right development. Because Conditional District developments are constructed in a comprehensive manner, they establish their own building, street, block, and lot pattern which may be unique from other surrounding blocks or neighborhoods. This Conditional District may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure STANDARDS FOR CONDITIONAL DISTRICTS Within a Conditional District (CD), petitioners may place additional requirements or standards onto themselves and their property or ask that certain uses identified in the specific zoning category or provisions in Chapters 2-12 be decreased. It shall be the City Council s final decision to grant approval or denial of the CD zoning amendment in light of the revised development standards presented in accordance with the procedures of Section If no specific request is made by the petitioner to the change in the development standards or if the petition is silent on the point, it shall be understood that the underlying zoning district guidelines and standards shall apply. In addition the modification of specific district provisions (except use), the various provisions detailed in Chapters 2-12 may be varied if specifically requested by the petitioner as part of a Conditional District application: UNIFIED DEVELOPMENT ORDINANCE Adopted

42 2 DISTRICT STANDARDS 2.9 CONDITIONAL DISTRICTS (CD) CH Title Exception to modifications: 2 District Provisions Uses permitted may not be added unless the use proposed is not currently defined or contemplated by the Code. Permitted uses may be removed from the petition. 3 Supplemental Use Standards 4 General Provisions for All Districts 5 Development Types & Design Standards 6 Infrastructure Standards 7 Parks & Open Space May substitute required open space for payment-in-lieu. Amount required may not be reduced. 8 Tree Protection, Landscaping & Screening No further modifications permitted. See Alternate Methods of Compliance. 9 Parking 10 Lighting 11 Signs No further modifications permitted. See Alternate Methods of Compliance. 12 Stormwater No further modifications permitted. See Alternate Methods of Compliance CITY OF WILSON, NC

43 SUPPLEMENTAL USE STANDARDS 3.1 APPLICABILITY 3 3 SUPPLEMENTAL AND TEMPORARY USE STANDARDS [Revises Z-8.2.B] 3.1 APPLICABILITY There are certain uses that exist which may be constructed, continued, and/or expanded provided they mitigate impacts of their design and operation. Such conditions ensure compatibility so that different uses may be located in proximity to one another without adverse effects to either. When uses are listed in the Use Matrices in Chapter 2 as Uses Permitted with Additional Standards (PS) or uses requiring Special Use Permits (SUP) they shall comply with the additional criteria set forth in this chapter for that use in addition to other applicable criteria contained in this ordinance USES PERMITTED WITH ADDITIONAL STANDARDS (PS) A. Permitted uses with special requirements are uses permitted by right, provided that the specific standards set forth in this article are met. B. The specified standards are intended to insure that these uses fit the vision of the zoning districts in which they are permitted, and that these uses are compatible with other development permitted within the districts. C. Approval procedures for uses permitted with additional standards are found in Section Certificates of Unified Development Ordinance Compliance SPECIAL USE PERMIT APPLICATIONS (SUP) A. Special Uses are uses which are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and/or the city as a whole, require individual consideration in their location, design, configuration, and/or operation at the particular location proposed. B. All Special Uses shall at a minimum meet the standards for the zoning district in which they are located and the specific standards set forth in this article for that use. C. Individual consideration of the use may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety and welfare. D. Approval procedures for Special Use Permits are found in Section WAIVER OF SEPARATION REQUIREMENTS A. Purpose: Separation requirements are included in this chapter for certain uses which, by their nature, tend to have a detrimental blighting effect upon surrounding properties when they are permitted to cluster in groups of more than one such use, OR when they are located too near to an adjacent property. B. Waiver or Reduction of Separation Requirements: Locations which do not meet the separation requirements listed in this chapter, but are separated from the stipulated uses by an intervening manmade or natural barrier such that any potential adverse impacts are effectively negated, may request a waiver or reduction of the separation requirements. Examples of an intervening manmade or natural feature include, but are not limited to: 1. Floodplains and floodways; 2. Lakes, rivers, drainageways, or other water features; UNIFIED DEVELOPMENT ORDINANCE Adopted

44 3 SUPPLEMENTAL USE STANDARDS 3.2 SUPPLEMENTAL USE STANDARDS RESIDENTIAL 3. Densely-wooded undevelopable areas; 4. Restricted access freeways; 5. Railroad yards and viaducts; 6. Airports; and 7. Other natural features or land uses requiring exceptionally large areas such that the uses in question will not have a detrimental clustering effect. C. Requests for Waiver or Reduction of Separation Requirements 1. For Uses that are Permitted with Additional Standards (PS): A waiver or reduction of the applicable separation requirements of this chapter shall require a Special Use Permit according to the process outlined in Section The Planning and Design Review Board shall consider the request for a waiver or reduction of the applicable separation requirements in accordance with B above, taking into account the characteristics of the particular use in question. 2. For Uses that require a Special Use Permit (SUP): The Planning and Design Review Board shall consider the request for a waiver or reduction of the applicable separation requirements of this chapter in accordance with B above as part of the Special Use Permit hearing, taking into account the characteristics of the particular use in question CONFLICT WITH OTHER REGULATIONS A. If there is a conflict between the standards set forth in this chapter and any other requirements of this ordinance, the most restrictive standard shall control except as set forth below. B. The zoning district in which a particular use is permitted is controlled by the use listings found for the individual districts. In the event of any inconsistency between this article and the use listings for the districts, the use listings found in Chapter 2 shall control. 3.2 SUPPLEMENTAL USE STANDARDS RESIDENTIAL DWELLING TWO FAMILY [SR6, GR6, UR] A. Building Location: Two Family Dwellings shall be limited to one per block face. B. Building Type: Two-Family Dwellings (duplexes) shall be restricted to the Detached House building type as described in Section A maximum of 2 units is permitted in a Detached House. C. E xterior Appearance 1. Two Family Dwelling shall be designed such that a maximum of 2 main entrances are on the fronting façade. Additional building entrances may be provided on the side and rear of the building. 2. Two Family Dwellings on corner lots must be designed such that a building entrance is on each façade fronting a street 3-2 CITY OF WILSON, NC

45 SUPPLEMENTAL USE STANDARDS 3.2 SUPPLEMENTAL USE STANDARDS RESIDENTIAL DWELLING MULTIFAMILY [GC, HC, GR6, UR, RMX, NMX, IMX, CCMX] A. GC, HC and CCMX Districts: Multi-Family uses shall be limited to the second and higher floors in vertical mixed-use buildings only. B. GR6 District: Multifamily uses in this district shall be allowed as part of an approved Conditional District only and must comply with the following requirements. 1. Building Location: Buildings with multifamily uses shall be limited to one per block face. 2. Building Type: Buildings shall be limited to detached house building types, with a maximum of 4 units on a single lot. C. UR, RMX, NMX and IMX Districts: Multifamily uses in these districts shall be subject to discretionary design review in accordance with Chapter DWELLING ACCESSORY [R/A, MHR, SR4, SR6, GC, HC, ICD, GR6, UR, RMX, NMX, IMX, CCMX] [Z-8.2.B.01.10] A. N umber of Accessory Dwellings Allowed 1. R/ A District: If the lot exceeds 2 acres, 2 accessory dwelling units are permitted per lot; otherwise only 1 accessory dwelling unit is permitted per lot. 2. Other Districts: Only one accessory dwelling is permitted per lot. B. Placement on the L ot: A detached accessory dwelling shall be sited to the rear of the principal building. If the lot exceeds 2 acres in size, the accessory dwelling may be sited to the side of the principal building. C. Compatibility 1. The accessory dwelling shall meet all applicable design standards for the zoning district in which it is located in accordance with Chapter The accessory dwelling shall be clearly subordinate (size, etc.) to the main structure. The maximum size shall be 50% of the heated living area of the principal dwelling. 3. The exterior of the accessory dwelling shall be similar to the primary residence in material selection, color and roof alignment and pitch. D. Manufactured Housing, Campers, Recreational Vehicles, E tc. Prohibited For Use: Manufactured housing, campers, travel trailers and recreational vehicles are not permitted for use as an accessory dwelling, except as a temporary use when a primary dwelling unit on the same lot is under construction or rehabilitation (see Section E). E. Outside E ntrance: If located within the principal dwelling, the accessory dwelling unit may have a private outside entrance, but such an entrance shall be located along the side or rear of the principal dwelling. F. Accessory Dwelling Unit Features: The unit must contain complete kitchen facilities, including a stove or cook top, and a full bath, including lavatory, water closet, and tub or shower (or combination). The unit must meet the habitability requirements of the City of Wilson Minimum Housing Code and the State of North Carolina Building Code. UNIFIED DEVELOPMENT ORDINANCE Adopted

46 3 SUPPLEMENTAL USE STANDARDS 3.2 SUPPLEMENTAL USE STANDARDS RESIDENTIAL G. Parking: One off-street parking space, which meets the Vehicle Parking Standards in Section 9.5, shall be provided in addition to those required for the principal dwelling HALFWAY HOMES [GC, ICD, NMX] A. Separation Requirement: No such use may be located within 2,640 feet (or ½ mile) of a Family Care Home, Residential Care Facility, Boarding or Rooming House or another such use measured as a straight line on a map. B. Maximum N umber of Residents: Halfway Homes shall accommodate a maximum of 6 residents per use and a maximum of 1 resident per bedroom LIVE-WORK UNITS [NC, GC, HC, ICD, GR6, UR, RMX] Construction shall meet requirements of the North Carolina Building Code, and the following: A. Non-residential use areas shall meet accessibility requirements of the North Carolina Accessibility Code (including site access and parking). B. The maximum total size of a Live-Work unit is 3,000 square feet and 3 stories in height. C. The non-residential area function shall be limited to the first or main floor only. D. A maximum of 5 non-residential workers or employees are allowed to occupy the non-residential area at any one time. E. The work area shall occupy 50% or less of the total unit. F. The same tenant shall occupy the work area and living area. G. No equipment or process shall be used in connection with the non-residential function which creates noise, vibration, glare, fumes, fire hazard, odors, dust or electrical or communication interference detectable to the normal senses outside the unit. No equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises MANUFACTURED HOMES [R/A, MHR] [Revises Section Z-8.2.B and Z-8.4] A. Standards for All Manufactured Homes 1. Each manufactured home shall be set up in accordance with the requirements of the current edition of the North Carolina Regulations for Manufactured Homes. 2. All wheels, axles, hitches, lights, and other mechanisms designed for transporting the manufactured home must be removed. 3. Skirting for manufactured homes shall be installed within 60 days after any manufactured home is placed on a space or lot and shall be properly maintained. 4. All manufactured homes, except those located in an approved manufactured home park, shall have a permanent foundation. Such foundation shall consist of a continuous brick or masonry curtain wall combined with masonry piers, shall remain un-pierced except for required ventilation and access, shall be installed under the perimeter of the manufactured home, and shall conform to the home s exterior dimensions. 3-4 CITY OF WILSON, NC

47 SUPPLEMENTAL USE STANDARDS 3.2 SUPPLEMENTAL USE STANDARDS RESIDENTIAL 3 5. Manufactured homes shall be permanently connected to local utilities or be served with an approved septic tank or well. 6. Each manufactured home stand and space/lot shall be graded to provide adequate storm drainage away from the structure. 7. Each manufactured home space or lot shall have a permanent address, approved by the Administrator, that is clearly visible from the street running in front of the home. B. Standards for Manufactured Homes in the R/ A District: Only double-wide manufactured homes shall be permitted in the R/A district. C. Standards for Manufactured Home Parks 1. No manufactured home park shall be approved for a site less than 5 contiguous acres under single ownership or control. 2. The manufactured home park shall be screened from all adjacent property with a Type C Buffer Yard (see Section C). 3. The operator/manager of a manufactured home park shall designate and enforce a uniform type of underpinning of all manufactured homes in the community. 4. All streets within a manufactured home park shall comply with the standards set forth in Chapter No storage of unoccupied and/or damaged manufactured homes is permitted. 6. A permanent park identification sign displaying the name of the park, and a permanent park directory sign displaying the address for and direction to each manufactured home in the park shall be erected at each entrance to the park. The required entrance and directory signs may be combined on one sign. 7. Civic and open space shall be provided in accordance with Chapter 7. D. Age Limit and Amortization: Manufactured homes built prior to June 15, 1976 shall not be permitted. Existing manufactured homes built prior to June 15, 1976 which were located in a Manufactured Home Park as of September 15, 2005 may remain, but, if removed, such manufactured homes shall be replaced with those built after June 15, 1976 and that meet or exceed the construction standards in effect at the time of construction as promulgated by the U.S. Department of Housing and Urban Development and authorized in the National Manufactured Housing Construction and Safety Act of RESIDENTIAL CARE FACILITIES (MORE THAN 6 RESIDENTS) [NC, GC, HC, ICD, GR6, UR, RMX, NMX, IMX, CCMX] A. Buffering: Residential care facilities must be buffered from adjacent residentially zoned property with a Type A buffer in accordance with Section B. L icensing: Prior to the submission of an application for a Certificate of Zoning Compliance, an owner/operator of a residential care facility shall have received a license from the State of North Carolina for such a facility. C. N umber of Units: Unless located and having access on a collector or higher order street, no residential care facility shall contain more than 16 units. D. Maximum Density: The maximum gross density for residential care facilities shall not exceed the number of units per acre requirement for the district in which the UNIFIED DEVELOPMENT ORDINANCE Adopted

48 3 SUPPLEMENTAL USE STANDARDS 3.3 SUPPLEMENTAL USE STANDARDS - LODGING development is located. Each dwelling in a duplex, townhouse, garden apartment, apartment building, and every 4 beds in a residential personal care unit and each 6 beds in a skilled care nursing facility shall constitute 1 dwelling unit for the purposes of calculating the density. E. Development Standards: To the extent practical, the facility shall provide access connectivity (vehicular and pedestrian) to adjacent neighborhoods. F. Separation Requirement: Residential care facilities shall be located at least 1,000 feet away from any other residential care facilities, fraternity/sorority houses, and/or boarding or rooming houses. G. Accessory Uses: The following accessory uses are permitted: congregate dining facilities, recreational and social facilities, health care facilities and similar service, gift shops, snack shops, banks and barber/beauty shops for residents RESIDENTIAL / FAMILY CARE HOME (6 OR FEWER RESIDENTS) [NMX, IMX, CCMX] Pursuant to NCGS , no Residential Care Home shall be closer than 2,640 feet (or ½ mile) to another such use. 3.3 SUPPLEMENTAL USE STANDARDS - LODGING BOARDING OR ROOMING HOUSE [ICD, UR] [Z-8.2.B.14.10] A. Separation Requirement: Except for such uses existing and properly registered on June 5, 2001, all boarding or rooming houses shall be located a minimum of 1,000 feet from any Family Care Home, Residential Care Facility, Fraternity or Sorority House, Halfway Home and other Boarding or Rooming House B. Development Standards 1. A Type B Buffer is required along the side and rear property lines. 2. Parking areas shall not be permitted within the front yard. 3. All of the lot area which is not used for parking, sidewalks, buildings, utility structures or site access must be landscaped and maintained. C. Building Criteria 1. For a structure originally built and used as a hotel, and operating as a properlyregistered boarding or rooming house on June 5, 2001 there is a maximum of 1 resident per room (the term "residents," as used herein, shall always include the resident manager and manager's family). For all other boarding or rooming houses the maximum number of residents is The minimum size of any sleeping room shall be 200 square feet per resident. 3. One full bath consisting of tub or shower, toilet and sink shall be provided for each 4 residents. Bathrooms may be provided as private bathrooms that serve individual sleeping rooms or as common bathrooms, provided that residents have access to bathrooms at the rate of 1 full bath per 4 residents without having to go through a sleeping room other than their own. 4. Full kitchen facilities, consisting of a 4-burner stove, oven, sink, refrigerator, food preparation area, and storage areas shall be provided and accessible to all tenants. 3-6 CITY OF WILSON, NC

49 SUPPLEMENTAL USE STANDARDS 3.3 SUPPLEMENTAL USE STANDARDS - LODGING 3 5. An approved centralized heating system or permanently installed heating unit in each room used for living or sleeping purposes shall be provided. The system or separate units shall be in compliance with all appropriate codes and shall be properly sized, located, installed, vented and maintained so as to heat rooms to at least 68 degrees at a level of 3 feet off the floor. Kerosene or wood heaters are not permitted to heat individual rooms. 6. The name, location in the house, hours of availability and telephone number of the manager shall be clearly and appropriately posted on a standard sign mounted in the entryway or near the main entrance inside the building. 7. Signs shall not be painted or displayed on any exterior wall. All signs shall meet the requirements of Chapter 11. D. Administrative Criteria 1. The owners of all boarding or rooming houses shall register their boarding or rooming houses with the city on forms provided by the Administrator. Such registration shall include among other items the name of the designated manager/operator and contact information with available hours of contact, as well as the owner's name and contact information. The owner shall also ensure that the most current owner and manager's name, address, telephone number, and available hours of contact are provided on the registration forms whenever there is a change in ownership or manager. Failure to properly and correctly register a boarding or rooming house subjects the owner to a late registration fee as set forth in the city's fee schedule. 2. The owner shall serve as a full-time manager or otherwise designate a full-time manager, either of which shall permanently reside on the premises. 3. The designated manager shall ensure that the overall operation is in compliance with the city codes on a daily basis and shall be responsible for responding to notices from the city, scheduling inspections, allowing access for such inspections and, along with the owner, ensuring code violations are addressed. For purposes of code enforcement, notice to the designated manager shall be deemed to be notice to the owner. 4. Inspections for the determination of compliance with city ordinances shall be conducted on an annual basis by the minimum housing inspector, along with the fire prevention officer, building inspector, code compliance office and/or other city official as needed and determined by the minimum housing inspector. Unannounced inspections are permitted, as determined by the minimum housing inspector or other compliance officer, but the regular annual inspection shall be announced and scheduled with the owner or designated manager. Inspections may include research of any and all police calls made regarding the use. Inspection and re-inspection fees shall be set forth in the city's fee schedule. 5. If at any time after a Special Use Permit has been issued for the boarding or rooming house, the Planning and Design Review Board finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a Special Use Permit, the permit shall immediately be terminated and the operation of such a use discontinued. Any such finding shall be made in an open meeting of the Board in full compliance with the review process described in Section UNIFIED DEVELOPMENT ORDINANCE Adopted

50 3 SUPPLEMENTAL USE STANDARDS 3.3 SUPPLEMENTAL USE STANDARDS - LODGING CAMPGROUND [R/A, OS] A. Campground Use: Campgrounds are limited to temporary occupancy by trailers, tents and RVs used by campers, vacationers, tourists, visitors or the traveling public. Auxiliary uses, including retail store for guests, laundry, recreational facilities, snack shop, office and security watchmen structure are also permitted. One mobile home may be allowed within the trailer park to be used as an office and/or residence of persons responsible for the operation and maintenance of the campground. B. Access: No campsite shall be located so as to allow direct vehicular access to a public road. A 20-foot wide safe, convenient private drive shall be provided to each camp site, except in the case of one-way drives which shall not be less than 12 feet in width. Such drive shall be maintained at all times the campground is open to provide a smooth, all weather, well-drained surface, free of objectionable dust. Culde-sacs shall not exceed 1,000 feet in length and shall have an improved turnaround radius of 65 feet. C. Registration of Occupants and Guests: Every owner or manager of a campground shall maintain a register containing a record of all campsite or travel trailers occupants (guests). Such register shall be made available for inspection by law enforcement officials. Such register shall contain: 1. Names and permanent addresses of all campsite or trailer occupants (guests). 2. Make and license number of the trailer. 3. Dates of arrival and departure of trailer or occupants of a campsite. D. Dimensional Standards Minimum Size Minimum Open Space 1 Minimum Street Frontage Maximum Density Minimum Campsite Size Minimum Campsite Setback Minimum Separation between Trailers or Tents Maximum Primitive Campsites 2 Minimum Water Facilities Minimum Sewer Hook Ups Minimum Garbage Containers Minimum Service Buildings 3 20 acres 40% of total property 350 feet 15 campsites/acre 900 square feet/trailer; 500 square feet/tent 50 feet from property lines 20 feet 25% of the total number of tent campsites 1 per 15 campsites 1 per 15 trailer campsites 1 per 15 campsites 1 per 15 campsites without individual hook-ups. At least 1 per Campground use. 1 Open space areas shall be maintained in a natural state, including trees and open grassed areas. Site amenities, including streams, ponds, other natural areas and open play areas are encouraged and may be included in the required percentage. Outdoor play facilities may also be counted in required percentage. 2 Primitive tent campsites are those campsites without electrical, water or sewer hook-ups 3 Service buildings must include lighted public restrooms and shower facilities. Such buildings shall be located no more than 350 feet to any primitive tent campsite. Such service buildings shall be maintained in a clean and sanitary condition and in good repair at all times FRATERNITY/SORORITY HOUSE [ICD, GR6, UR, RMX] [Z-8.2.B.33.10] A. UR and RMX Districts: The minimum lot size in UR and RMX Districts shall be 10,000 square feet. 3-8 CITY OF WILSON, NC

51 SUPPLEMENTAL USE STANDARDS 3.4 SUPPLEMENTAL USE STANDARDS OFFICE/SERVICE 3 B. Space per Resident: There shall be a minimum of 250 square feet of usable building space per resident. C. Buffering: Where a fraternity/sorority house adjoins a Single Family or Two Family dwelling, a Type A Buffer is required along all shared property lines. D. Parking: For the purposes of the Chapter 9 parking regulations, fraternity/sorority houses shall be considered apartments 3.4 SUPPLEMENTAL USE STANDARDS OFFICE/SERVICE CREMATORIA [R/A, LI, HI] [Z-8.2.B.22.80] A. General Standards 1. The use shall comply with all applicable public health and environmental laws and rules, and the use shall obtain and maintain all applicable licenses and permits. 2. Prior to the operation of the use, the owner/operator shall submit to the Administrator a certification by the North Carolina Division of Air Quality of the Department of Environmental and Natural Resources that either all air quality regulations have been complied with or that no permits are required. 3. This use is prohibited within a Special Flood Hazard Area (SFHA). B. Separation Requirement for R/ A District Only: All structures housing such uses shall be located at least 500 feet from any property line adjoining a lot or parcel under different ownership from the property on which the crematorium is located HOME OCCUPATION [R/A, MHR, SR4, SR6, ICD, GR6, UR, RMX, NMX, IMX, CCMX] [Z-8.2.B.43.10] A. General Standards 1. The home occupation shall be clearly incidental and secondary to residential occupancy. 2. The use shall be carried on entirely within an enclosed structure on the premises. 3. The home occupation shall be operated by a resident of the dwelling. 4. A maximum of 25% of the gross floor area of the dwelling unit or 500 square feet, whichever is less, may be used for the home occupation. 5. A maximum of 2 full-time equivalent non-residents of the dwelling may be employed on the premises. 6. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located. 7. The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises. Parcel delivery services in a frequency not uncommon to a residential district are not prohibited by this paragraph. 8. No equipment or process shall be used in connection with the use which creates noise, vibration, glare, fumes, fire hazard, odors, dust or electrical or communication interference detectable to the normal senses off the premises UNIFIED DEVELOPMENT ORDINANCE Adopted

52 3 SUPPLEMENTAL USE STANDARDS 3.4 SUPPLEMENTAL USE STANDARDS OFFICE/SERVICE (in the case of a detached dwelling, off the lot; in the case of an attached unit, outside the dwelling unit). No equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises. 9. The home occupation shall not cause an increase in the use of any one or more utilities (water, sewer, electricity, gas, garbage, etc.) such that the combined total use for dwelling and home occupation purposes exceeds a level normally expected in a residential neighborhood. B. E xterior Appearance 1. Storage of goods and materials associated with the home occupation must be completely within an enclosed structure, except for lots greater than 2 acres in an R/A district outdoor storage is allowed subject to screening requirements of Section Only 1 vehicle and 1 utility trailer principally used in connection with the home occupation shall be parked or stored on the premises, and no more than 5 total parking spaces may be provided on the site, except for lots greater than 2 acres in an R/A district 2 vehicles and 2 utility trailers principally used in connection with the home occupation shall be parked or stored on the premises, and no more than 8 total parking spaces may be provided on the site. 3. Parking areas in the front yard shall be limited to the existing residential driveway only. Additional parking may be provided in the rear yard only. 4. No display of goods, products, services or other advertising (except permitted signage as set forth in Chapter 11) shall be visible from outside of the dwelling. C. Standards for Specific Types of Home Occupations 1. Personal Services, including cosmetic services, hair and nail salons, barber shops, and non-permanent makeup services, may be permitted provided they comply with all of the following: a. Such uses shall meet all applicable state requirements; b. Any exterior entrance/exit to an area of the principal building shall be on the side or rear (and not the front) of the building; c. Only 1 barber/styling chair shall be permitted; d. No more than 2 hair drying chairs shall be permitted; e. Only incidental sales of hair products shall be allowed on the premises; f. Handicapped restroom facilities meeting state building code requirements shall be provided; g. No more than 1 sign identifying, or in any way pertaining to, such uses shall be permitted, and such sign shall meet all requirements of Chapter 11 of this ordinance; and h. All barber/styling chairs and hair drying chairs shall be located together in either the main dwelling or the accessory building, not split between both. 2. No group instruction service, including but not limited to dance, music, exercise, arts and crafts, may be provided for a group larger than 8 persons. 3. Retail sales shall be limited to the resale of handmade items, foodstuffs, crafts produced on the premises, antiques, jewelry and clothing CITY OF WILSON, NC

53 SUPPLEMENTAL USE STANDARDS 3.4 SUPPLEMENTAL USE STANDARDS OFFICE/SERVICE 3 D. Uses Prohibited as Home Occupations: The following uses are prohibited as home occupations because the nature of their operation has the tendency to impair the use and value of properties in a residential district. 1. Residential Care Facilities 2. Any Lodging Uses (as listed on the Use Table in Section 2.7.3) 3. Medical Clinic 4. Personal Services, Restricted 5. Veterinary Services 6. Any Commercial/Entertainment Uses (as listed on the Use Table in Section 2.7.3), except General Commercial 7. Correctional Institution 8. Halfway Homes 9. Day Treatment Center 10. Hospital 11. Any Automotive Uses (as listed on the Use Table in Section 2.7.3) 12. Any Industrial/Wholesale/Storage Uses (as listed on the Use Table in Section 2.7.3) KENNELS, INDOOR & VETERINARY CLINIC [R/A, NC, GC, HC, LI, HI, RMX, NMX,IMX, CCMX] [Z-8.2.B.95.10] A. Applicability 1. N C, GC, HC, LI, HI Districts: The general standards in B below shall apply when the proposed use is within 500 feet of any residential use or zone. 2. R/ A, RMX, N MX, IMX, CCMX Districts: The general standards in B below shall apply in all instances. B. General Standards 1. The clinic or kennel must be within a completely enclosed building with no outside facilities for animals. 2. The clinic or kennel shall be designed so that sound emitted through the exterior walls, roofs, and enclosed areas where animals are treated or kept shall not exceed 45 decibels as certified by a registered architect or acoustical engineer. 3. An outdoor area for the supervised therapy and exercise of animals is permitted when such area complies with all of the following requirements: a. The area must meet the setback requirements for principal buildings along any property lines shared with a residential use or zone, unless the adjoining residential property is occupied exclusively by a nonresidential use or uses. No setback required in other cases. b. The area shall be located in the rear yard, only, and must be enclosed by a fence not less than 6 feet in height. The fence shall be chain link, wood, brick, or masonry block. It need not be solid. c. The maximum size of such area shall be 1,200 square feet. UNIFIED DEVELOPMENT ORDINANCE Adopted

54 3 SUPPLEMENTAL USE STANDARDS 3.4 SUPPLEMENTAL USE STANDARDS OFFICE/SERVICE d. No more than 4 animals shall be present in the area at one time. e. The area may be used only between the hours of 8:00 a.m. and 6:00 p.m. daily, except in cases of documented emergencies. f. Any animal present in the area shall be accompanied by a human supervisor in the area at all times. C. Disposal of Waste 1. All animal solid and liquid waste shall be disposed of daily in an approved septic tank or public sewerage system. All stalls, cages, and animal runs shall be cleaned daily. 2. Animal wastes shall not be stored within 150 feet of any property line or surface waters unless located indoors KENNELS, OUTDOOR [R/A, HC, LI, HI] [Z-8.2.B.48.10] A. Minimum Lot Size 1. In the GC and H C Districts: The minimum lot size for such uses shall be 5 acres. 2. In the L I and H I Districts: The minimum lot size for such uses shall be 2 acres. B. General Standards 1. Areas used for exercising or training of animals shall be securely fenced to prevent the animals from straying. 2. Any outside run shall be enclosed on at least 3 sides with a wall of cement block, or similar construction, to a height of at least 4 feet. Outside runs shall not be permitted in the front yard. 3. The kennel building, proper, shall be of masonry construction. C. Disposal of Waste 1. All animal solid and liquid waste shall be disposed of daily in an approved septic tank or public sewerage system. All stalls, cages, and animal runs shall be cleaned daily. 2. Animal wastes shall not be stored within 150 feet of any property line or surface waters unless located indoors. D. Buffering: All such outdoor kennels and similar animal shelters shall be buffered from any adjoining residentially zoned property with a Type C buffer in accordance with Section E. Separation Requirement: Any building or pen housing animals, or any animal exercise area, shall be located a minimum of 500 feet from any residential use or zone and 150 feet from any street or non-residential property MEDICAL CLINIC [UR] A. The use shall be carried on entirely within an enclosed structure on the premises. B. The use shall not change the residential character of the dwelling. C. Storage of goods and materials associated with the clinic must be completely within an enclosed structure CITY OF WILSON, NC

55 SUPPLEMENTAL USE STANDARDS 3.5 SUPPLEMENTAL USE STANDARDS COMMERCIAL/ENTERTAINMENT 3 D. Parking must be provided in the third layer only (rearyard). E. In issuing a Special Use Permit for this use, the Board shall consider the surroundings and restrict the hours of operation of the business if they deem it warranted. 3.5 SUPPLEMENTAL USE STANDARDS COMMERCIAL/ENTERTAINMENT ADULT ESTABLISHMENT [HC] [Z-8.2.B.14.10] A. Purpose 1. The City Council of the City of Wilson finds that it is necessary to set forth the appropriate special requirements by which adult establishments may be established within the city s zoning jurisdiction. 2. Adult Establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near residential areas or educational, religious or recreational uses. 3. Studies have shown that lower property values and increased crime rates tend to accompany and are brought about by the concentration of adult establishments. 4. The City Council finds that the regulation of these uses is necessary to ensure that these adverse effects do not contribute to the blighting of surrounding neighborhoods and to protect the quality of life in the City of Wilson. 5. It is not the intent of the City Council in adopting this section to suppress any activities protected by the First Amendment, but rather to enact a content neutral standard that addresses the secondary effects that adult establishments have on the city. B. Separation Requirements 1. Such uses shall not be located closer than 5,280 feet (or 1 mile) to any of the following: a. SR4, SR6, NC, ICD, GR6, UR, RMX, NMX, IMX and CCMX Districts; b. Religious Institutions, Schools, College/University, Cultural or Community Facility, Civic Meeting Facility, or another Adult Establishment; or c. Any of the Park Types described in Section Such uses shall not be located closer than 500 feet to any residential use. 3. Such uses shall not be located closer than 1,320 feet (or ¼ mile) to any I-95 highway access points (on-ramps/off-ramps). The waiver of separation requirements allowance in Section shall not be applicable to this requirement. C. Buffering: Adult Establishments shall be buffered from adjoining property with a Type C buffer as set forth in Section D. Signs and Displays 1. No sexually oriented printed material, slide, video, photograph, written text, live show, or other sexually oriented visual display shall be visible from outside UNIFIED DEVELOPMENT ORDINANCE Adopted

56 3 SUPPLEMENTAL USE STANDARDS 3.5 SUPPLEMENTAL USE STANDARDS COMMERCIAL/ENTERTAINMENT the walls of the establishment, nor shall any live or recorded voices, music or sounds be heard from outside the walls of the establishment. 2. The sale or distribution of any material or related item shall be made from within the building premises (excluding mail order or catalogue sales) and shall not be displayed or otherwise advertised, exhibited, or promoted so as to be visible to the public from a public street or park AMUSEMENTS, OUTDOOR [HC, LI] [Z-8.2.B.14.10] A. Separation Requirement: No Outdoor Amusements shall be located closer than 250 feet to any residential district or use. B. Operational Standards: 1. Lighting systems shall be installed and operated in accordance with requirements of Chapter 10 Lighting. 2. Lights and loudspeaker systems shall not be operated between the hours of 10:00 p.m. and 8:00 a.m. the following morning. 3. Facility usage is limited to indoor activities between the hours of 10:00 p.m. and 6:00 a.m. the following morning unless special permission is received from the Administrator. 4. No equipment, machinery or mechanical device of any kind (other than customary HVAC systems) may be operated within 200 feet of any residentially-zoned property except as needed for routine maintenance of the grounds or facility. 5. Adequate provisions shall be made for the disposal of waste products and the control of noise associated with the use BAR/TAVERN/NIGHT CLUB [GC, HC, CCMX] [Z-8.2.B.68.10] A. Separation Requirement: All new bar/tavern/night clubs in the GC and HC districts shall be located no closer than 500 feet to any residential district or use, church, school, park or playground, or other existing public or private club. B. Minimum N et Floor Area: All bar/tavern/night clubs shall have a minimum net floor area of 1,200 square feet. C. Hours of Operation: In issuing a Special Use Permit for this use, the Board shall consider the surroundings and restrict the hours of operation of the business if they deem it warranted GENERAL COMMERCIAL [GC, HC, RMX, NMX] A. RMX Districts 1. L ocation: Such uses shall be located on corner lots only. 2. Parking: Parking for such uses must be located in the third layer of the lot only as defined in Chapter 9. B. All Districts: Such uses located adjacent to any R/A, SR4, SR6, GR6, or UR District shall be subject to the following standards CITY OF WILSON, NC

57 SUPPLEMENTAL USE STANDARDS 3.5 SUPPLEMENTAL USE STANDARDS COMMERCIAL/ENTERTAINMENT 3 Required Buffer Yard Minimum Required Setback for Buildings and Loading Dock / Service Areas Maximum Height Façade Materials and Articulation Type B along side and rear property lines. Type C where parking areas, dumpsters, loading docks or other utility structures are visible from adjacent properties. 50 feet from side and rear property lines 35 feet at 50 foot setback line. 1 foot additional height may be added for every 1 additional foot in setback from property lines, up to the maximum allowed height for the district. Building walls visible from adjacent residential properties shall be treated as primary façades according to the provisions of Section INTERNET SWEEPSTAKES FACILITY [HI] [Z-8.2.B.46.30] A. General Standards 1. Selling and/or consuming alcoholic beverages are prohibited in internet sweepstakes facilities. 2. Persons under the age of 16 are prohibited from entering the premises during regular school hours as defined by the Wilson County Board of Education. B. Separation Requirement: All internet sweepstakes facilities shall be located at least 250 feet from any school, church, or residential use. C. Hours of Operation: In issuing a Special Use Permit for this use, the Board shall consider the surroundings and restrict the hours of operation of the business if they deem it warranted. D. Amortization of Existing Uses: All uses meeting the definition of Internet Sweepstakes Facilities as defined in Chapter 17 of this ordnance that were legitimately established prior to December 11, 2009 shall cease operations and close or be brought into compliance with the provisions of this ordinance by midnight, December 31, OUTSIDE SALES [NC, GC, HC, ICD, RMX, NMX, IMX, CCMX] A. Applicability: Theses standards are intended to regulate outside sales which are conducted on an everyday basis, either within a permanent open-air structure, an uncovered outdoor sales area, or on private pedestrian walkways. Outside sales which are temporary or seasonal in nature, or which are intended to be located in parking areas, shall be permitted pursuant to the standards in Section B. B. Permitted L ocation and Size 1. Outside sales shall not occupy required parking areas. 2. Outside sales shall not take up an area greater than 25% of the total building area of the primary use within the associated permanent structure. 3. Outside sales must be clearly secondary to the primary use within the associated permanent structure and shall generally be located to the side or rear of the principal structure. C. Required Setbacks 1. N C, ICD, RMX, N MX, IMX, and CCMX Districts: Display of merchandise for outside sales in the front yard shall not exceed a maximum of 12 feet from the front face of the building. Such displays may be located on a UNIFIED DEVELOPMENT ORDINANCE Adopted

58 3 SUPPLEMENTAL USE STANDARDS 3.5 SUPPLEMENTAL USE STANDARDS COMMERCIAL/ENTERTAINMENT private sidewalk provided that they are located on a private sidewalk abutting the principal structure and adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet). 2. GC and HC Districts: Display of merchandise for outside sales in the front yard shall be no closer than 50 feet to a public street unless such displays are located on a private sidewalk abutting the principal structure and adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet) OUTSIDE SALES, SIDEWALK SALES [NC, ICD, RMX, NMX, IMX, CCMX] A. Applicability: Theses standards are intended to regulate outside sales which are conducted on an everyday or seasonal basis on public pedestrian walkways. Outside sales which are not located on public sidewalks or walkways are regulated by Section B. Standards 1. Merchandise for sale may be placed on the public sidewalk in front of the shop where the building is directly adjacent to the sidewalk provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet). Such displays shall be removed from the sidewalk when the business is not open. Such sales may also be subject to other city ordinances. 2. Sidewalk sale shall not take up an area greater than 25% of the total building area of the primary use within the associated permanent structure. 3. Display of merchandise for outside sales shall not exceed a maximum of 12 feet from the front face of the building PAWNSHOPS [HC] All new pawnshops shall be located no closer than 400 feet to any existing pawnshop RESTAURANT [NC] A. Kitchen E xhaust: Kitchen exhaust fans shall be located no closer than 100 feet to any existing Single Family or Two Family (duplex) dwelling. B. Buffering: All restaurants shall screened from existing Single Family or Two Family (duplex) dwellings by a Type C buffer yard as set forth in Section A SHOOTING RANGE, INDOOR [R/A, GC, HC, LI, HI] [Z-8.2.B.82.95] A. Applicability: This use includes the shooting of firearms, bows, and cross-bows at, or in conjunction with, both for-profit and non-profit facilities. It does not include incidental target practice by individuals on private property. B. N oise Mitigation: The facility shall be designed such that sound generated at the facility shall not be detectable to the normal senses at any off-site property. C. Shot Containment: The range shall be designed to provide a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use. D. Design: The design of the facility shall be guided by the design standards recommended by the National Rifle Association (NRA) for the appropriate caliber firearm(s) or weapon(s) being used on the site as described in The NRA Range Source Book, published by the NRA, insofar as they do not conflict with any of 3-16 CITY OF WILSON, NC

59 SUPPLEMENTAL USE STANDARDS 3.5 SUPPLEMENTAL USE STANDARDS COMMERCIAL/ENTERTAINMENT 3 the specific requirements contained in this section. Detailed plans for site layout, backstops, and baffles (when used for noise mitigation) shall be submitted with the application. E. Lead Recovery: Firing range wastes are regulated under the Resource Conservation and Recovery Act (RCRA) and 40 Code of Federal Regulations (CFR) These measures shall be complied with. F. Range Supervision: A competent adult supervisor, approved by the owner/manager, shall be present at all times when the range is open for business SHOOTING RANGE, OUTDOOR [R/A, LI, HI] [Z-8.2.B.82.95] A. Applicability: This use includes the shooting of firearms, bows, and cross-bows at, or in conjunction with, both for-profit and non-profit facilities. It does not include incidental target practice by individuals on private property. B. Buffering: Outdoor shooting ranges shall be buffered from adjoining properties with a Type C buffer as set forth in Section A. C. Separation Requirement: Outdoor shooting ranges shall be located no closer than 1,000 ft to any church, school, public park, day care center, or dwelling measured from the security fence described below to the property line(s) of the aforementioned uses. In addition, the range, itself, may not cross or penetrate any public utility easement. D. N oise Mitigation: The facility shall be designed such that sound generated at the facility shall not exceed the following levels (in decibels) measured at any off-site property: Use Residential Use Institutional Use Commercial Use Public Use Public Right-of-Way Industrial Use Decibel Level 55 db 55 db 65 db 65 db 65 db 75 db E. Shot Containment: The range shall be designed to contain the bullets, shot, arrows, or other projectiles on the range facility. F. Hours of Operation: The Board of Adjustment may regulate these as necessary as a condition of the Special Use Permit. G. Design: The design of the facility shall be guided by the design standards recommended by the National Rifle Association (NRA) for the appropriate caliber firearm(s) or weapon(s) being used on the site as described in The NRA Range Source Book, published by the NRA, insofar as they do not conflict with any of the specific requirements contained in this section. Detailed plans for site layout, backstops, and baffles (when used for noise mitigation) shall be submitted with the application. H. Security: The facility shall be enclosed with a minimum 6 foot high security fence with locking gates. A sign, at least 2 square feet in size but not greater than 6 square feet, warning that a firing range is inside the fence shall be posted every 50 feet along the fence. These signs shall not count against any sign allotment as provided in Chapter 11. UNIFIED DEVELOPMENT ORDINANCE Adopted

60 3 SUPPLEMENTAL USE STANDARDS 3.6 SUPPLEMENTAL USE STANDARDS CIVIC I. Range Supervision: A competent adult supervisor, approved by the owner/manager, shall be present at all times when the range is open for business THEATER, OUTDOOR [R/A, OS, HC, NMX, IMX, CCMX] A. Buffering: Outdoor theaters in the R/A, OS, HC, NMX and IMX districts shall be buffered from adjoining residential uses with a Type C buffer as set forth in Section A. B. Separation Requirement: The performance and audience areas for any outdoor theater in the R/A, HC, NMX and IMX districts shall be located a minimum of 200 feet from any adjacent property zoned SR4, SR6, GR6, UR or RMX. C. Access: Primary access to all outdoor theaters in the R/A, HC, NMX and IMX districts shall be to a collector or higher order street. D. Operational Standards: Lights and loud speaker systems shall not be operated between the hours of midnight and 8:00 a.m. 3.6 SUPPLEMENTAL USE STANDARDS CIVIC CEMETERY [R/A, OS, MHR, SR4, SR6, NC, GC, HC, ICD, GR6, UR, RMX, NMX, IMX, CCMX] A. Minimum Lot Size: A minimum of 3 contiguous acres shall be required to establish a cemetery, columbarium or mausoleum not located on the same tract of land as a church. B. Minimum Yard Requirements 1. The minimum yard required for all burial plots, columbariums, mausoleums and any other structures is 30 feet from any exterior property line or the required district setback, whichever is greater. This requirement does not apply where the adjacent property contains an existing cemetery. Gatehouses shall be excluded from any minimum yard requirement provided they meet the sight triangle requirement for driveways in Section Where graves or burial plots are closer than 50 feet to an adjacent street, a lowplanted screen in accordance with Section shall be provided between the street and the cemetery CIVIC MEETING FACILITIES [OS, MHR, SR4, SR6, NC, GR6, UR, RMX, NMX, IMX, CCMX] A. All such structures shall be subject to discretionary design review in accordance with Chapter 5. B. Prohibited Except as an Accessory Use in NMX, IMX and CCMX Districts: A civic meeting facility is prohibited from operating in a commercial or mixed-use building type in the NMX, IMX or CCMX district except as an accessory use (less than 50% of the total first floor area) to an otherwise permitted use. All such operations shall be to the rear of the structure away from the public frontage or in upper stories. The use of upper stories by a civic meeting facility is not limited CULTURAL OR COMMUNITY FACILITY [OS, NC, GR6, UR, RMX, NMX, IMX, CCMX] All such structures shall be subject to discretionary design review in accordance with Chapter CITY OF WILSON, NC

61 SUPPLEMENTAL USE STANDARDS 3.6 SUPPLEMENTAL USE STANDARDS CIVIC PRIVATE RECREATION FACILITIES [OS, NC, GC, HC, LI, RMX, NMX, IMX, CCMX] A. Applicability 1. Golf courses that are a part of a residential development shall be exempt from these requirements. 2. Restaurant and/or bar uses in conjunction with a Private Recreation Facility shall require a Special Use Permit (SUP). B. Connectivity to Surrounding N eighborhoods: Outdoor recreation facilities shall be connected to adjacent neighborhoods to the extent practical via street connections, driveways, and/or pedestrian/bicycle paths C. Operational Standards 1. Lighting systems shall be installed and operated in accordance with requirements of Chapter 10 Lighting. 2. Lights and loudspeaker systems shall not be operated between the hours of 10:00 p.m. and 8:00 a.m. the following morning. 3. Facility usage is limited to indoor activities between the hours of 10:00 p.m. and 6:00 a.m. the following morning unless special permission is received from the Administrator. 4. No equipment, machinery or mechanical device of any kind (other than customary HVAC systems) may be operated within 200 feet of any residentially-zoned property except as needed for routine maintenance of the grounds or facility. 5. Adequate provisions shall be made for the disposal of waste products and the control of noise associated with the recreational industry PUBLIC RECREATION FACILITIES [R/A, OS, MHR, SR4, SR6, NC, GC, HC, ICD, LI, HI GR6, UR, RMX, NMX, IMX, CCMX] A. Applicability: Golf courses that are a part of a residential development shall be exempt from these requirements. B. Connectivity to Surrounding N eighborhoods: Such facilities shall be connected to adjacent neighborhoods to the extent practical via street connections, driveways, and/or pedestrian/bicycle paths C. Operational Standards: Such facilities shall conform to the following operational standards except for athletic tournaments, festivals and other special instances as allowed by the Administrator. 1. Lighting systems shall be installed and operated in accordance with requirements of Chapter 10 Lighting. 2. Lights and loudspeaker systems shall not be operated between the hours of 10:00 p.m. and 8:00 a.m. the following morning. 3. Facility usage is limited to indoor activities between the hours of 10:00 p.m. and 6:00 a.m. the following morning unless special permission is received from the Administrator. 4. No equipment, machinery or mechanical device of any kind (other than customary HVAC systems) may be operated within 200 feet of any residentially-zoned property except as needed for routine maintenance of the grounds or facility. UNIFIED DEVELOPMENT ORDINANCE Adopted

62 3 SUPPLEMENTAL USE STANDARDS 3.6 SUPPLEMENTAL USE STANDARDS CIVIC 5. Adequate provisions shall be made for the disposal of waste products and the control of noise associated with the recreational industry PUBLIC SAFETY STATIONS [R/A, MHR, SR4, SR6, NC, GC, HC, ICD, LI, HI, GR6, UR, RMX, NMX, IMX, CCMX] All such structures shall be subject to discretionary design review in accordance with Chapter RELIGIOUS INSTITUTION [MHR, SR4, SR6, LI, GR6, UR, RMX, NMX, IMX, CCMX] [Z-8.2.B.20.10] A. In the N MX, IMX, CCMX District 1. Prohibited E xcept as an Accessory Use: A religious institution is prohibited from operating in a commercial or mixed-use building type except as an accessory use (less than 50% of the total first floor area) to an otherwise permitted use. All such operations shall be to the rear of the structure away from the public frontage or in upper stories. The use of upper stories by the religious institution is not limited. 2. Operating H ours: Commercial uses related to religious institutions (e.g., bookstores) must be open for business during typical business hours (from 8 am to 5 pm on regular non-holiday weekdays) in order to be considered as a primary use. B. In the MH R, SR4, SR6, LI, GR6, UR and RMX Districts: Religious institutions shall be buffered from adjoining residential uses with a Type B buffer in accordance with Section SPORTS ARENA/STADIUM [OS, HC, ICD, LI, IMX] A. Access: Primary access to all sports arenas/stadiums shall be to a collector or higher order street. B. Buffering: Such uses in the OS, HC, ICD and LI districts shall be buffered from adjoining residential uses with a Type C buffer as set forth in Section A. C. Operational Standards: 1. Lighting systems shall be installed and operated in accordance with requirements of Chapter 10 Lighting. 2. Lights and loudspeaker systems shall not be operated between the hours of 10:00 p.m. and 8:00 a.m. the following morning. 3. Facility usage is limited to indoor activities between the hours of 10:00 p.m. and 6:00 a.m. the following morning unless special permission is received from the Administrator. 4. No equipment, machinery or mechanical device of any kind (other than customary HVAC systems) may be operated within 200 feet of any residentially-zoned property except as needed for routine maintenance of the grounds or facility. 5. Adequate provisions shall be made for the disposal of waste products and the control of noise associated with the recreational industry CITY OF WILSON, NC

63 SUPPLEMENTAL USE STANDARDS 3.7 SUPPLEMENTAL USE STANDARDS EDUCATIONAL/INSTITUTIONAL SUPPLEMENTAL USE STANDARDS EDUCATIONAL/INSTITUTIONAL CHILD/ADULT DAY CARE HOME (8 OR LESS PERSONS) [R/A, MHR, SR4, SR6, NC, GC, HC, ICD, GR6, UR, RMX, NMX, IMX] [Z-8.2.B B-C] A. Compliance with State Requirements: Child/Adult Day-Care Homes shall meet the certification requirements of the North Carolina Department of Health and Human Service s Adult Day Care and Day Health Services Standards for Certification and/or the Family Child Care Home Regulations. Such uses provide an organized program of services during the day in a community group setting. B. L ocation: Child/Adult Day Care Homes shall be permitted only in a private residence occupied by the authorized operator. C. Separation Requirement: All Child/Adult Day Care Homes shall be located at least 500 feet from another Child/Adult Day Care Home CHILD/ADULT DAY CARE CENTER (MORE THAN 8 PERSONS) [NC, GC, HC, ICD, GR6, UR, RMX, NMX, IMX, CCMX] [Z-8.2.B A] A. Compliance with State Requirements: Child/Adult Day-Care Centers shall meet the requirements of the North Carolina Department of Health and Human Service s Adult Day Care and Day Health Services Standards for Certification and/or the Child Care Center Regulations. Such uses provide an organized program of services during the day in a community group setting. Where such uses are part of a recreation facility offering community recreational opportunities to a wide range of age groups or residents, the day-care center may be considered part of the recreation facility as provided for and regulated by this ordinance. B. Passenger Loading Space: Adequate access to and from the site, as well as adequate off-street space must be provided for the pickup and discharge of children and adults. C. Location in GR6 and UR Districts: Child/Adult Day Care Centers in the GR6 and UR districts shall be located on a collector or higher order street COMMUNITY SUPPORT FACILITY [GC, HC, ICD, RMX, NMX, IMX, CCMX] Any Community Support Facility which includes facilities that provide overnight shelter shall be subject to the following additional standards. A. T emporary Shelter Only: Lodging facilities shall be limited to temporary shelter for no more than 12 individuals for a period not to exceed 90 days. B. Separation Requirement: No Community Support Facility with lodging facilities may be located within a 1,320 feet (or ¼ mile) of another such use as measured by a straight line on a map unless as part of an accessory use to an existing religious institution CORRECTIONAL INSTITUTION [LI, HI, CCMX] A. Design Review: All such structures shall be subject to discretionary design review in accordance with Chapter 5. B. Buffering: Correctional institutions shall be buffered from adjoining property with a Type C buffer as set forth in Section A. UNIFIED DEVELOPMENT ORDINANCE Adopted

64 3 SUPPLEMENTAL USE STANDARDS 3.8 SUPPLEMENTAL USE STANDARDS AUTOMOTIVE C. County Jail Permitted in the CCMX District: The only correctional institution allowed in the CCMX district shall be the Wilson County Detention Center as operated by the Wilson County Sheriff s Office DAY TREATMENT CENTERS [GC, HC, ICD, LI, RMX, NMX, IMX] A. Separation Requirement: Centers shall be located at least 100 feet from any building in residential use. B. Hours of Operation: Centers shall not operate to serve consumers/clients on-site between the hours of 9:00 p.m. and 6:00 a.m. the following morning SCHOOLS ELEMENTARY & SECONDARY [R/A, SR4, SR6, NC, GC, HC, ICD, GR6, UR, RMX, NMX, IMX, CCMX] [Z-8.2.B.78.10] A. For Schools in the R/A Zone Only: To encourage walking and bicycle accessibility by schoolchildren to schools, it is incumbent upon the applicant to demonstrate how such accessibility can be achieved, given the low density nature of these districts. Accommodation may include the construction of additional offpremise sidewalks, multi-use trails/paths or greenways to connect to existing networks. B. For All Schools: 1. Athletic fields and parking areas must be buffered from adjacent residentiallyzoned property with a Type B buffer as set forth in Section Connectivity (vehicular and pedestrian) to surrounding residential areas is required. Where a full vehicular connection is impractical, a multi-use trail connection shall be provided. 3.8 SUPPLEMENTAL USE STANDARDS AUTOMOTIVE DRIVE-THRU/DRIVE-IN FACILITY [NC, GC, HC, LI, HI, NMX, IMX, CCMX] [Z-8.2.B.24.10] A. L ocation 1. N C Districts: Such facilities shall be limited to designated parking space(s) for picking up carryout orders only. Such parking areas shall be subject to the requirements in Chapter NMX, IMX, CCMX Districts: Menu boards, drive-thru service windows, vehicle queuing/stacking areas, and similar facilities shall be located and accessed only in the third layer of a lot as defined in Section 9.3. In addition, such facilities shall not be located on any portion of the building facing a street frontage. 3. GC, HC, LI, HI Districts: Menu boards, drive-thru service windows, vehicle queuing/stacking areas, and similar facilities located along any street frontage or on any portion of the building facing a street frontage must be buffered from the street by a low wall or hedge, minimum of 3 feet tall, and a Type B buffer as set forth in Section B. Circulation: Vehicle queuing/stacking areas for drive-thru uses shall be located outside of and physically separated from the right-of-way of any street and shall not cause interruption of any public sidewalk or bicycle facility CITY OF WILSON, NC

65 SUPPLEMENTAL USE STANDARDS 3.8 SUPPLEMENTAL USE STANDARDS AUTOMOTIVE HEAVY EQUIPMENT/MANUFACTURED HOME RENTAL/SALES [HC] [Z-8.2.B.9.10] A. Screening: A Type A Buffer must be maintained at all property lines and along any public street frontage, except that a Type C Buffer must be maintained where the site abuts neighboring residential properties. B. Buffers: Outdoor display/storage of vehicles shall be set back at least 50 feet from any right-of-way line, unless such display/storage of vehicles excludes any used or pre-owned vehicles, in which case the display/storage of vehicles shall not encroach into the required building setbacks. In addition, outdoor display/storage of vehicles shall not encroach into floodways or stream buffers PARKING LOT/STRUCTURE PRINCIPAL USE [CCMX] Where an above-ground parking structure fronts a public street, the ground level, at a minimum, shall be screened by retail, office, or multifamily uses in such a way that cars are not visible from the sidewalk THEATER, DRIVE-IN [HC, LI] A. Buffering/L ocation 1. Drive-In theatres shall be buffered from adjoining residential uses with a Type C buffer as set forth in Section The performance/screen and audience areas for any outdoor drive-in theatre shall be located a minimum of 50 feet from any adjacent residentially-zoned property. B. Operation Standards: Lights and loud speaker systems shall not be operated between the hours of midnight and 8:00AM the following morning VEHICLE RENTAL/LEASING/SALES [GC, HC, LI, NMX, IMX, CCMX] [Z-8.2.B.9.10] A. Outdoor Vehicle Display: All outdoor vehicle display areas shall be screened by a Type C buffer in accordance with Section No vehicles displayed for sale or awaiting work or pick-up shall be located closer than 5 feet to any adjoining property line, within a required landscape area, or in any public rights-of-way. B. SUP Required for N on-franchised Dealerships: All such uses that are within 200 feet of a residential use and are a not manufacturer-franchised dealership must obtain a Special Use Permit. C. Screening: All boundaries of a property containing such uses that directly adjoin a Single Family residential district shall be buffered with a solid fence extending from the ground to a height of not less than 6 feet and a Type B buffer in accordance with Section D. In the NMX, IMX and CCMX districts: 1. Vehicle sales are restricted to manufacturer-franchised dealerships, only. 2. In new construction, or renovation to a building which amounts to greater than 50% of the building s value, vehicle bays shall not face the street or shall be screened from direct view by landscaping. 3. Vehicle painting and body and fender repair are specifically prohibited as service/repair functions, except by those establishments also conducting vehicle sales as restricted above. UNIFIED DEVELOPMENT ORDINANCE Adopted

66 3 SUPPLEMENTAL USE STANDARDS 3.8 SUPPLEMENTAL USE STANDARDS AUTOMOTIVE VEHICLE SERVICES MINOR MAINTENANCE/REPAIR [GC, NMX, IMX, CCMX] [Z-8.2.B.9.10] [Z-8.2.B.08.10] A. Outdoor Vehicle Storage: All outdoor storage of vehicles awaiting work or pickup shall be screened by a Type C buffer in accordance with Section No vehicles or awaiting work or pick-up shall be located closer than 5 feet to any adjoining property line, within a required landscape area, or in any public rights-ofway. No outside storage of junk vehicles or parts shall be permitted unless a permit for an outdoor storage yard is also obtained. B. Vehicle Bays: Vehicle bays which are not set perpendicular to the street must be screened from direct view by a hedge or other landscaping. Bays facing the street must also incorporate awnings, windows and/or other articulation/ornamentation sufficient to reduce the impact of the repair bays on the street as determined by the Planning and Design Review Board during their design review. C. N oise: No noises resulting from the occasional repair or maintenance of a motor vehicle shall be audible at or beyond the property line between 8:00 p.m. and 8:00 a.m. the following morning. Intercom/sound systems shall not be audible at or beyond the property line. D. Repair Work: All repair work shall be conducted entirely within an enclosed structure; car wash activities may be done outside when all requirements of the Stormwater Management Ordinance (Chapter 46 of the City Code) are complied with. E. Screening: All boundaries of a property containing such uses that directly adjoin a Single Family residential district shall be buffered with a solid fence extending from the ground to a height of not less than 6 feet, and a Type B buffer. F. Accessory Structure Location: Accessory structures such as self-service vacuum cleaners, air pumps and other self-service structures must be setback 50 feet from any residential use and 25 feet from any right of way. G. Fueling Islands: Each drive-up fueling facility permitted under this title shall have off-street driveway stacking space that shall not inhibit or impede access to or from any parking space or drive VEHICLE SERVICES MAJOR REPAIR/BODY WORK [GC, HC] [Z-8.2.B.9.10, 20] A. Outdoor Vehicle Storage: No outside storage of junk vehicles or parts shall be permitted unless a permit for an outdoor storage yard is also obtained. No vehicles awaiting work or pick-up shall be located closer than 5 feet to any adjoining property line, within a required landscape area, or in any public rights-of-way. B. Vehicle Bays: Vehicle bays which are not set perpendicular to the street must be screened from direct view by a hedge or other landscaping. Bays facing the street must also incorporate awnings, windows and/or other articulation/ornamentation sufficient to reduce the impact of the repair bays on the street as determined by the Planning and Design Review Board during their design review. C. N oise: No noises resulting from the occasional repair or maintenance of a motor vehicle shall be audible at or beyond the property line between 8:00 p.m. and 8:00 a.m. the following morning. Intercom/sound systems shall not be audible at or beyond the property line. D. Repair Work: All repair work shall be conducted entirely within an enclosed structure; car wash activities may be done outside when all requirements of the 3-24 CITY OF WILSON, NC

67 SUPPLEMENTAL USE STANDARDS 3.9 SUPPLEMENTAL USE STANDARDS INDUSTRY/WHOLESALE/STORAGE 3 Stormwater Management Ordinance (Chapter 46 of the City Code) are complied with. E. Screening: All boundaries of a property containing such uses that directly adjoin a Single Family residential district or public street shall be buffered with a solid fence extending from the ground to a height of not less than 6 feet, and a Type C buffer. 3.9 SUPPLEMENTAL USE STANDARDS INDUSTRY/WHOLESALE/STORAGE LANDFILL AND JUNKYARDS [HI] [Z-8.2.B.50.20] A. E xemptions: These requirements shall not apply to following the uses or activities: 1. Landfills classified as Land Clearing and Inert Debris (LCID) facilities operated in association with an active building permit on the same or adjacent parcel according to the definition for such facilities in 15A NCAC 13B Such facilities shall be subject to the operational requirements in 15A NCAC 13B.0566 and any other applicable State requirements. 2. Beneficial fill activities as defined in 15A NCAC 13B Storage Outdoor Storage Yards as defined in Chapter 17 B. Minimum Size: The minimum site size for solid waste landfills shall be 50 acres. The minimum site size for sites used only for the storage of scrap metals, junk vehicles, and other salvage materials shall be 2 acres. C. Separation Requirement: All landfill and junkyard uses must be located a minimum distance of 1,000 feet from the SR4, SR6, GR6 and UR Districts and any parallel conditional district to those districts. D. L ocation: No such facilities shall be located in a designated water supply watershed, special flood hazard area, or wetland area, or block a natural drainageway so that water is impounded. E. Setbacks 1. The setbacks in the following table shall apply along all property lines and public rights-of-way for all landfill or junkyard storing activities, including parking, access roads, buildings, or disposal. Adjacent District Required Setback Sites used for solid waste landfills Any district 100 feet Sites used only for the storage of R/A, OS, MHR, SR4, SR6, ICD, GR6, UR, RMX, NMX, 100 feet scrap metals, junk vehicles, and other salvage materials IMX, CCMX NC, GC, HC 50 feet LI, HI 25 feet 2. Roads for access to the site may cross the 100-foot area, and monitoring wells may be located within the 100-foot area. All existing trees within the buffer area shall be preserved, except to allow for construction of necessary road crossings and monitoring of wells. F. Screening 1. A Type C buffer shall be required along all property lines and public rights-ofway regardless of the adjacent zoning. Existing plant material may be included UNIFIED DEVELOPMENT ORDINANCE Adopted

68 3 SUPPLEMENTAL USE STANDARDS 3.9 SUPPLEMENTAL USE STANDARDS INDUSTRY/WHOLESALE/STORAGE in the computation of the required plantings, with approval of the Administrator. 2. A chain link security fence, a minimum of 6 feet in height, shall enclose the entire site. The fence must be placed inside the required Type C buffer and may be placed inside the 100- foot buffer area. G. Vehicular Access: Vehicular access to the site shall be provided on a major or minor thoroughfare, or on a road improved to necessary industrial capacity as determined by the Administrator. H. Reclamation Plan Required: Applicant shall file in the office of the Register of Deeds, prior to issuance of a Certificate of Occupancy, a reclamation plan for the reuse of the site. Such plan shall indicate that the applicant, or other entity approved by the City Council, shall remain the owner and be liable for the site forever, or until City Council approval is given to release this requirement. I. Burning Prohibited: No waste, junk, scrap materials, or any vehicle, including automobiles and trucks, shall be burned on the premises. J. Automobile Salvage, Records Required: Records shall be kept on each motor vehicle and/or motor vehicle engine salvaged and stored on site. Records shall be kept for 3 years and shall be available for inspection by the building inspector or chief of police at reasonable times. Each record shall show the following: 1. Description of item. 2. Person or corporation from whom obtained. 3. Serial or motor number if any MATERIALS RECOVERY & WASTE TRANSFER [LI, HI] A. Separation Requirement: All outdoor storage yards must be located a minimum distance of 500 feet from the SR4, SR6, GR6 and UR Districts and any parallel conditional district to those districts. B. Screening 1. A minimum 100-foot buffer area is required along all property lines and public rights-of-way. No materials recovery and waste transfer activities, including parking, access roads, buildings, or disposal shall occur in the buffer area. Roads for access to the site may cross the 100-foot area, and monitoring wells may be located within the 100-foot area. All existing trees within the buffer area shall be preserved, except to allow for construction of necessary road crossings and monitoring of wells. 2. A Type C buffer shall be required in the buffer area along all property lines and public rights-of-way regardless of the adjacent zoning. Existing plant material may be included in the computation of the required plantings, with approval of the Administrator. 3. A chain link security fence, a minimum of 6 feet in height, shall enclose the entire site. The fence may be placed inside the 100-foot buffer area C. Vehicular Access: Vehicular access to the site shall be provided on a major or minor thoroughfare, or on a road improved to necessary industrial capacity as determined by the Administrator. D. Reclamation Plan Required: Applicant shall file in the office of the Register of Deeds, prior to issuance of a Certificate of Occupancy, a reclamation plan for the 3-26 CITY OF WILSON, NC

69 SUPPLEMENTAL USE STANDARDS 3.9 SUPPLEMENTAL USE STANDARDS INDUSTRY/WHOLESALE/STORAGE 3 reuse of the site. Such plan shall indicate that the applicant, or other entity approved by the City Council, shall remain the owner and be liable for the site forever, or until City Council approval is given to release this requirement RECYCLING COLLECTION STATIONS [LI, HI] [Z-8.2.B.70.10] A. Separation Requirement: All outdoor storage, collection, loading and processing areas must be located a minimum distance of 500 feet from the SR4, SR6, GR6 and UR Districts and any parallel conditional district to those districts. B. Yard Requirements: Recycling collection stations shall meet the minimum yard requirements for the district in which they are located. C. Recycling Materials: All recyclable material must be contained within a defined area or structure and shall not be allowed to spill out into adjacent areas. The recycling collection area shall be kept clean with no accumulation of trash and debris permitted. D. Yard Requirements: All aspects of the recycling collection station shall be no closer than 50 feet to adjacent property lines. E. Buffering: Recycling collection stations shall be screened from the street and from adjacent properties with a Type C buffer as set forth in Section STORAGE OUTDOOR STORAGE YARD [LI, HI] [Z-8.2.B.09.20] A. Separation Requirement: All outdoor storage yards must be located a minimum distance of 500 feet from the SR4, SR6, GR6 and UR Districts and any parallel conditional district to those districts. B. Screening 1. A Type C buffer shall be required in the buffer area along all public rights-ofway and property boundaries with zones other than the LI and HI districts. With approval of the Administrator, existing plant material may be included in the computation of the required plantings. 2. All stored materials shall be neatly stacked to a height that does not exceed the height of the required screen, except that those materials stored more than 100 feet from any property lines may be stacked to a maximum height of 35 feet. 3. Site plan approval is required prior to the construction of the screen. Those sides of such businesses that do not require the above-described screen shall be enclosed with a chain-link fence extending from the ground to a height of not less than 6 feet or the above-described screen. C. Junk, Salvage and Scrap Materials Prohibited: The storage of junk vehicles, scrap metal or other salvage or waste materials shall be prohibited. D. Combustible Materials 1. Gas and oil and other combustible materials shall be stored in a building of fire proof construction which shall be constructed in full compliance with all applicable provisions of the City Code and state law. 2. All gas and oil shall be drained from vehicles stored or placed in any outdoor storage yard. E. E nvironmental Hazards: All establishments shall be maintained so as not to create environmental hazards (such as oil or gasoline leaks or spills) that pose a threat to ground or surface water quality, air quality, wildlife and/or humans. UNIFIED DEVELOPMENT ORDINANCE Adopted

70 3 SUPPLEMENTAL USE STANDARDS 3.9 SUPPLEMENTAL USE STANDARDS INDUSTRY/WHOLESALE/STORAGE F. E xceptions For Uses Adjacent to Rail Roads: Those businesses directly adjoining a railroad right-of-way or rail spur shall be exempt from the following: 1. From the screening requirements in Section B.1 for those property boundaries that directly adjoin the railroad right-of-way, except that a chainlink fence extending from the ground to a height of not less than 6 feet shall still be required, and 2. From the stacking restrictions in Section B.2 for all areas of the property further than 100 feet of a public right-of-way and within 400 of the railroad right-of-way STORAGE SELF-SERVICE [GC, HC, LI, HI] A. Permitted Commercial Activities: The owner or operator of any self-storage warehouse, or portion thereof, shall not conduct any type of commercial activity except for the following: 1. Leasing of the storage units, 2. Rental and/or sale of moving supplies, 3. Rental and/or sale of moving equipment (the rental or sale of any moving trailers, trucks or other vehicles shall only be permitted in districts that also permit Vehicle Rental/Sales/Leasing), and 4. Auctions or other sales of property that occur on a strictly temporary basis. B. Sale of Personal Goods: It shall be unlawful for a lessee of any self-storage warehouse, or portion thereof, to sell or offer for sale, any item of personal property or to conduct any type of commercial activity of any kind whatsoever, except in auctions organized by the owner or operator of the facility that occur on a strictly temporary basis. C. Buffering: Such facilities must be buffered from adjacent properties property with a Type A buffer in accordance with Section D. Accessory Dwellings: One accessory dwelling unit for a resident manager or security personnel only shall be permitted on the premises in a detached structure. No portion of any self-storage warehouse shall be used, on a temporary or permanent basis, as a dwelling unit STORAGE WAREHOUSE, INDOOR STORAGE [IMX] [Z-8.2.B.86.20] A. Storage within Vehicles: Storage within motor truck trailers, trailers, mobile homes, or similar structures is prohibited under this section except as temporary storage, less than 30 days, in the rear yard only. B. Sale of Goods: It shall be unlawful for any owner, operator, or lessee of any warehouse or portion thereof to offer for sale, or to sell any item of personal property or to conduct any type of commercial activity of any kind whatsoever other than leasing of the storage units. C. Dwellings Prohibited: No portion of any storage warehouse shall be used, on a temporary or permanent basis, as a dwelling CITY OF WILSON, NC

71 SUPPLEMENTAL USE STANDARDS 3.10 SUPPLEMENTAL USE STANDARDS AGRICULTURE SUPPLEMENTAL USE STANDARDS AGRICULTURE ANIMAL PRODUCTION / POSSESSION [R/A, HI] [Z-8.2.B.04.10] A. Livestock and Poultry in the City Limits 1. Minimum setback requirements for keeping any horse, mule, pony, cow, sheep, goat, swine or other livestock, including poultry, by means of tether, fence, or other type enclosure shall be as follows: 150 feet from any school, church, restaurant, grocery store, drugstore, dwelling on a different lot, or other retail establishment, 100 feet from any septic tank or private water supply intended for human consumption. 100 feet from any perennial stream, 20 feet from the property line of an adjoining lot. 2. Any property on which livestock or poultry is kept shall meet the following requirements for minimum land area: Livestock Minimum required parcel area (for property NOT in a Watershed Area Overlay District) Minimum required parcel area (for property in a Watershed Area Overlay District) Cattle or horses 12,000 square feet per head 24,000 square feet per head Swine 10,000 square feet per head 20,000 square feet per head Poultry 8,000 square feet per 100 birds 16,000 square feet per 100 birds Sheep 2,000 square feet per head 4,000 square feet per head 3. Minimum setback requirements for waste lagoons or any other area where animal waste is collected shall be as follows: 2,500 feet from schools, hospitals or churches 1,500 feet from the nearest off-property residence 100 feet from perennial streams 100 feet from property boundaries 100 feet from well or septic tank 4. Waste lagoons shall not be permitted within a flood hazard area. 5. Best management practices shall be applied in using and maintain structures for livestock including stables, so as to eliminate or minimize nuisances and adverse impacts to the maximum extent possible BACKYARD PENS/COOPS/BEEKEEPING [MHR, SR4, SR6, ICD, GR6, UR, RMX, NMX, IMX, CCMX] A. Applicability: These regulations do not pertain to the keeping of dogs or cats as pets. B. Standards for Animals 1. Permitted Animals: The following animals may be kept in the permitted districts subject to the provisions in this section: UNIFIED DEVELOPMENT ORDINANCE Adopted

72 3 SUPPLEMENTAL USE STANDARDS 3.10 SUPPLEMENTAL USE STANDARDS AGRICULTURE a. Small Animals: Poultry, rabbits, or other similar small creatures subject to the discretion of the Administrator. b. Large Animals: Goats and miniature/pot-bellied pigs. 2. Prohibited Animals: Roosters, swine (other than miniature/pot-bellied pigs), and larger animals or livestock including horses, mules, ponies, cows and sheep shall be subject to the provisions for Animal Production/Possession. 3. L ocation: Permitted animals shall only be kept in the rear yard of residential lots. 4. E nclosure: All animals shall be kept in a fenced area, or other enclosure, sufficient to prevent their encroachment on neighboring properties. 5. N umber of Animals Allowed Lot size Number of animals allowed Residential lots (1 acre or less) Maximum of 10 small animals OR 1 large animal Residential lots (greater than 1 acre) Additional animals shall be permitted at the rate of 10 small animals OR 1 large animal per acre.* * Fractions shall be rounded down to the largest whole number. C. Standards for Beekeeping: Bees may be kept in the permitted districts subject to the requirements below: 1. H ives: All honey bee colonies shall be kept in hives with movable frames, which shall be kept in sound and usable condition. 2. Fencing of Flyways: Fencing shall be required for any colony that is situated within 25 feet of an adjacent developed property, as measured from the nearest point on the hive to the property line. No fencing is required when the adjacent property is undeveloped. In such instances the beekeeper shall do one of the following: a. Establish and maintain a flyway barrier at least 6 feet in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends 10 feet in each direction so that bees are forced to fly at least 6 feet above ground level over the property lines in the vicinity of the apiary; or b. Locate the hive so that it is at least 8 feet above the ground level at the property line. 3. Water: Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic pet contact. 4. General Maintenance: Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other beeproof enclosure. 5. Queens: In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics CITY OF WILSON, NC

73 SUPPLEMENTAL USE STANDARDS 3.11 SUPPLEMENTAL USE STANDARDS INFRASTRUCTURE 3 6. Colony Densities a. Where any hive is located within 200 feet of an adjacent property, one colony shall be permitted for every 1,500 square feet of lot area, up to a maximum of 20 colonies. b. Where all hives are located at least 200 feet from any adjacent property, there shall be no limit to the number of colonies. c. For each 2 colonies permitted under colony densities, there may be maintained upon the same tract, 1 nucleus colony in a hive structure not exceeding one standard inch depth 10-frame hive body as required from time to time for the management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within 30 days after the date it is acquired 3.11 SUPPLEMENTAL USE STANDARDS INFRASTRUCTURE WIRELESS COMMUNICATIONS FACILITY [ALL DISTRICTS] [Z-8.2.B.21.10] A. Scope: This section shall regulate all communications broadcasting, towers, support structures, antennas, broadcast receiving facilities and equipment, and any combination thereof, except the following: 1. Television sets. 2. AM and FM radio receivers. 3. Amateur (HAM) radio receivers and transmitters. 4. Citizen band (CB) radio receivers and transmitters, cellular telephones, pagers, and similar personal communication devices. 5. Facilities which qualify as accessory structures as per Section B. Permitted Locations: The following wireless telecommunications facilities are permitted, as outlined in the table below, provided they meet the supplemental use standards in this section. UNIFIED DEVELOPMENT ORDINANCE Adopted

74 3 SUPPLEMENTAL USE STANDARDS 3.11 SUPPLEMENTAL USE STANDARDS INFRASTRUCTURE Height of Proposed Facility Use Allowance 60 ft or less PS More than 60 ft PS PS SUP Permitted Districts NC, GC, HC, ICD, LI, HI, NMX, IMX, and CCMX Districts n/a NC, GC, HC, ICD, LI, HI, NMX, IMX, and CCMX Districts Other Permitted Locations (in any district) Government facilities; Public parks and utility structures; Within any building or structure whose primary purpose is not to support communications equipment, such that the facility is completely concealed. Government facilities; Public parks and utility structures; Within any building or structure whose primary purpose is not to support communications equipment, such that the facility is completely concealed. n/a Additional Standards Setbacks shall be the same as for any principal or accessory structure in the district. n/a The facility shall be camouflaged in a manner so as to reflect the characteristics of the neighborhood or its environs as approved by the Wilson Appearance Commission. The facility shall be located no closer than 1,500 feet from any public park. C. Prohibited L ocations: Wireless Telecommunications Facilities shall not be permitted within 500 feet of any residential use. D. Co-L ocation: Co-location is an arrangement whereby more than 1 user occupies a single tower or structure. In order to maximize the use of towers and to reduce the number of towers needed to serve the community, the following co-location requirements shall apply to all users, except accessory uses to a residence. 1. Co-location on a previously-approved tower is permitted without an additional Special Use Permit provided that all conditions of the previously-approved permit are complied with. 2. Co-location on a building or substantial structure, such as a water tower or telephone pole, shall effect a waiver of any Special Use Permit requirement, but all other applicable provisions of this section, and the ordinance, shall be met and be approved by the technical review committee (TRC). The TRC may require that a Special Use Permit application be filed if it is in doubt as to whether or not a given proposal is in keeping with the spirit of the ordinance. In an effort to further the purpose stated above, the city encourages colocation on its facilities. 3. Where a new tower is proposed, documentation shall be required to substantiate why the proposed antenna(s) and/or equipment cannot be accommodated on a previously-approved tower due to 1 or more of the following reasons: a. The planned equipment would exceed the structural capacity of previously approved towers, considering their existing and planned use, and those towers cannot be reinforced to accommodate the planned or equivalent equipment at a reasonable cost; or 3-32 CITY OF WILSON, NC

75 SUPPLEMENTAL USE STANDARDS 3.11 SUPPLEMENTAL USE STANDARDS INFRASTRUCTURE 3 b. The planned equipment would cause RF interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost; or c. Previously approved towers do not have space on which the planned equipment can be placed so it can function effectively and reasonably in parity with the existing and/or planned equipment of the present user(s); or d. Other reasons which make it impractical to place the planned equipment on previously approved towers. Such reasons shall be explained and documented in detail. 4. Where a new tower is proposed and sufficient reasons for a new tower exist, favorable consideration will be given to towers designed to accommodate other future users. Documentation shall be required describing the capacity of the proposed tower in terms of today's technology (including the number and type of antennas that it can accommodate). Approval of such new tower will be conditioned on space being made available to such fixture users at a reasonable fee and any necessary costs of adapting the facilities to the proposed future use. 5. Where a new tower is proposed and sufficient reasons for a new tower exist and the tower will not be designed to accommodate other future users, documentation justifying the proposal shall be required. 6. For any proposed new tower, favorable consideration will be given to those that locate in close proximity to other towers and/or locate in areas where the tower and any accessory buildings can be screened by existing vegetation, land forms, or structures. E. Setbacks: The minimum tower setback from any property line shall be: 1. Equal to the height of the tower; or 2. Equal to the maximum fall distance for an engineer-certified installation; published engineering data for a particular model of tower will be acceptable to substantiate a setback less than the height of the tower if the building inspector can easily determine that the tower has been installed in accordance with such data, otherwise a professional engineer must certify that the tower is installed as required; or 3. For towers not exceeding 80 feet in height: a. Equal to the engineer-approved guy point distances for guy-wiresupported towers, or b. Equal to ½ the tower height for self-supporting towers; or 4. For a steel monopole tower with a base diameter greater than or equal to 1 foot, equal to ½ of the height of the tower, provided that a professional engineer certifies that the tower is of sufficient strength to withstand hurricane-force winds of a velocity that have occurred, or can be expected to occur, in the area, and that should winds of greater velocity occur, the design of the tower is such as to bend rather than fall; provided that in no case shall a tower in excess of 150 feet in height be setback less than 50 feet from any property line. This requirement shall not apply to communications equipment co-located on facilities located in the public right-of-way (such as telephone poles and light standards) or electric power company easements as long as all other applicable requirements of the ordinance are met. Accessory buildings UNIFIED DEVELOPMENT ORDINANCE Adopted

76 3 SUPPLEMENTAL USE STANDARDS 3.11 SUPPLEMENTAL USE STANDARDS INFRASTRUCTURE and structures on lots shall meet the setback requirements for same in their district F. Security: Security fencing at least 6 feet in height shall be installed around the base of the tower OR the tower shall be equipped with an engineer-certified anti-climb device. Published data or documentation for an anti-climb device must be provided to support such device and must be of such nature to enable the building inspector to easily determine that the anti-climb device has been installed in accordance with such data, otherwise a professional engineer must certify that the anti-climb device has been properly installed. This requirement shall not apply to communications equipment co-located on facilities located in the public right-ofway (such as telephone poles and light standards) or electric power company easements as long as all other applicable requirements of the ordinance are met. G. Signs: No business signs, billboards, or other advertising shall be installed on the tower or security fencing. H. L ighting: Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other federal or state authority, and in no case shall exceed the required minimum. Every effort should be made to obtain waivers to FAA coloring and lighting requirements if such waivers would not affect aircraft safety. To the extent allowed by the FAA, strobes shall not be used for night time lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. Prior to construction of the tower, the applicant shall be required to submit documentation from the FAA that the lighting is the minimum lighting required by the FAA. I. Abandonment: Any tower that ceases to be used for communications broadcasting and/or broadcast receiving as permitted by this ordinance for a period of more than 6 months shall be removed by the property owner at his/her expense. This removal shall occur within 90 days of the end of such 6-month period. Upon removal, the site shall be re-vegetated to blend with the existing surrounding vegetation. J. Screening: Where the tower is not an accessory use and the site abuts or is visible from residentially-developed land, residential zoning districts, or a street designated as a major thoroughfare by the current Wilson Thoroughfare Map/Plan, except for fence and wall entrances, the security fencing described in provision C.3, above, shall be screened with healthy plants which possess growth characteristics of such a nature as to produce within 5 years a planting screen not less than 6 feet high that will obscure objects behind the screen at a distance of 50 feet. This planting screen shall be installed within 1 year of construction of the security fencing and shall be maintained as required herein for the life of the tower. Alternatives may be permitted by the Board of Adjustment based on security or other reasons without the necessity of following the variance procedure. This screening is required in addition to any other screening required by other sections of the UDO. The Board of Adjustment may impose this requirement on accessory uses when appropriate. This requirement shall not apply to communications equipment co-located on facilities located in the public right-of-way (such as telephone poles and light standards) or electric power company easements as long as all other applicable requirements of the ordinance are met K. Design 1. Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, 3-34 CITY OF WILSON, NC

77 SUPPLEMENTAL USE STANDARDS 3.11 SUPPLEMENTAL USE STANDARDS INFRASTRUCTURE 3 unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques should be evaluated, taking into consideration the site as built. 2. Freestanding towers shall be screened, constructed and/or colored to blend, as much as possible, with the area and the background against which they are most commonly seen. 3. The Board of Adjustment may specify the type of construction (monopole versus lattice, etc.) as a requirement of the Special Use Permit in cases where they determine that a particular type of construction is better suited for a particular area for safety and/or aesthetic reasons. 4. Towers and antennas on a building or substantial structure shall be screened, constructed and/or colored to match the structure to which they are attached. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. If an accessory equipment shelter is present, it must blend with the surrounding building(s) in architectural character or color. 5. Where an antenna or antennas are co-located on a structure such as a light standard, telephone pole, fence pole, etc., the height of the structure supporting the antenna(s) shall not exceed the average height of similar structures in the vicinity by more than 10%. L. Accessory Buildings, Structures, and Uses: 1. These are subject to applicable district requirements. 2. Outside storage in conjunction with these uses is permitted only in the LI and HI districts. M. Annual Inspection: Towers over 200 feet in height shall be inspected annually by a qualified person, and any recommended repairs shall be made. At a minimum, the inspection shall cover the following: 1. Tower structure - including loose bolts, loose or damaged members, signs of unusual stress or vibration. 2. Tower vertical alignment. 3. Guy wire tension - both required tension and present tension. 4. Guy wires and fittings - check for security, rust and vibration. 5. Guy anchors and foundations - assess for cracks in concrete, signs of corrosion or movement, secure hardware, proper fencing. 6. Other items including antennas, transmission lines, lighting, painting, insulators, grounding and elevator. A copy of the inspection report and listing of subsequent repairs made, if any, shall be filed with the development services department. N. H ealth Issues: Section 704(a) of the (federal) Telecommunications Act of 1996 expressly preempts state and local government regulation of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency (RF) emissions to the extent that such facilities comply with the Federal Communications Commission's (FCC) regulations concerning such emissions. UNIFIED DEVELOPMENT ORDINANCE Adopted

78 3 SUPPLEMENTAL USE STANDARDS 3.12 TEMPORARY USE STANDARDS [ALL DISTRICTS] Note also that the level of RF radiation emitted from low power mobile radio service relay transmissions has been determined to be far below the level now known to cause negative health effects. The levels have been determined to be only a small fraction of the radiation the public is exposed to on a daily basis. The FCC has adopted the American National Standards Institute (ANSI) standards for RF emissions. In the immediate vicinity (within 50 feet) of a low power mobile radio service transmission tower, the power density has been determined to be no more than 1/150 of the ANSI exposure standards. This level is well below the most restrictive exposure standards in effect across the country, which are 1/5 of the ANSI Standards. As the distance from the antenna increases, the power level decreases by an inverse squared factor. Microwave relay antennas utilize very low levels of power. The power density emitted is typically no greater than 1/500,000 of the ANSI exposure standard at the tower base. Therefore, based on the above, there are no expected negative health effects from exposure to a low power mobile radio service telecommunications facility. O. E lectromagnetic Interference: Because of the frequencies assigned to the low power mobile radio service providers by the FCC and the relatively low power output by lower power mobile radio service facilities, possible interference to household appliances such as radios, television and cordless telephones for nearby residents will be minimal. The FCC has established regulations governing interference that state it is the responsibility of the carrier to promptly resolve any electromagnetic interference problems created. P. Historic Districts: Facilities located within any historic district overlay zone as established by Section shall comply with all appropriate requirements and procedures of that section. Q. Site Plan: A site plan demonstrating compliance with these regulations and meeting the requirements of Chapter 15 must be submitted to, reviewed and approved by the TRC. R. Building Permit: A building permit is required TEMPORARY USE STANDARDS [ALL DISTRICTS] [Revises Z-8.2.B.89.10] GENERAL STANDARDS/PERMITS REQUIREMENT All permitted temporary uses listed in this section require a Temporary Use Permit that shall be reviewed and issued by the Administrator subject to the following requirements: A. Separation Requirement: Except for yard sales, Christmas tree sales and produce stands, no temporary use shall be located closer than 100 feet to a dwelling unit unless the owners of such properties provide written consent of the temporary use to the administrator. B. Plans for security and safety must be provided for civic/cultural events. C. The sponsor, owner, or manager of any temporary use shall be responsible for ensuring that the site remains free of debris or waste upon the conclusion of each day's sale or use. D. No more than 1 temporary use shall be permitted per lot at any given time CITY OF WILSON, NC

79 SUPPLEMENTAL USE STANDARDS 3.12 TEMPORARY USE STANDARDS [ALL DISTRICTS] 3 E. E xemption for Annual Fairs on County, City, or School Property: Fairs or other special recreational or entertainment events which usually occur on an annual basis and are held in the following locations shall be allowed at these locations and are hereby exempt from the provisions of this section. 1. Wilson County Fairgrounds, 2. Public parks, if authorized by the Recreation Director or City Manager; and 3. School or college grounds, if authorized by the School Superintendent or College President TEMPORARY USES ALLOWED IN ALL DISTRICTS Use Maximum Duration for Each Use or Permitted Location(s) Event (per site) Yard or garage sales 2 days 6 days per year maximum Any lot with an occupied residential dwelling No temporary use permit required Civic/cultural events (sponsored by a 30 days per year maximum no All districts governmental agency, non-profit group or religious institution) renewal for 3 months Christmas tree and ornament sales 45 consecutive days no renewal All districts within 1 year Farmers markets and produce stands No maximum duration annual renewal required All districts Temporary uses associated with construction (including contractor's office, equipment/storage sheds, security watchman temporary office/residence, and mobile office space for displaced workers during construction) During construction period, 1 year permit annual renewal if warranted All districts, subject to requirements in A Temporary real estate office See C below All districts, subject to requirements in C Temporary relocation mobile homes for displaced residents Temporary use recreational vehicle or travel trailer 1 years, except by extension of Planning and Design Review Board 1 year up to 1 year extension when authorized by the Administrator Within a designated redevelopment or a disaster area, subject to requirements in D All districts, subject to requirements in E UNIFIED DEVELOPMENT ORDINANCE Adopted

80 3 SUPPLEMENTAL USE STANDARDS 3.12 TEMPORARY USE STANDARDS [ALL DISTRICTS] TEMPORARY USES ALLOWED IN MIXED-USE/COMMERCIAL DISTRICTS For the purpose of interpreting this section Mixed-Use/Commercial Districts shall include R/A, NC, GC, HC, ICD, LI, HI, NMX, IMX, and CCMX. Use Maximum Duration for Each Use or Permitted Districts Event (per site) Circuses or carnivals 14 days per year Mixed-Use/Commercial Districts Religious services and similar types Mixed-Use/Commercial 30 days no renewal within 3 months of events Districts Annual fairs, festivals or similar types of events 14 days no renewal within 1 year Mixed-Use/Commercial Districts Special recreational or entertainment Mixed-Use/Commercial 1 day no renewal within 1 month events Districts Outdoor bazaars and tent sales 3 days no renewal within 6 months Mixed-Use/Commercial Districts Special fund raising sales Mixed-Use/Commercial 3 days no renewal within 1 month for nonprofit organizations Districts Temporary food vendors on private Mixed-Use/Commercial 90 days no renewal within 1 month property Districts Special sales or Mixed-Use/Commercial 5 days no renewal within 6 months seasonal flea markets* Districts Weekend flea markets** Fridays, Saturdays and Sundays only HC, LI and IMX districts annual renewal required only * When conducted exclusively as part of the permanent business or industrial use on the same lot a Temporary Use Permit is not required. See additional standards in Section B ** See additional standards in Section C TEMPORARY USES WITH SPECIFIC REQUIREMENTS A. Temporary Uses Associated with Construction 1. A contractor's office, equipment/storage sheds, security watchman s office/residence and/or mobile office space for displaced workers may be placed in any district temporarily on the site of construction for a development for which a Certificate of Zoning Compliance has been issued. 2. Temporary offices for displaced office workers shall be allowed only on the construction site and for the specific purpose of providing temporary relocation office space required during construction activities involving renovation, expansion or reconstruction of an existing facility. 3. Such uses shall be located at least 5 feet from other structures and 15 feet from adjacent property lines. 4. Placement of such a temporary use is limited to a period of time determined by an estimated project completion date with the option of an extension of up to 1 year as if approved by the Administrator. All temporary construction buildings and trailers shall be placed on the site no earlier than 90 days prior to construction and shall be completely removed from the site within 30 days of issuance of a certificate of occupancy or completion of the project, whichever comes first. B. Special Sales or Seasonal Flea Markets 1. E xemption: When such uses are conducted exclusively as part of a business or industrial use on their lot, parking area or private sidewalk, a temporary use 3-38 CITY OF WILSON, NC

81 SUPPLEMENTAL USE STANDARDS 3.12 TEMPORARY USE STANDARDS [ALL DISTRICTS] 3 permit is not required. Such uses shall not be limited in length of time that they may be conducted except that they shall only be conducted on an occasional or seasonal basis. The standards given below for such uses shall still apply. 2. Such uses shall be conducted or authorized by an existing permanent business or industrial use which is in a permanent structure. 3. Such uses shall only be allowed on the lot with the permanent business or industrial use, except as provided in 4 below. 4. Such uses may be allowed on parking areas on the same lot as the permanent business or industrial use, or on abutting property with parking areas that serve the permanent business or industrial use. Such uses on public parking lots require approval as set forth in Article VI in Chapter 34 of the City Code. 5. Such uses may be conducted within the front yard and may include the occasional use of temporary tents, other similar structures, or vehicles used for purposes of displaying and selling merchandise, including utility or truck trailers or trucks. C. Weekend Flea Markets 1. All such uses shall be located at least 250 feet from any MHR, SR4, SR6, GR6, and/or UR district, however, this requirement shall not apply to properties located across streets/highways of 4 or more lanes or across railroad rights-ofway. 2. Other uses to be housed within the confines of the flea market (such as restaurants, amusements, storage, etc.) must comply with the district requirements for those uses. 3. Such uses may include the use of temporary tents, tables, other similar temporary structures, and/or vehicles used for purposes of displaying and selling merchandise, including trucks or utility/truck trailers. Temporary tents, tables, etc., shall be removed from the site after the close of business for the weekend. 4. Permanent accessory structures shall be limited to office and bathroom facilities. 5. No structures of any type shall be located closer than the established setbacks for the district. 6. No vehicles shall be parked closer than 5 feet to any adjoining property line. 7. There is no minimum parking requirement, but adequate turf or surfaced parking must be provided on site, except in the IMX district. 8. Outdoor trash and recycling facilities shall be provided as otherwise required by ordinance. 9. The site shall be maintained in a clean and orderly fashion at all times. Dumpsters and other waste containers must be emptied when full, during operating hours, and at least once a week. 10. No overnight camping shall be permitted on the flea market site. 11. An annual temporary use permit is required. D. Temporary Real E state Office 1. A construction trailer, temporary modular unit or model dwelling unit may be used as a real estate sales office in a new residential development of 20 or more units or lots in a residential subdivision. UNIFIED DEVELOPMENT ORDINANCE Adopted

82 3 SUPPLEMENTAL USE STANDARDS 3.12 TEMPORARY USE STANDARDS [ALL DISTRICTS] 2. Temporary real estate offices in a construction trailer, temporary modular unit, or model dwelling unit shall be allowed in any new construction project in any district, provided that such structure shall be used for the sale of units within that project only. 3. Only 1 such temporary structure per builder or developer shall be allowed for use as a real estate sales office. 4. Temporary real estate offices in construction trailers or temporary modular units may remain on the site for no more than 1 year or until 80% of the units for the project are completed, whichever occurs first. E. Temporary Relocation Mobile Homes for Displaced Residents: Residents displaced as a result of a natural or manmade disaster, or a publicly-sponsored redevelopment project in a neighborhood or area, shall be allowed provided they meet the following requirements: 1. Temporary mobile homes may occupy designated disaster areas or redevelopment project areas only. Mobile homes shall only be allowed to occupy redevelopment project areas, as designated by City Council, following an advertised public hearing. 2. The mobile homes shall be permitted for not more than 2 years, except by extension of time by the Planning and Design Review Board. 3. The mobile homes shall be properly installed according to state requirements and connected with public utilities as set forth in City of Wilson ordinances. 4. The mobile homes shall be located at least 10 feet from one another or other structures. 5. Each mobile home unit shall be accessible to public service and emergency vehicles as determined and approved by the Administrator. 6. Adequate provision shall be made for parking and waste management in compliance with city ordinances and policies. F. Temporary Recreational Vehicle or Travel Trailer 1. This use is for a single temporary recreational vehicle or travel trailer (RV) located on a residential site during construction/rehabilitation of the principal building when occupied by owners of the site. This is an administrativelyissued temporary use permit. 2. An active building permit for the principal building on the property is a prerequisite for a permit to conduct this temporary use. Progress towards completion of the project is essential in order to continue to hold this permit, and lack thereof over a period of 3 months or more shall be sufficient grounds for revocation of this temporary use permit. 3. The RV may be used for dwelling purposes including, but not limited to, sleeping and major cooking activities. 4. The initial permit shall cover one year (unless revoked for reasons stated above). A one-year extension may be authorized by the Administrator when circumstances merit same. 5. The RV shall be located completely on private property and shall not impede access by emergency vehicles to the property or any adjoining properties. 6. The RV shall be occupied by the owner of record of the property on which it is located CITY OF WILSON, NC

83 SUPPLEMENTAL USE STANDARDS 3.12 TEMPORARY USE STANDARDS [ALL DISTRICTS] 3 7. Use of city utilities and disposal of waste generated by the RV shall comply with all applicable city ordinances and policies TEMPORARY USES NOT LISTED If a Temporary Use Permit is sought for a use other than a specific use listed in the table above, the Administrator shall have the authority to determine which of the use categories above most closely resembles the use or activity in question. In the event that a particular use is not listed, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Administrator shall determine whether a materially similar use exists in this section. Should the Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Administrator s decision shall be recorded in writing. Should the Administrator determine that a materially similar use does not exist, this section may be amended to establish a specific listing for the use in question through the text amendment process established in Section UNIFIED DEVELOPMENT ORDINANCE Adopted

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85 GENERAL PROVISIONS FOR ALL DISTRICTS 4.1 APPLICABILITY 4 4 GENERAL PROVISIONS FOR ALL DISTRICTS 4.1 APPLICABILITY The provisions in this chapter shall apply generally to all development regardless of the underlying zoning district provisions. 4.2 GENERAL PROVISIONS INTERPRETATION OF DIMENSIONAL AND DENSITY STANDARDS When any requirement of this ordinance results in a fraction of a unit, a fraction of ½ or more shall be considered a whole unit and a fraction of less than ½ shall be disregarded. When the determination of the number of dwelling units permitted on a lot results in a fraction of a dwelling unit, any fractional component shall be disregarded and rounded down to the nearest whole number EXEMPTION FOR BONA FIDE FARMS IN THE MUNICIPAL ETJ Pursuant to NCGS 160A-360(k), property in the city s extraterritorial jurisdiction, as identified on the Zoning Map of the City of Wilson, which is used for bona fide farm purposes is exempt from the requirements of this ordinance. 4.3 BASIC LOT AND USE STANDARDS [Revises Z-3.5-8; Z ; and S-9.F] LOT DIVISIONS A. Lot Lines: Side lot lines shall be substantially at right angles to straight street lines and radial to curved street lines for a minimum distance of 100 feet from the front lot line. B. Corner L ots: Corner lots for residential uses shall have extra width to permit appropriate building setback from and orientation to both streets. Lots abutting on a pedestrian walkway shall be treated as a corner lot. C. L ot Remnants: All remnants of lots below the minimum required size for the district that are left over after subdividing a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels LOTS TO FRONT ON PUBLIC STREET OR APPROVED PUBLIC SPACE A. Stormwater Lots: Lots platted for the sole purposes of being sites for stormwater control structures or as conservation areas shall not be required to abut a dedicated public street. Adequate access by easement shall be provided. B. Commercial or Mixed-Use Lots: Commercial or mixed-use buildings (as defined in Section 5.6) may be erected or used on a lot which does not abut a dedicated public street provided that the lot is part of a development in which other individual lots abut a public street, and provided the lot fronts one of the following: 1. A privately-maintained drive in a public parking area, or 2. An approved open space or park shared with other lots, or 3. Some other designated area used in common with other lots. UNIFIED DEVELOPMENT ORDINANCE Adopted

86 4 GENERAL PROVISIONS FOR ALL DISTRICTS 4.3 BASIC LOT AND USE STANDARDS C. Alley Access Residential L ots: With provision of alley access, residential lots may front upon a public open space, but access shall be of sufficient design to allow for the provision of emergency services. D. Other Lots: All other lots shall front upon a publicly-dedicated street right-of-way constructed to the infrastructure standards given in Chapter INTERPRETATION OF DIMENSIONAL STANDARDS A. Yard Requirements 1. General: A building, structure or lot shall not be developed, used or occupied unless it meets the minimum yard requirements for the district, and any applicable overlay district, in which it is located. 2. Calculating Yards: The minimum yard is the area defined by measuring perpendicularly from, and along the entire boundary of, the lot line (property line) to the building line as shown in the diagram below: 3. Assumed Right-of-Way: Where no right-of-way exists, or if the right-of-way is only inclusive of the street pavement, then the front setback shall be measured from an assumed right-of-way line that is parallel to the edge of pavement and setback a minimum of 10 feet from the edge of the pavement. This calculation is for setback calculation purposes only and does not represent any expressed or implied taking of property. B. Irregular Lot Setbacks 1. General: The location of required front, side and rear yards (or setbacks) on irregularly shaped lots shall be determined by the Administrator. The determination will be based on the intent and purpose of this ordinance to achieve an appropriate spacing and location of buildings and buildings on individual lots. Where questions arise as to appropriateness, the subdivider may be requested to provide additional design information. 2. Setbacks Along Thoroughfares: Setbacks along thoroughfares shall be measured from the future right-of-way only if there is a specifically-adopted corridor plan that shows, at a minimum, the horizontal alignment of the future 4-2 CITY OF WILSON, NC

87 GENERAL PROVISIONS FOR ALL DISTRICTS 4.3 BASIC LOT AND USE STANDARDS 4 roadway, pedestrian and bicycle amenities, streetscape and necessary right-ofway INFILL LOT AND HOME ADDITIONS A. Infill L ots 1. Front Yard and Street Yard: The minimum front or street yard required may be reduced for any lot where the average established front yard on developed lots located within 300 feet on each side of such lot, and fronting on the same street as such lot, is less than the minimum required yard. In such cases, the minimum front or street yard may be less than that required, but not less than the average of the existing front yards on the developed lots within 300 feet of each side. 2. Side Yard and Lot Width: For existing vacant lots and for new lots created from existing larger lots, the lot width at the frontage line and the side yard setbacks shall be consistent with the immediately adjacent neighboring parcels on the same side of the street. In no instance however, shall the required side yard setbacks or lot width at the frontage line be greater than twice the minimum requirements for the district in which the lot is located. B. Additions to Single Family Homes and Duplexes 1. Garage Additions: The required front or street yard for any garage additions to single family homes or duplexes shall be the average established front yard on developed lots located within 300 feet on each side of the proposed addition and fronting on the same street as the proposed addition. 2. All Other Additions: All other additions to single family homes or duplexes shall comply with the front and street setbacks established for that district in Section ENCROACHMENTS The features listed below may encroach into a required yard. A. Arcades: Building arcades, if provided, should be designed to avoid the swing of car doors parked parallel to the arcade. In addition, the sidewalk within the arcade should be sufficient to accommodate the intended uses (i.e. outdoor seating) while providing suitable clearances per the Americans with Disabilities Act Accessibility Guidelines (ADAAG). B. Awnings and Canopies: All awnings and canopies, if provided, shall be supported by means of a frame attached directly to the building receiving beneficial use of the awning. In no case shall awnings be supported by a frame attached to a UNIFIED DEVELOPMENT ORDINANCE Adopted

88 4 GENERAL PROVISIONS FOR ALL DISTRICTS 4.4 MEASUREMENT OF HEIGHT sidewalk or other public right-of-way. Awnings may encroach up to 6 feet into any required front or street yard. Where the required front or street yard is less than 6 feet, awnings may encroach over the sidewalk, but shall not encroach into the street tree planting area or across the street edge of the sidewalk. All awnings and canopies shall allow for a minimum height clearance of at least 8 feet. C. Bay Windows and Balconies: Bay windows, balconies and similar features projecting from the principal building may encroach up to 3 feet into any required yard. D. Cornices and Gutters: Cornices and gutters may encroach up to 2 feet into any required yard. E. Fences & Garden Walls: Fences and garden/yard walls may encroach into required yards but, if higher than 2 feet, may not be placed within the site visibility triangle of a public street, private street or driveway contained either on the property or on an adjoining property. See Section concerning the sight visibility triangle. For properties in historic districts, fences and garden/yard walls shall also conform to the guidelines set forth in the Historic Property Owners Handbook with Design Guidelines for Local Historic Districts and Local Landmarks. F. Handicapped Ramps: Ramps for handicap accessibility and fire escapes that are required by the North Carolina State Building Code may encroach into any required yard, but may not be closer than 3 feet to any property line. G. Decks and Patios: Uncovered and unenclosed decks, patios and other similar above grade features not exceeding an average finished-height-above-grade of 30 inches may encroach into the side and rear setback. H. Swimming Pools: Outdoor swimming pools may encroach to within 15 feet of a side or rear property line adjoining a street right-of-way, and to within 5 feet of any other side or rear property line. I. Public Rights of Way E ncroachments (Air Rights): With approval of the city or NCDOT (whichever has authority over a street), upper story balconies or bay windows may encroach into the right of way, but shall be a minimum of 3 feet behind the curb, and shall allow for a minimum height clearance of at least 8 feet when such encroachments protrude over a sidewalk or pedestrian path. J. Porches, Steps and Stairs: Unenclosed porches and above-grade steps and stairs may encroach up to 7 feet into any required front or side yard. The Administrator may waive this requirement and allow any steps and stairs as deemed necessary for pedestrian access to lots with steep topography. 4.4 MEASUREMENT OF HEIGHT [Revises Z-8.3] Building heights shall be as specified in Section 2.5 and shall be determined according to the provisions below STORY A story is a habitable level within a building of no more than 14 feet in height from finished floor to finished ceiling. Unoccupied attics less than 7 feet in height and raised basements less than 6 feet in height (as measured from the average grade of the fronting sidewalk) are not considered stories for the purposes of determining building height. A mezzanine shall be considered a story if it is contiguous with at least 60% of the building s front façade, is designed to be occupiable, and maintains an average 4-4 CITY OF WILSON, NC

89 GENERAL PROVISIONS FOR ALL DISTRICTS 4.5 ACCESSORY USES AND STRUCTURES 4 depth of at least 16 feet. A penthouse shall be considered a story if it exceeds 1/3 of the area of the roof. The under-roof area with dormers does not count as a story. Unfinished space beneath the base floor elevation of structures which are raised to meet base floor elevation requirements in floodplains are not considered stories for the purposes of determining building height DIMENSIONAL HEIGHT STANDARDS FOR STRUCTURES Where a specific dimension is used in the calculation of height, it shall be measured from the highest ground level at the structure foundation to the highest point of the structure, excluding chimneys and antennas ITEMS NOT INCLUDED IN HEIGHT CALCULATIONS The height limitations of this ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, water towers, mechanical penthouses (provided they are set back 20 feet from the front elevation), observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, masts and antennas (provided evidence from appropriate authorities is submitted to the effect that such building or buildings will not interfere with any airport zones or flight patterns). See Section Airport Overlay District and Section 3.11 Supplemental Use Standards-Infrastructure for additional height limitations related to airports zones and communications towers. 4.5 ACCESSORY USES AND STRUCTURES [Revises Z-8.2] The purpose of this section is to establish standards for accessory uses and structures in the City of Wilson's land use jurisdiction. Except as provided elsewhere in this chapter, it shall be unlawful for any person to erect, construct, enlarge, move or replace any accessory use or structure without first obtaining a Certificate of Zoning Compliance from the Administrator GENERAL A. Accessory uses and structures may only be used for purposes permitted in the district in which they are located. B. N ot for Dwelling Purposes: Accessory structures shall not be used for dwelling purposes except as approved Accessory Dwelling Units (see Section 3.2.1). C. Building Permits May Be Required: Depending on the size of the structure and the incorporation of various improvements (e.g., electrical, plumbing), a building permit may also be required. UNIFIED DEVELOPMENT ORDINANCE Adopted

90 4 GENERAL PROVISIONS FOR ALL DISTRICTS 4.5 ACCESSORY USES AND STRUCTURES LOCATION, MAXIMUM NUMBER AND MAXIMUM AREA Standards Single-Family/Two-Family Lots Less than ½ Acre Single-Family/Two-Family Lots ½ Acre to 2 Acres 1. Permitted Location Side/rear yard only Side/rear yard only 2. Maximum Number Permitted 3. Maximum Building Footprint All Other Uses and Lots Larger than 2 Acres Permitted in all yards may not be closer than 30 ft to right-of-way 2 2 No maximum 750 sq. ft. per structure; Aggregate area no greater than 75% of the principal structure 1000 sq. ft. per structure; Aggregate area no greater than 95% of the principal structure No maximum OTHER REQUIREMENTS A. Distance to Single Family Dwelling: No accessory building shall be closer than the distance specified in the currently-applicable building code to a single family dwelling; except that an unenclosed (open on all sides) carport and/or an unenclosed breezeway no wider than 9 feet at its widest point may be attached to or placed any distance from a principal building. B. L ighting: Exterior lighting for accessory uses and/or structures shall meet the requirements by which principal structures are governed as set forth in Section EXCEPTIONS A. Exceptions: The following accessory uses are exempt from the locational requirements of this section and the setback requirements in Section 2.5 as noted below: 1. Transit shelters and bicycle racks may be located in the front or side yard as necessary. 2. Backflow preventers and other customary utility structures may be located in the front yard as necessary. 3. Gatehouses and gazebos, including security gatehouses, may be located in the front yard provided they do not have a footprint greater than 100 square feet. 4. Neighborhood entrance ground signs may be located in the front or side yard of a lot according to the standards of Section Up to 2 small accessory buildings, child play structures or backyard pens/coops located in the side or rear yard are exempt from the limitations in Section To be considered exempt, such accessory buildings shall not, under the NC Building Code, be required to obtain a building permit WIRELESS TELECOMMUNICATION FACILITIES AS ACCESSORY STRUCTURES A. The following facilities shall be allowed as accessory structures provided they are related to and customarily incidental to the principal use and or structure: 1. Television satellite dishes, 2. Antennas and their support structures (including combinations of the two) 60 feet in height or less, 3. Antennas and their support structures (including combinations of the two) more than 60 feet in height, but less than 100 provided such structures are accessory to a residence. 4-6 CITY OF WILSON, NC

91 BUILDING DESIGN STANDARDS 5.1 PURPOSE AND INTENT 5 5 BUILDING & DEVELOPMENT DESIGN STANDARDS 5.1 PURPOSE AND INTENT [Revises Section Z-VI.9.A] Because the Unified Development Ordinance allows greater land use flexibility, accommodating a wide variety of uses in close proximity to one another, it is imperative to ensure that the design and arrangement of these uses reflects high quality urban and site design principles. The purpose of establishing these building and development design standards is to regulate the physical characteristics of proposed development, create a high quality pedestrian realm, ensure compatibility with the context of surrounding areas, and preserve the unique visual character and streetscapes of Wilson. Furthermore, it is the intent of these requirements to strike a balance between creativity and innovation on one hand and respect for historically-sensitive forms of development on the other. The physical characteristics of new development should reflect the context of surrounding properties, carry forward models of good design, and build upon the rich, architectural vocabulary of the city. Within these constraints, there are abundant opportunities to utilize new interpretations of physical design that are harmonious with existing development forms and promote Wilson s unique identity. Such excellence in design contributes to the overall aesthetic of the community; influences positive visual perceptions that encourage a vibrant economy; and promotes the health, safety and general welfare of Wilson s residents. 5.2 APPLICABILITY AND ADMINISTRATION [Revises Section Z-VI.9.B-C] APPLICABILITY A. Design Standards: The requirements of Section 5.3 Design Standards shall apply to the following: 1. All civic/institutional, commercial and multifamily residential development in all non-industrial districts (all districts except LI and HI). 2. Single family residential development on lots in the SR6, GR6 and UR districts with a width of 60 feet or less. B. E xceptions 1. Expansions of Existing Buildings: Expansions of existing buildings shall comply with the standards of this chapter according to the following: a. E xpansions of L ess T han 50% of Floor Area: Standards apply to expansion area only and those areas necessary to visually tie the new to the old. b. E xpansions of 50% or Greater in Floor Area: All standards apply to facades visible from the public right-of-way. 2. Historic District Exception: Development located in a Historic Overlay District shall be exempt from the requirements of this chapter and shall comply with the Historic District Guidelines according to the provisions outlined in Section and OPTIONS FOR COMPLIANCE The design standards in Section 5.3 are comprised of a series of design principles, administrative standards and discretionary standards in different key categories. The design principles are provided to communicate the general intent of the regulations in each category. The administrative standards provide clear requirements for satisfying the intent of each design principle to be interpreted by the Administrator in the review UNIFIED DEVELOPMENT ORDINANCE Adopted

92 5 BUILDING DESIGN STANDARDS 5.2 APPLICABILITY AND ADMINISTRATION of development applications. The discretionary standards provide general design objectives to be applied and interpreted by the Planning and Design Review Board in the review of development applications. Both processes are intended to be similar in length of review time and cost. The applicant may choose which method of review to use on an application according to the provisions below. A. Applicant Choice: Applicants may choose to achieve compliance with the requirements of this chapter in either of the following ways: 1. Administrative Review: The Administrator will review the application for conformance with the Administrative Standards specified in Section 5.3. Such review shall be conducted in accordance with the procedures for Minor Site Plan/Architectural Design Review outlined in Section The Administrator shall have the authority to approve applications which are within 10% of any numeric minimum or maximum established in this chapter. 2. Discretionary Review: The Planning and Design Review Board will review the application for conformance with the Discretionary Standards specified in Section 5.3. Such review shall be conducted in accordance with the procedures for Major Site Plan/Architectural Design Review outlined in Section Appeals of Administrative Reviews shall also be heard by the Planning and Design Review Board. B. Discretionary Review Required: The following development types shall require discretionary review as outlined in Section A.2 above: 1. Civic/institutional buildings, 2. Any multifamily development or expansion of 8 units or more, 3. Any commercial or mixed-use development or expansion greater than 25,000 square feet (except for uses to be located in the LI or HI Districts that are listed as Industrial/Wholesale/Storage uses in the Use Table), 4. All multi-tenant shopping centers, and 5. Any buildings in the CCMX and IMX districts DISCRETIONARY REVIEW COMMUNITY AND NEIGHBORHOOD COMPATIBILITY The discretionary review process is established to evaluate applications for development types that warrant special additional consideration (as identified in B) and to allow applicants an option to explore potential design solutions that exist outside the typical application received by the city. This method of review is intended to involve similar review time and submittal requirements as the administrative review process. Development in Wilson, whether on infill or greenfield sites, which is evaluated through the discretionary board review process will be subject to a general standard of neighborhood and community compatibility. The Planning and Design Review Board s interpretation of this general standard will be guided by the discretionary standards found throughout Section 5.3. An application shall be deemed compatible when it offers a design that adheres to all of these discretionary review standards. 5-2 CITY OF WILSON, NC

93 BUILDING DESIGN STANDARDS 5.3 DESIGN STANDARDS DESIGN STANDARDS FORM AND MASSING A. Design Principle: Buildings should respond to the prevalent architectural features of surrounding development, especially in areas where the patterns established by recurring architectural features are valued. Strict mimicry of entire buildings, however, should be avoided in order to promote variety in architectural style. B. Administrative Standards: Primary façades are those which face a street, private drive, parking area, park or civic space. Primary façades must adhere to one of the following standards. 1. Primary façades must be divided into architecturally distinct sections or bays with each section taller than it is wide and no wider than 30 linear feet. The following techniques may be used to delineate the different bays: a. A variation in the vertical plane of the façade of at least 4 inches; b. A variation in roofline; c. The use columns, ribs, pilasters piers, or an equivalent element that otherwise visually subdivides the wall through at least 50% of its height. d. The use of parapets, arches, wing walls, stairwells, or porches that extend from the vertical plane of the façade at least 6 feet; e. The incorporation of a clearly defined, highly visible, public entrance that features one or more of the following: canopies, awnings, porticos, colonnades, arcades or similar weather protection; and/or f. The use of foundation plantings or planters that include plants with an expected mature height of at least 33% of the vertical wall height. 2. Primary façades which do not adhere to the standards in Section B.1 must be screened from view by a Type B buffer. C. Discretionary Standards 1. Development should be complimentary to the existing form, massing and scale of other buildings in the surrounding area. 2. Building walls should create interest and hierarchy in the façade to enrich the pedestrian experience and provide a feeling of safety. 3. In order to, minimize the impact of long, monotonous blank walls, variation should be provided in form, horizontal and vertical alignment, and scale so that walls are subdivided into visually distinctive bays or sections; or adequately screened from view from streets, private drives, parking areas, parks or civic spaces ORIENTATION AND PLACEMENT A. Design Principle: Site design should reflect Wilson s traditional development pattern to ensure a consistent, high-quality public realm that is compatible with existing development. B. Administrative Standards: 1. Building and outdoor unit entrances for all multifamily residential developments (townhouses and apartment buildings) shall include a porch, stoop, courtyard or similar element which provides a transition from the public street to the private UNIFIED DEVELOPMENT ORDINANCE Adopted

94 5 BUILDING DESIGN STANDARDS 5.3 DESIGN STANDARDS space within the building or unit. Such entryway features must be at least 6 feet in depth and raised at least 18 inches in height from the average finished grade of the adjacent sidewalk. 2. Development on corner lots shall reflect the historic placement of primary building entrances toward the street with the highest volume of traffic. 3. In the UR, RMX, NMX, IMX and CCMX Districts primary building entrances must be oriented toward the street. Secondary building entrances may be oriented toward internal parking areas but must be detailed in a similar manner as the primary entry. 4. Off-Street Parking Access a. Lots less than 50 feet in width: Garages or off-street parking areas shall be accessed only from an alley. b. Lots between 50 and 70 feet in width: Garages with front loading bays shall be recessed from the front facade of the house by a minimum of 4 feet and shall be visually designed to form a secondary building volume. Garage doors shall be setback a minimum of 25 feet from the back of sidewalk. The total width of an attached garage door(s) shall not exceed 50% of the width of the total building façade. c. E xtra Bays to Be Turned All garages with more than 2 bays shall be turned perpendicular to the street so that the garage door is not visible from the street. Turned garages which are visible from the street shall have at least 2 street-facing windows which match the window treatments on the front of the primary structure. d. Multifamily Residential Development (Townhouses and Apartment Buildings): Garages or off-street parking areas shall be accessed only from an alley or via a driveway leading to a detached garage or parking area behind the front facade. e. L ots Fronting Collector, or H igher Order, Streets: In order to avoid cars backing out into the flow of traffic, garages or off-street parking areas shall be accessed only from an alley or via a driveway leading to a parking area of sufficient width and design to turn a car around. C. Discretionary Standards 1. The rhythm and pattern of development along a street should continue patterns of building frontage, placement, size, landscape elements, and open space and avoid configurations that disrupt finegrained neighborhood or corridor patterns. Image Source: The Infill Design Toolkit: Medium- Density Residential Development. City of Portland Bureau of Planning, December, CITY OF WILSON, NC

95 BUILDING DESIGN STANDARDS 5.3 DESIGN STANDARDS 5 2. To ensure a consistent, high-quality streetscape environment, garages and offstreet vehicular parking areas should be accessed in a manner that does not require a high percentage of frontage devoted to paved vehicle areas. 3. Buildings should provide an effective transition from the private lot to the public realm of the street through the use of building entries that include semipublic features such as landscaped courtyards, generous porches or stoops. 4. Civic/institutional buildings should be located in sites of visual prominence including, but not limited to, at the termination of a prominent street or vista, adjacent to a public park or civic space, and/or at a high point in the surrounding topography. 5. Important street vistas (such as along city gateways and primary pedestrian streets) should terminate in a focal point, such as a building or other architectural or landscape feature ARRANGEMENT AND EXPRESSION OF MATERIALS For buildings set back more than 100 feet from the street, the standards in this subsection apply only to façades visible from public streets and civic gathering places. A. Design Principle: Building materials should be chosen which reflect the predominant materials used in Wilson, emphasize the character of building walls which face the public realm, and balance vertical and horizontal elements of building façades. B. Administrative Standards 1. Primary façades are those which face a street, private drive, parking area, park or civic space. All buildings over 1 story tall shall have a primary façade that consists of a clearly discernible base, body, and cap as follows: a. The lowest portion (base) of the building façade shall be built with masonry material to a height of at least 3 feet. The top of the base shall be constructed with a solider course (a complete course of masonry laid on end vertically with the narrow side exposed) or a different material, which projects further from the façade than the rest of the base. b. The body of the building shall constitute a minimum of 50% of the total building height. A living wall or planted vegetative wall may be used to define the body of the building. c. The highest portion (cap) of the building façade shall have a smaller vertical dimension than the base and shall consist of a cornice, parapet, awning, canopy, eave or other architectural treatment that demarcates the top of the structure. d. Visually heavier materials shall be placed below lighter materials (e.g., stucco or siding over brick or stone) to give the sense of support and grounding. 2. At least 50% of the primary façades shall consist of one or more of the following approved materials: a. Brick or glazed brick; b. Wood; c. Cementitious fiber board; d. Stone, cast stone, stone masonry units, marble or similar material; UNIFIED DEVELOPMENT ORDINANCE Adopted

96 5 BUILDING DESIGN STANDARDS 5.3 DESIGN STANDARDS 3. Primary façades may also consist of the following materials provided that they comprise no greater than 20% of the façade area: a. Concrete masonry units (CMU); b. Exterior insulation finishing systems (EIFS); c. Split face block; d. Concrete (pre-cast or cast in place); e. Concrete block; f. Metal composite panels; and g. Rigid frame metal. 4. Additional standards for metal buildings: a. All buildings which use metal composite panels or rigid frame metal as a primary façade material shall include a non-metal base around all sides of the building. Foundation or building yard landscaping can be substituted for the non-metal base on secondary façades (façades which do not face a public street, park or civic space). b. All buildings which use metal or metal composite panels as a primary material shall include a pitched roof with a 6:1 pitch or a parapet wall on the primary facade which projects above the cap a minimum of 6 feet. 5. The standards regarding primary façade treatments in C.1 through 4 above shall continue around the corner of the building and apply to at least 20% of the linear length of any adjoining secondary façade. 6. The first floor of buildings shall meet the minimum transparency requirements stipulated in the table below. Windows and glazing used to meet this standard must allow views from habitable areas inside the building to the street or property line, except where obstructed by the display of merchandise for retail uses. Glass block, spandrel and windows in vehicular garage doors do not count toward meeting this standard. Required Minimum First Floor Transparency Primary Façade Secondary Façade R/A, OS, MHR, SR4, LI, HI n/a n/a SR6, GR6, UR 15% n/a NC, GC, HC, ICD, RMX, IMX* 50% 50% *Alternate standards for commercial uses greater than 40,000 square feet 40% n/a NMX, CCMX 70% 50% 5-6 CITY OF WILSON, NC

97 BUILDING DESIGN STANDARDS 5.3 DESIGN STANDARDS 5 C. Discretionary Standards 1. Building façades should include a clearly discernible base, body, and cap set apart with different colors, materials, patterns, profiles and/or textures. 2. Along street frontages, windows, main entrances, architectural treatments and other primary façade elements should be oriented toward the street. Image Source: The Infill Design Toolkit: Medium-Density Residential Development City of Portland Bureau of Planning, December, 2008 Above: Primary building façade elements should be oriented toward the street. Left: Buildings should have a clearly discernible base, body and cap. 3. New buildings should utilize Wilson s predominant palette of materials (including brick, wood and stone), and should specifically reflect the colors, shades and textures of surrounding development. Glass, stucco and synthetic stucco may be used as a primary material where deemed appropriate. 4. High-quality materials should be used for all building walls visible from a public street, park or civic space UTILITIES A. Design Principle: Mechanical equipment and utility connections are essential to building function but tend to have a negative influence on the character of the public realm and should be screened from view. B. Administrative Standards 1. All mechanical installations shall be positioned on the rear, side or top of the building or shall be screened with a fence, wall, native plants, parapet or similar feature so that they are not visible from any public street, park or civic space. 2. Wall-mounted utility service equipment, including electrical house panel boxes, shall not face any public street. 3. Ventilation grates or emergency exit doors located at the first floor level in the building facade, which are oriented to any public street, shall be decorative. Unless otherwise required by the building code, such grates and doors shall be located away from pedestrian spaces (sidewalks and pedestrian paths). C. Discretionary Standards: Mechanical equipment should be located out of view of the public realm, either behind buildings or on the roof, unless such equipment is integrated into architectural or sculptural accents, or if such equipment is associated with generating renewable energy and requires a different location to be most effective. UNIFIED DEVELOPMENT ORDINANCE Adopted

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99 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.1 PURPOSE AND INTENT 6 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.1 PURPOSE AND INTENT [Revises S-2; S(draft)-1.4] The purpose of this chapter is to establish criteria for the site development and subdivision of real property within the jurisdiction of the City of Wilson. These standards are set forth to: Provide for the protection of the public health, safety and welfare; and Promote the orderly growth and development of the City of Wilson; and Provide for suitable residential and nonresidential development with adequate streets, utilities and appropriate building sites; and Coordinate streets within proposed subdivisions with existing or planned streets and with other public facilities. 6.2 SCOPE AND APPLICABILITY [Revises S-3, 9.A, 9.F.5, 14; S(draft)-1.3, 1.5, 5.1 and 5.4.E] SCOPE The provisions of this chapter shall be applicable to all land within the city and city's extraterritorial jurisdiction area SITE PLAN & SUBDIVISION APPLICABILITY A. Subdivision Defined: For the purposes of this chapter, subdivision shall mean all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of new streets or a change in existing streets. B. Statutory E xemptions: The following are not included within the definition above, nor are they subject to the regulations of this ordinance, provided however, that any document or plat to be recorded pursuant to any such exclusion shall bear the notation: Exempt pursuant to the City of Wilson Unified Development Ordinance, and the signature of the Administrator before being presented for recordation. 1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the Unified Development Ordinance requirements of the city. 2. The division of land into parcels greater than 10 acres in size where no street right-of-way dedication is involved. 3. The public acquisition by purchase of strips of land for the widening or opening of streets. 4. The division of a tract in single ownership whose entire area is no greater than 2 acres into not more than 3 lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the Unified Development Ordinance requirements of the City of Wilson. 5. The conveyance to lineal descendants for the purpose of dividing real estate among said lineal descendants. At such time that any lineal descendants or UNIFIED DEVELOPMENT ORDINANCE Adopted

100 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.2 SCOPE AND APPLICABILITY their successors in interest develop or build upon their respective property, the property must conform in all respects to the regulations of the City of Wilson. C. Site Plans Defined: A site plan is an architectural and/or engineering drawing of proposed improvements for a specific lot that depicts such elements as building footprints, driveways, parking areas, drainage, utilities, lighting, and landscaping. D. Conformity Required: From and after the adoption of this chapter, no real property lying within the jurisdiction of the City of Wilson shall be developed or subdivided except in conformance with all applicable provisions of this ordinance. In addition, after the effective date of this chapter, no plat for subdivision of land within the jurisdiction of this chapter shall be certified for recording by the Administrator until it has been submitted and approved in accordance with the provisions of this section. E. Permits Subsequent to Plat Approval and Recording 1. Building Permits: The building inspector shall not issue building or repair permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein. 2. Well and Septic Tank Permits: The health officer shall not issue a permit for the installation of wells and septic tanks upon any lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein LAND SUITABILITY Land subject to flooding, improper drainage, and/or erosion; land that has been used for the disposal of solid waste and not adequately mitigated; and any other land deemed by the Administrator to be uninhabitable shall not be platted for residential or commercial occupancy, nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Such land shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions REQUIRED CONFORMANCE TO THE WILSON SPECIFICATIONS MANUAL The City of Wilson Manual of Specifications, Standards and Design (MSSD) is herein incorporated by reference. Conformance to the MSSD is required in addition to the standards in this ordinance OTHER RELEVANT STANDARDS FOR SITE PLANS AND SUBDIVISIONS In addition to the standards found in this chapter, standards in the following may also apply: Chapter 7: Parks and Open Space Chapter 8: Tree Protection, Landscaping and Buffers Chapter 9: Parking and Driveways Chapter 10: Lighting Chapter 11: Signs Chapter 12: Erosion, Flood, Stormwater and Watershed Standards 6-2 CITY OF WILSON, NC

101 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.3 REQUIRED IMPROVEMENTS FOR ALL DEVELOPMENT REQUIRED IMPROVEMENTS FOR ALL DEVELOPMENT [Revises S-10] All development which does not qualify as a Minor Subdivision according to the criteria in Section A shall be required to install or construct the improvements specified in the table below. The developer shall be responsible for the installation and construction of required improvements according to the provisions of this ordinance and the MSSD, except as may otherwise be specifically provided herein or by city policy or agreement. Zoning Districts Required Improvements R/A MHR SR4 SR6 NC GC HC ICD LI HI All Others Underground Drainage* - - X X X X X X X X X Curb and Gutter* - X X X X X X X X X X Public Water and Hydrants - X X X X X X X X X X Public Sewer - X X X X X X X X X X Street Lights - X X X X X X X X X X Street Trees - X X X X X X X X X X Paved Streets X X X X X X X X X X X Street Signs (public streets) X X X X X X X X X X X Underground Wiring X X X X X X X X X X X Park/Open Space X X X X X - - X Sidewalks (also see 6.7.1)* - - X X X X X X - - X * Administrator may wave required improvements with use of approved Low Impact Development Infrastructure. 6.4 CONNECTIVITY [Revises S-9.B, 9.E and S(draft)-5.2] GENERAL The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets. The proposed street system shall be designed to provide vehicular interconnections in order to facilitate internal and external traffic movements in the area, improve access/egress for city neighborhoods, provide faster response time for emergency vehicles, and improve the connections between neighborhoods. Street arrangements shall not be such as to cause hardship to the owner of adjoining property in platting their own land and providing convenient access to it. The images at left illustrate three conceptual subdivision layouts. The top image is an example of a poor layout with too few connections and many dead ends. The lower two images show improved street layouts with the required connections and a network of streets. (Diagrams courtesy of Fort Collins Colorado) UNIFIED DEVELOPMENT ORDINANCE Adopted

102 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.4 CONNECTIVITY A. Block L engths: Block lengths shall adhere to the standards in the following table: Minimum Block Length Maximum Block Length Rural & Suburban Districts* 240 feet 1,000 feet Urban Districts* 240 feet 600 feet *District classifications as urban vs. rural & suburban is outlined in Sections 2.3 and 2.4 B. Block Width: Blocks shall have sufficient width to provide for 2 tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. C. T hrough-block Connections: A pedestrian/bicycle accessway shall be required near the center and entirely across any block in excess of 800 feet in length where deemed essential by the Administrator to provide adequate access to any school, shopping center, church, park or transportation facility (such as a greenway, transit stop or bike lane). Such connections shall be owned and maintained by an approved homeowner s association. D. Culs-de-Sac: In general, streets with one end permanently closed shall be avoided unless the design of the subdivision and the existing or proposed street system in the surrounding area clearly indicates that a through street is not essential at the location of the proposed cul-de-sac. In instances where permanent dead-end streets or cul-de-sacs are permitted, they must adhere to the following requirements: 1. Maximum L ength: 800 feet, measured from the point of street centerline intersection to the center point of the cul-de-sac, and no more than 20 lots. 2. T urnaround Dimensions: The closed end of such streets shall be designed with turnaround dimensions in accordance with the MSSD. 3. Cul-de-sac Connections: For the purposes of meeting the connectivity index requirements in Section A, credit for 1 additional segment shall be given when a pedestrian/bicycle accessway is provided between the following: a. Two permanent culs-de-sac, or b. A cul-de-sac and any school, shopping center, church, park or transportation facility (such as a greenway, transit stop or bike lane). E. Street Jogs Prohibited: Street jogs with centerline offsets of less than 150 feet shall not be permitted. F. Reserve Strips Prohibited: Reserve strips and non-access easements adjoining street rights-of-way for the purpose of preventing access to or from adjacent property, and half-streets, except those required to prevent access to thoroughfares, shall not be permitted. G. Street Width Transition: Where a proposed street extends an existing street of a different width than what is required by this section, the width transition shall be made within the first block of the proposed development, but in no instance less than the distance specified by the Manual on Uniform Traffic Control Devices. H. Access to Major or Minor T horoughfares: Where a subdivision borders an existing or proposed Major or Minor Thoroughfare as designated on the Wilson Comprehensive Transportation Plan, no direct driveway access shall be permitted to such facilities from the lots within the subdivision. 6-4 CITY OF WILSON, NC

103 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.4 CONNECTIVITY EXTERNAL CONNECTIONS A. Minimum Street Connections: External street connections shall be provided at the rate of one for every 1,000 linear feet, or fraction thereof, of abutting property lines. Such connections shall be in the form of connections to existing public streets or street stubs to adjacent undeveloped properties. 1. N ew Street Stub Prioritization: When street stubs to undeveloped properties are provided in order to satisfy the minimum external street connection requirement, the following connections shall be prioritized: a. Adjacent parcels 20 acres or greater b. Adjacent parcels that abut or are traversed by existing or proposed thoroughfares. c. Where any adopted transportation or land use plan recommends a street connection. 2. Permanent Barricades: Permanent barricades shall be provided at the end of all street stubs. 3. Alternate Compliance: When the Administrator deems a required external street connection impractical due to severe topography, existing development, or other natural features, the city may require pedestrian/bicycle accessways in lieu of the required street connection(s). B. Continuation of Existing Street Stubs: New development shall connect to and continue streets from any existing street stubs on adjacent properties. C. Additional Connections to Greenways and Parks: When lots abut greenways, parks and open space areas, dedicated pedestrian/bicycle accessways must be provided to such features at a minimum of one accessway for every 900 linear feet, or fraction thereof, of abutting property lines INTERNAL CONNECTIONS The internal connectivity of a subdivision or development shall be evaluated using the connectivity index requirements below. A connectivity index is a ratio of the number of street segments divided by the number of street nodes. Nodes exist at street intersections as well as cul-de-sac heads. Segments are the stretches of road that connect nodes. Stub outs shall also be considered as segments, but street segments on existing adjacent streets that are not part of the proposed subdivision are not included in the connectivity index calculation. A. Minimum Connectivity Index: All development for which new streets are being constructed shall be required to achieve a minimum connectivity index of 1.3 unless the Administrator determines that compliance with this requirement is practically impossible due to topography, existing development, and/or natural features. B. Alternate Compliance: In the event that this requirement is waived, as provided for in A above, a 6-foot pedestrian trail and access easement shall be provided to link any cul-de-sac with the nearest adjacent street or pedestrian greenway. UNIFIED DEVELOPMENT ORDINANCE Adopted

104 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.4 CONNECTIVITY C. Illustration: The illustration at right provides an example of how to calculate the index. Example 1 does not meet the minimum connectivity index requirement. Example 2 illustrates a subdivision design with the same number of nodes that is in compliance with the minimum connectivity index requirement INTERSECTIONS A. T wo Street Maximum: The intersection of more than 2 streets at 1 point shall be avoided except where it is otherwise impracticable to secure a proper street system as determined by the Administrator. B. Angle of Intersection: Streets shall intersect one another at an angle as near to a right angle as possible, and no intersections of streets at angles less than 75 degrees shall be permitted. C. Intersection Radii: Except as otherwise provided, street intersections shall be rounded with a minimum radius of 25 feet measured at the back of curbs when the said intersection occurs at right angles. If an intersection occurs at an angle other than a right angle, it shall be rounded with a curve of a radius acceptable to the Technical Review Committee (TRC). In the NC, GC, HC, NMX, IMX and CCMX Districts, the TRC may permit comparable cut-offs or chords. Intersections in developments of 500 acres or more in the LI and HI Districts shall have a minimum radius of 50 feet. D. Sight T riangles: A 25-foot by 25-foot sight visibility triangle shall be maintained at all street intersections. Within the sight visibility area no fence, wall, sign (except regulatory and street name signs), slope, embankment, parked vehicle, hedge, foliage, or other planting or structure shall be placed, erected or maintained which will obstruct visibility within the sight area. This sight triangle requirement may be reduced by the Administrator at fully controlled intersections only PUBLIC TRANSIT CONNECTIONS Projects with 100 or more residential units, or 100,000 square feet of non-residential space, shall be reviewed by the Transit Manager for the provision of well-located space for a transit shelter or bus drop-off area. 6-6 CITY OF WILSON, NC

105 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.5 TRANSPORTATION PLAN CONFORMITY TRANSPORTATION PLAN CONFORMITY [Revises MSSD-Municipal Street Design ] The location and design of streets shall be in conformance with the officially adopted City of Wilson Comprehensive Transportation Plan (CTP), as provided for by NCGS , according to the provisions below PROPOSED NEW STREETS A. N ew Streets Designated in the CTP: Where a proposed subdivision or development includes any part of a thoroughfare which has been designated as such on the CTP, such part of such thoroughfare shall be reserved, platted, dedicated in the location shown on the plan and at the width specified in the CTP. B. N ew Streets N ot Designated in the CTP: Where a proposed subdivision or development includes a new street which is not included in the CTP, the developer shall plat, dedicate and construct the street in accordance with one of the preferred street sections outlined in the City Street Classifications in the MSSD. The street classification chosen shall be approved by the Administrator and shall reflect the expected intensity of land uses fronting the proposed street and the needs of the surrounding street network EXISTING SUBSTANDARD STREETS Development along existing streets of inadequate right-of-way shall provide additional right-of-way as follows: A. Improvements Specified in the CT P: For streets that have specific improvements outlined in the CTP, additional right-of-way shall be dedicated as deemed necessary by the Administrator to meet the width specified in the CTP. B. Improvements Specified in the City Street Classifications: If the Transportation Plan does not outline specific improvements for a street, development along existing streets shall dedicate additional right-of-way where necessary to meet the minimum widths specified by the City Street Classifications in the MSSD. C. Installation of Required Street Improvements: In addition to the dedication required in B and C above, the developer shall install all required street improvements that occur outside the planned vehicular travel lanes, including but not limited to, street trees, planting strips and/or tree wells, and sidewalks. UNIFIED DEVELOPMENT ORDINANCE Adopted

106 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.6 CITY STREET CLASSIFICATION & DESIGN 6.6 CITY STREET CLASSIFICATION & DESIGN [Revises Section S-5.2; MSSD-Municipal Street Design- Section 2.4 and MSSD Standard Detail ] The following standards are intended to provide general clarity for most conditions in Wilson. Deviations to these standards may be granted by the Administrator subject to generally accepted safety and engineering practices. For additional guidance, the city will use the Designing Walkable Urban Thoroughfares: A Context Sensitive Approach by the Institute of Transportation Engineers and the Congress for the New Urbanism RULES FOR ASSIGNMENT OF APPROPRIATE STREET DETAILS The illustration below is a simplified diagram of the many different parts that go into the assemblage of each street. Care should be taken to ensure that context plays a primary role in the selection of the various right-of-way elements. Image from Miami 21 Code A. Rights-of-Way: The right-ofway should be the minimum required to accommodate the street, median, planting strips, sidewalks, utilities and maintenance consideration. B. Measurement of Pavement Area Details: The dimensions established in the MSSD for lane widths, sidewalks, bike lanes and parking lanes indicate the required face-ofcurb to face-of-curb measurement, or to the edge of pavement for roadways with open drainage. C. T urn L anes: Dedicated right turn lanes, where required, may be taken from the parking lane. D. Dimension Ranges: Where ranges are given, the project designer should consult with the Administrator as to the appropriate detail. E. Street Signs: The developer shall reimburse the City of Wilson for the placement of all regulatory and street name signs in the development. Proposed street names and number systems will be reviewed by the Administrator and Wilson County Emergency Services. No duplicate/similar names are allowed as determined by these agencies. 6-8 CITY OF WILSON, NC

107 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.7 SIDEWALKS AND OTHER PEDESTRIAN FACILITIES CITY STREET CLASSIFICATIONS Unless otherwise indicated on the officially adopted Wilson Comprehensive Transportation Plan, all streets, public or private, shall comply with the preferred arrangement indicated on the street sections in the MSSD. Street sections may deviate from these standards where topographic and environmental conditions necessitate, as determined by the Administrator. A. Corresponding CTP Classification: The table below indicates which of the MSSD street sections correspond to the classifications established in the Comprehensive Transportation Plan. Corresponding Comprehensive Transportation Plan Classification MSSD Street Type Freeways Expressways Boulevards Other Major Minor Thoroughfares Thoroughfares Urban Boulevard Avenue Commercial Street Large Residential Street None None Residential Yield Street Lane Local Streets* Alley * All streets not mapped for specific improvements in the Comprehensive Transportation Plan are considered Local Streets 6.7 SIDEWALKS AND OTHER PEDESTRIAN FACILITIES [Revises S-9.B.23 and MSSD-Municipal Street Design-2.6.1] SIDEWALKS A. General Standards/ Location 1. Where required by Section 6.3, sidewalks shall be provided according to the classification of the existing or proposed street as designated in the MSSD. 2. Sidewalks shall be required along all streets indicated for sidewalks in the Wilson Comprehensive Pedestrian Plan. 3. Alternative facilities or payments in lieu may be considered in accordance with C and D below. B. Design Standards 1. Where existing sidewalk abuts an area where new sidewalk is to be developed, the new sidewalk shall be the same width as the existing sidewalk or meet the standards of the MSSD, whichever width is greater. 2. Multi-family and commercial developments shall provide sidewalks for the interior movement of pedestrians and to connect the public sidewalk system to building entrances and parking areas. 3. Within commercial areas and places with high pedestrian volumes, sidewalks should be designed to meet the anticipated pedestrian/traffic volume as well as accommodate outdoor seating areas. 4. Sidewalks shall be constructed of concrete or other approved materials (such as pavers) and built in accordance with the MSSD. UNIFIED DEVELOPMENT ORDINANCE Adopted

108 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.7 SIDEWALKS AND OTHER PEDESTRIAN FACILITIES 5. Where a planting strip cannot be provided due to right-of-way, topographic or existing building constraints, and therefore the sidewalk must be located immediately adjacent to the curb, the minimum required width of the sidewalk shall increase by one foot. Where, due to similar constraints, a sidewalk abuts a landscape or building wall of any kind, the minimum sidewalk width shall increase by one foot. 6. Where a multi-use path or greenway is required by the Comprehensive Pedestrian Plan and is located within the street right-of-way, such facilities shall be constructed in lieu of a normal sidewalk. 7. Installation and maintenance of brick sidewalks shall be permitted only as specified in the MSSD. C. Alternative Compliance: Alternative provisions for pedestrian movement meeting the intent of this section may be used where unreasonable or impractical situations would result from application of these requirements. Such situations may result from significant street trees, impending road widening, topography, utility easements, lot configuration or other unusual site conditions. In such instances, the Administrator may approve an alternate plan that proposes different pedestrian amenities provided that the intent of this section is fulfilled. D. Payments in L ieu: In lieu of alternative compliance outlined in Section C, above, the Administrator may approve a payment in lieu (in accordance with an adopted annual fee schedule) where any one or a combination of the following factors render compliance impractical: 1. Steep slopes; 2. Absence of existing sidewalks along the corridor and in the general neighborhood; and/or 3. Where sidewalks aren t shown on the Wilson Comprehensive Pedestrian Plan PEDESTRIAN / BICYCLE ACCESSWAYS Where pedestrian/bicycle accessways are required by this chapter, such facilities shall meet the following minimum requirements: A. Pavement Width: 6 feet B. E asement Width: 10 feet C. Surface Materials: The surface of accessways shall be constructed of a smooth, compactable material that is accessible for wheelchairs and strollers. Acceptable materials include asphalt, concrete, and crushed stone GREENWAYS Where greenways, are required by this ordinance, the Wilson Comprehensive Transportation Plan or any other adopted plans, such facilities shall meet the following minimum requirements: A. Pavement Width: 10 feet B. E asement Width: 15 feet 6-10 CITY OF WILSON, NC

109 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.8 BICYCLE FACILITIES 6 C. Connections: Greenway stubs at property lines should be placed in areas that are easily accessible for future connectivity through adjacent parcels. D. Surface Materials: Compact gravel, concrete, or asphalt or other material approved by the Administrator PEDESTRIAN CROSSWALKS Mid-block crossings, bulb-outs, raised crosswalks and similar crossing techniques should be commonly used to accommodate pedestrians when appropriate for traffic conditions and site specific situations as directed by the Administrator. All designs shall be consistent with the city s adopted Pedestrian Plan. A. Curb Ramps: Wherever sidewalks, pedestrian/bicycle accessways, greenways, or other pedestrian facilities intersect streets with curb and gutter drainage, curb cuts and ramps commonly used to provide accessibility for persons with disabilities shall be provided. Where sidewalks are not required, the curb return shall be depressed to allow for the future connection of curb ramps. B. Midblock Crosswalk: A pedestrian crosswalk not less than 10 feet in width shall be required across any street segment in excess of 800 feet in length where deemed essential by the Administrator to provide adequate access to any school, shopping center, church, park or transportation facility. When required such crosswalks shall utilize ladder striping to enhance their visibility. 6.8 BICYCLE FACILITIES [Revises S(draft)-5.3] REQUIREMENT FOR INSTALLATION A. Facilities Designated by Adopted Plans: Bike lanes or separate off-street multiuse paths shall be installed on developer-built or modified roadways where designated for such by the Wilson Bicycle Plan, the Wilson Comprehensive Transportation Plan and any other adopted plan. B. Reservation Required: Where a proposed development is adjacent to required bikeway facilities as outlined in A above, but does not include the construction of new streets, or the modification of existing streets the developer shall reserve right-of-way and/or easement sufficient to accommodate the appropriate bikeway facility DESIGN STANDARDS Bike lanes and bike paths shall be designed according to the North Carolina Bicycle Facilities Planning and Design Guidelines published by NCDOT and shall include all appropriate signage and pavement markings. Variations from the NCDOT standards may be allowed subject to approval from the Administrator based on the standards below. 6.9 TRANSPORTATION IMPACT ANALYSIS [Revises MSSD-Municipal Street Design-Section 2.9] The Transportation Impact Analysis (TIA) is a specialized study that evaluates the effects of a development s traffic on the surrounding transportation infrastructure. It is an essential part of the development review process to assist developers and government agencies in making land use decisions involving annexations, subdivisions, rezonings, special land uses, and other development reviews. The TIA helps identify where the development may have a significant impact on safety, traffic and transportation operations, and provides a means for the developer and government agencies to mitigate UNIFIED DEVELOPMENT ORDINANCE Adopted

110 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.9 TRANSPORTATION IMPACT ANALYSIS these impacts. Ultimately, the TIA can be used to evaluate whether the scale of development is appropriate for a particular site and what improvements may be necessary, on and off the site, to provide safe and efficient access and traffic flow APPLICABILITY A. The following table identifies the level of analysis required, if any, for different types of proposed development. Level of Study Required Industrial or Residential Office Hotel by Development Type Warehouse None (unless located in <100 <150 <200 units <50,000 sf area of special concern) rooms employees 100 to 200 to ,000 sf to 150 to 1,000 Standard TIA* 500 units 350,000 sf employees rooms >500 >1,000 Enhanced TIA* >500 units >350,000 sf rooms employees *See the MSSD for specific requirements of Standard and Enhanced TIAs B. E xemptions: Retail/Shopping Center n/a <100,000 sf >100,000 sf 1. The following projects shall not require the submission of a TIA: Other <100 peak hour trips 100 to 500 peak hour trips >500 peak hour trips a. Developments approved prior to the effective date of this ordinance that have maintained valid permit approval. b. Redevelopment of any site on which the additional traffic at peak hour represents an increase of less than 100 trips from the previous development, where the redevelopment is initiated within 12 months of the completion of demolition of the previous development. c. Minor Site Plans as outlined in Section When a waiver from the TIA requirements of this section is granted pursuant to Section B above, the City Engineer shall include the reason for the waiver in the City Engineer s decision or recommendation on the application. 3. An applicant who obtains a waiver under this section must mitigate adverse effects of the traffic generated from a proposed development. 4. The traffic generated from a proposed development for which the requirement to submit a TIA was waived may not endanger the public safety or increase traffic to level of service below the minimum required in Section A. C. TIA Requirements: The specific requirements for Standard and Enhanced TIAs are specified in the MSSD REQUIRED TRANSPORTATION IMPROVEMENTS A. Minimum Projected Level of Service: Improvements shall be required if the minimum projected level of service (LOS) on any major or minor thoroughfare is less than minimum established in the table below. When required, improvements shall be made by the developer to ensure and/or maintain the minimum LOS of either the roadway or intersection where the TIA has determined the LOS would be diminished CITY OF WILSON, NC

111 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.10 IMPROVEMENT GUARANTEES 6 District NMX, IMX, CCMX GR6, UR, RMX, ICD R/A, OS, MHR, SR4, SR6, NC, GC, HC, LI, HI Minimum Acceptable Level of Service (LOS) LOS E Road operation is at capacity. Traffic flow may be irregular and vary widely. This is a common standard in urban center areas where some traffic congestion is considered inevitable and acceptable. LOS D Road is experiencing decreasing free-flow operation. Freedom to maneuver within the traffic stream can be limited. This is the typical target LOS for most urban streets during peak hours. LOS C Road is at or near free-flow operation. Roads remain efficiently below but close to capacity. This is the typical target LOS for most rural and some urban highways. B. Action on Development Applications: The City Engineer may deny any development application for which a TIA is required if the results of the TIA demonstrate that the development as proposed will endanger the public safety or result in a LOS below those specified in Section A. In such event, an applicant may modify and resubmit an application to minimize the traffic-related effects identified in the TIA. Such modifications may include: 1. A reduction in the projected vehicle trips per day; 2. The dedication of additional right-of-way; 3. The rerouting of traffic and proposed access and egress points; 4. Participation in the funding of a traffic signal or intersection improvement; and 5. Other modification determined to be necessary. C. Payments-in-lieu of Required Transportation Improvements: At its discretion, the City Council may, by resolution, accept a fee paid to the city in lieu of required transportation improvements identified on the TIA. The fee shall be equal to the costs of the required improvements, as determined by the Administrator. A combination of improvements and payments-in-lieu of may also be permitted. Payments-in-lieu of required improvements shall be paid to the city prior to the final approval of the development plan IMPROVEMENT GUARANTEES [Revises S-7.D, 8.B and S(draft)-3.4, 4.6, 4.9 and MSSD Municipal Street Design Section 6] GENERAL A. Before recordation of a final plat of a subdivision, the Administrator must be satisfied that all improvements required by this ordinance have been constructed. B. In lieu of the completion of the improvements required by this section, the city may enter into a financial guarantee agreement with the developer whereby the developer shall agree to complete all required improvements. C. The financial guarantee or surety will be subject to the following conditions: 1. The guarantee shall be in an amount equal to 125% of the cost of construction of the outstanding improvements based on an estimate by the City Engineer. 2. The improvements will be completed within 12 months after approval of the financial guarantee and upon receipt of the corresponding security documents. UNIFIED DEVELOPMENT ORDINANCE Adopted

112 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.10 IMPROVEMENT GUARANTEES GUARANTEES A. Types of Guarantees: To secure this agreement, the developer shall provide, subject to the approval of the Administrator and City Attorney, either one or a combination of the following guarantees 1. The deposit of a certified check, 2. A letter of credit duly executed by a local bank located in Wilson and payable to the city, or. 3. Another form of surety, together with an assignment of such security payable to the City of Wilson, as approved by the Finance Director. B. Default by Developer: In the event such improvements are not completed as required by the ordinance, the city shall proceed with the work and hold the owner and the guarantor jointly responsible for the costs thereof by redeeming such portion of the financial guarantee as may be necessary to complete the required improvements. C. Release of Financial Guarantee: Upon completion of the improvements, the city shall release any assignment placed upon such account, certificate or other surety WARRANTY AGAINST DEFECTS The developer shall be responsible for the maintenance and repair of all new streets, stormwater structures controls and other required utilities and warranty such improvements according to the provisions in the MSSD Plan Review, Permitting, Construction & Acceptance, Section 5. A. Significant Failures Reset Warranty Period: If a significant failure of the warranted improvements occurs, including pavement, trench, or subgrade failure of streets, at any time during the warranty period specified in the MSSD, the Administrator shall suspend the warranty until the failure is repaired to an acceptable condition. Upon completion of the repair, a new warranty period shall commence on the entire project. B. Warranty Inspection: At least 30 days prior to the expiration of the warranty period as outlined in the MSSD, the developer shall request a warranty inspection. Upon successful completion of all warranty items, the developer shall be released from maintenance responsibilities for the warranted construction ACCEPTANCE BY CITY A. E ffect of Plat Approval on Dedications: Pursuant to G.S. 160A-374, the approval of a plat shall not be deemed to constitute or affect the acceptance by the city of the dedication of any street or other ground, public utility line or other public facility shown on the plat. However, the City Council may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, greenways, trails, public utility lines or other public purposes when the lands or facilities are located within its corporate limits. B. Provision of Services: The city will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service, from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been formally accepted by the city. Until streets have been formally accepted by the city, the 6-14 CITY OF WILSON, NC

113 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.11 EASEMENTS AND DEDICATIONS 6 subdivider shall be responsible for keeping such streets barricaded and/or posted "closed to through traffic. C. Maintenance of Accepted Improvements: The city will assume all maintenance responsibility on all streets and other improvements formally accepted by the city EASEMENTS AND DEDICATIONS [Revises S-9.D, 9.G; S(draft)-2.2, 4.7, 5.5 and 5.6] REQUIRED EASEMENTS A. E asement Width: Easements shall be conveyed to the city or other appropriate agency for underground and overhead utility installation, stormwater drainage, pedestrian/bicycle access, and other purposes as required by the city. Easements shall be centered along front, rear or side lot lines. The minimum width for easements shall be determined by the Administrator. Widths will vary based on the number of utilities placed within an easement area, the depth of utilities, and other related factors in order to ensure enough space for their future maintenance. The Administrator will set easement widths based on topography, on-site soils, number of utilities, etc., in accordance with the MSSD. B. Surface Drainage E asements: Easements for watercourses and drainage channels shall conform to the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. C. Utility Cuts: An encroachment permit will be required for any entity wishing to excavate or place utilities in the city right-of-way (see the City of Wilson s Right of Way Regulations and Procedures.) Pavement cuts in streets made by the company or the city shall be repaired in accordance with the MSSD RESERVATION / DEDICATION OF PUBLIC SITES AND FACILITIES A. School Sites: If the City Council and the Wilson County Public Schools have jointly determined the specific location and size of any school sites to be reserved in accordance with the City of Wilson Comprehensive Plan, planning staff shall immediately notify the Board of Education in writing whenever a sketch plan for a subdivision is submitted which includes all or part of a school site to be reserved. The Board of Education shall promptly decide whether it still wishes the site to be reserved. If the Board of Education does wish to reserve the site, the subdivision shall not be approved without such reservation. The Board of Education shall then have 18 months, beginning on the date of final approval of the subdivision, within which to acquire the site by purchase or by initiating condemnation proceedings. If the Board of Education has not purchased or begun proceedings to condemn the site within this time period, the developer may treat the land as freed of the reservation. B. Other Public Sites Indicated on Land Use Plan: Where a proposed park, playground or other public use shown in a land use plan is located in whole or in part within a subdivision, the subdivision shall dedicate or reserve adequate space for such purpose in such area within the subdivision, according to the requirements of Chapter 7. All property shown on the plat as dedicated for public use shall be deemed to be dedicated for any other public use authorized by the City Charter or any general, local or special law pertaining to the city when such other use is approved by the City Council in the public interest. UNIFIED DEVELOPMENT ORDINANCE Adopted

114 6 SUBDIVISION AND INFRASTRUCTURE STANDARDS 6.11 EASEMENTS AND DEDICATIONS C. Common Areas N ot Dedicated to the City: Property owners association covenants shall be established and recorded that guarantee the association s responsibility for the ongoing liability, taxes, and maintenance of recreational and other common facilities, including private streets, which are not dedicated to the city. Prior to approval of any final plat, the Administrator shall review the covenants of any property owners association to ensure compliance with city requirements CITY OF WILSON, NC

115 PARKS & OPEN SPACE 7.1 PURPOSE AND INTENT 7 7 PARKS & OPEN SPACE 7.1 PURPOSE AND INTENT It is the intent of this ordinance to require that new development provide centrally-located, unencumbered land as neighborhood parks for human use as well as cohesive and viable natural habitats as preserved open space. Parks, as defined by this chapter, are distinct from those areas that are environmentally significant and must be otherwise protected from human transgression as noted in Chapter PARK DEDICATION AND OPEN SPACE CONSERVATION REQUIREMENTS Any person developing and/or subdividing property for residential purposes subject to this ordinance shall be subject to the dedication requirements as follows: REQUIRED PARK DEDICATION/OPEN SPACE CONSERVATION TABLE The amount of park space required for dedication and open space required for conservation (measured as a percentage of the gross area of development) shall be as follows: Context Districts Required Parks (Improved) 7.4 Required Open Space (Unimproved) 7.5 Rural R/A Exempt Exempt or 40%* OS Exempt Exempt MHR 5% 5% Suburban SR4, SR6 5% 5% NC, GC, HC 5% Exempt ICD Exempt 25% LI, HI Exempt Exempt Urban GR6, UR, RMX 5% Exempt NMX, IMX, CCMX 2% for projects 2 acres or greater Exempt * Any development/subdivision in the R/A District which is connected to both public water and sewer shall utilize the 40% alternate standard for cluster development CREDIT FOR PROXIMITY TO EXISTING PARK A. Developments that are proximate to an existing city-owned, publicly-accessible park, which meets the park standards in Section 7.4, shall count all such lands in their park dedication requirement, as follows: 1. Adjacent (sharing a property boundary): Credit of area of adjacent park up to 50% of required park dedication. 2. Within ¼ mile: Credit of area of park area or shared park use up to 25% of required park dedication EXEMPTIONS A. N on-residential & Mixed-Use Development: Park space is required only for those areas that are exclusively residential. Commercial and vertically mixed-use buildings and associated areas are exempt from these standards. B. Designated Greenway Connections N ot E xempt: The above exemptions shall not apply to any areas designated as future greenways on an adopted plan. All UNIFIED DEVELOPMENT ORDINANCE Adopted

116 7 PARKS & OPEN SPACE 7.3 PAYMENT IN LIEU OF PARK SPACE DEDICATION developments shall provide a 15-foot minimum width public pedestrian and nonmotorized vehicle easement along all such areas LOCATION OF DEDICATED LAND A. Land dedicated to satisfy the requirements of this section shall be within or adjacent to (sharing a property boundary) the proposed development except as follows: 1. Upon approval of City Council, an applicant may dedicate an equitable amount of land in another location. 2. Such satellite dedications shall be reviewed and recommended to City Council by the Administrator and the Parks and Recreation Director. 3. A combination of satellite dedication and a payment-in-lieu of dedication may be permitted. 7.3 PAYMENT IN LIEU OF PARK SPACE DEDICATION Any person developing and/or subdividing property subject to this chapter may, upon approval of the Administrator, make a payment in lieu of any required dedication of public recreational space, except that the dedication requirement for any areas designated as future greenways on an adopted plan are not eligible to be met by payments in lieu of dedication FEE DETERMINATION AND DISBURSEMENT A. Determination of Payment In L ieu: Payment in lieu of dedication shall be the product of the post-development appraised value of the land (per gross acre) to be developed multiplied by the number of acres to be dedicated. The following formula shall be used to determine the fee: Post Development Appraised Value of Entire Development (per gross acre) X Required Park space Dedication (acres) =Payment in Lieu Dedication Fee B. Determination of Post Development Appraised Value: The Post Development Appraised Value of the Entire Development shall be established prior to Preliminary Plat approval by an Appraiser who is a Member of the Appraisal Institute (MAI) or a North Carolina General Certified Appraiser. C. Credit for Park and Greenway Connections: Credit toward a payment in lieu shall be given for the cost of constructing pedestrian/bicycle accessways that connect to existing parks or greenways, up to a maximum of 50% of the required payment in lieu. Such pedestrian/bicycle accessways shall meet the standards of Section and the City of Wilson Manual of Specifications, Standards and Design. D. Disagreements Regarding Payments In Lieu: Any disagreement in the amount of required payment shall be resolved by conducting a professional appraisal of the fair market value of the property. The professional appraiser shall be mutually agreed upon by the developer and city. An appraiser shall be appointed by the city, at the developer s expense, should an agreement not be reached. E. Disbursement of Payments In Lieu: All payments made in lieu of dedication shall be made at the time of Final Plat approval or prior to the issuance of the first Certificate of Occupancy (whichever comes first as appropriate). Failure to submit the required fee along with such applications will delay approval of such 7-2 CITY OF WILSON, NC

117 PARKS & OPEN SPACE 7.4 PARK STANDARDS 7 submissions until payment is rendered. All funds received for payment in lieu of dedication shall be deposited in a special fund or line item to be used only for the acquisition, development, or redevelopment of public recreation space by the city REQUIRED PAYMENTS IN LIEU A payment in lieu of dedication may be required by the Administrator. Reasons for requiring payments in lieu of dedication may include, but are not limited to, sufficient proximity to existing public parks as determined by the Director of Parks and Recreation and/or existing topographic or geographic conditions as determined by the Administrator. 7.4 PARK STANDARDS All land dedicated for required parks shall meet the criteria below and be approved by the Administrator: REQUIRED PARK TYPES Park, as required by the district provisions, shall conform to one or more of the following typologies. A. Park/ Greenway: A natural preserve available for unstructured recreation. Its landscape shall consist of paths and trails, meadows, waterbodies, woodland and open shelters, all naturalistically disposed. Parks may be linear, following the trajectories of natural corridors. The minimum size shall be 4 acres, except that greenways shall have no minimum size. B. Green: An open space available for unstructured recreation. A Green may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the maximum shall be 4 acres. C. Square: An open space available for unstructured recreation and civic purposes. A Square is spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important streets. The minimum size shall be 1/4 acre and the maximum shall be 2 acres. D. Playground: An open space designed and equipped for the recreation of children. A playground shall be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum size. E. Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Community gardens should accommodate individual storage sheds. There shall be no minimum or maximum size. UNIFIED DEVELOPMENT ORDINANCE Adopted

118 7 PARKS & OPEN SPACE 7.4 PARK STANDARDS LOCATION A. Land for parks shall be centrally and internally located so as to serve the needs of the residents of the neighborhood or the residents of the immediate area within which the development is located. B. Required parks shall provide focal points for developments and the city. C. For developments which abut or include areas described in the Wilson 2030 Comprehensive Plan or any other adopted plan as park, recreation, or open space land, the city may require that the park be located in accordance with the proposed site or portion of an existing site as shown. D. For developments that abut or include areas designated as future greenways on an adopted plan, the Administrator shall require a 20-foot minimum width public pedestrian and non-motorized vehicle easement be dedicated along all such areas TOPOGRAPHY A. The average slope of land for active recreation shall not exceed 7 ½% B. The average slope of land for passive recreation shall not exceed the average slope of the entire neighborhood or development, and in no case shall the average slope exceed 15% SHAPE & DIMENSIONS A. The shape and dimensions of the dedicated land shall be such as to be deemed usable for the recreational activities proposed, as determined by the Administrator. Any area or segment of an open space less than 60 feet in width shall not be calculated as usable open space unless it is clearly part of an overall open space system, such as a pedestrian walkway, in which case a minimum of 20 feet in width shall be required. [From Z-3.31.A.4.b] B. All parks shall have at least 60 feet of frontage on at least one public street within the development UNITY The land dedicated shall form a single parcel of land except where two or more parcels are necessary to meet the ¼ mille accessibility requirement in Section 7.4.6, or where it is determined by the Planning Board, upon the recommendation of the Director of Parks and Recreation, that two or more parcels would be in the public interest. [From Z D.1] ACCESSIBILITY A. All parks shall be conveniently accessible to all residents of the development, and B. No residential unit within a development shall be further than 1,320 feet (or ¼ mile) from a park as defined above or other publicly-accessible park facility USABILITY A. Usability of Required Park Space (Improved): 1. All required park space shall be located outside Special Flood Hazard Conservation Areas, floodways or any wetlands subject to State or Federal regulatory jurisdiction. 7-4 CITY OF WILSON, NC

119 PARKS & OPEN SPACE 7.4 PARK STANDARDS 7 2. At least 1/3 of the total land dedicated shall be located outside Special Flood Hazard Areas. 3. Up to ½ of required park space in a Park/Greenway typology (7.4.1.A) may be comprised of lakes, ponds or man-made stormwater features provided that these areas meet the following criteria to establish them as a useable park space as determined by the Administrator. a. Such areas must be designed as a focal point of the development, and must be part of a larger park area that meets all of the park standards contained in Section 7.4. b. Such areas must be designed explicitly for recreational use through the inclusion of a dock, pier, boardwalk or other structure or feature that permits users direct access to the water feature. c. The perimeters of such areas must be improved with native plantings and landscaping or a vertical retaining wall constructed of brick, stone or other natural material. Rip rap, shot rock, rock armor or other typical large aggregate reinforcement mechanisms shall not be used as a visible finishing material. B. Usability of Required Open Space (Unimproved): All required open space (unimproved) area may lie within a Special Flood Hazard Area, but none shall be located within a Special Flood Hazard Conservation Area, floodway or any wetlands subject to State or Federal regulatory jurisdiction. C. Utility E asements Shall N ot Satisfy Dedication Requirements for Park Space: Easements for public utility transmission lines shall not receive credit in the computation for the amount of park space required, but may be used in the computation for required open space (unimproved). [Adapted from Z-3.31.D.6] D. Sufficient E ngineering Data Required with Development Applications: Within the area proposed for dedication, sufficient engineering data and/or detail shall be indicated to insure compliance with this section. [From Z-3.31.D.6] MINIMUM AMENITIES Required park shall be planned, improved, and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and shall contain two or more of the following enhancements: landscaping, walls or pathways, fences, walks, utilities, irrigation, fountains, ball fields, and/or playground equipment. A. Minimum Amenities (All Park T ypes as defined in Section 7.4.1): 1. Public Seating: Provide seating areas appropriate to the intended use of the space (e.g., park benches and moveable chairs in formal/active spaces and garden wall seats in informal/passive spaces). A minimum of 2.5 linear feet of seating shall be provided for every 10,000 square feet of open space (up to 4 acres) with a minimum of 10 linear feet of seating. Seating should be more than 12 inches and less than 30 inches in height and not less than 16 inches in depth. Seating more than 28 inches in depth and accessible from two sides will count double. Moveable chairs are encouraged and each count as 2 ½ linear feet of suggested seating. 2. Supplement Tree Planting/Significant Species Preservation: A minimum of 1 tree (3 inch caliper minimum measured 6" above the ground at installation) to be planted in at least 350 square feet of soil or 1 preserved existing canopy tree a minimum of 12 caliper for every 2,500 square feet of required park. UNIFIED DEVELOPMENT ORDINANCE Adopted

120 7 PARKS & OPEN SPACE 7.5 UNIMPROVED OPEN SPACE DESIGN STANDARDS 3. Water: 1 water tap for each 5,000 square feet of each landscaped park. 4. Trash Receptacle: 1 garbage receptacle and 1 recycling receptacle for each 5,000 square feet of each physically separated park. B. Additional Provisions for Parks (as defined in Section A): At least 25% of the park land shall be dedicated to active recreation purposes such as playgrounds, tennis courts, ball fields, volleyball courts, etc. The remainder of the park may be designed for passive recreation purposes such as walking, jogging, cycling, relaxation, etc. Preservation of natural or cultural resources such as steep slopes, rock outcroppings, mature woodlands or water resources may also be counted towards passive recreation provided there is some method for public enjoyment and appreciation of such resources. C. Additional Provisions for Greenways (as defined in Section A): A greenway path is credited toward the minimum park dedication requirement at a rate equal to the length of the path times 20 feet in width. The minimum width of the paved path shall be 10 feet. A greenway may include a utility corridor with a paved path material approved by the Department of Parks and Recreation Director. D. Additional Provisions for Playgrounds (as defined in Section D): Playground equipment shall be equivalent to the standards established by the city for playgrounds. Playgrounds shall include playground equipment approved by the Department of Parks and Recreation Director and shall include playing surfaces covered with sand, wood chips, or other approved materials. Basketball or tennis courts, if included, may be paved with asphalt or concrete, crushed gravel, brick pavers or similar material. 7.5 UNIMPROVED OPEN SPACE DESIGN STANDARDS In lieu of required park space that is expected for active or passive use, some development in certain districts may only require simple open space. Open space, for the purposes of this section, shall be defined as those areas set aside and protected from development and may be left in a generally unimproved state. Public accessibility is not required or expected but is permitted. If open space is dedicated to Wilson County a City of Wilson public accessibility easement or dedicated right-of-way is required. Where practical, the following priority list shall be used for the conservation of such areas: Primary Conservation Areas (riparian corridors, special flood hazard areas, unique geological formations, rock outcroppings, rare plants, rare plant communities, rare habitats, wetlands, & prime agricultural areas/farmland) Unbuildable Areas (areas that have highly erodible soils or slopes in excess of 60%) 7.6 OWNERSHIP & MAINTENANCE Dedicated park land shall be separately deeded to either a homeowner s association, a non-profit land trust or conservancy, Wilson County, to the City of Wilson (upon approval by the City Council), or may be held in private ownership with conservation easements recorded in the Wilson County Register of Deeds in a form approved by the city. A metes and bounds description of the space to be preserved and limits on its use shall be recorded on the development plan, in homeowner covenants, and on individual deeds when open space lands are not held entirely in common. Alternative means of permanent open space preservation may include acceptance by a land conservation trust or a unit of government. Private management alternatives will also be permitted. Non-public ownership strategies must be accompanied by a long-term maintenance plan. Ownership by a non-profit land trust or conservancy must be recorded by contract in a form approved by the city. 7-6 CITY OF WILSON, NC

121 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.1 PURPOSE 8 8 TREE PROTECTION, LANDSCAPING AND BUFFERS [Revises Section Z-12] 8.1 PURPOSE [Revises Z-12.A] The appropriate use of existing and supplemental landscaping enhances the aesthetic appearance of Wilson. Trees and plants contribute to the overall quality of the community and provide aesthetic, environmental and economic benefits. The purpose of this section is to: Enhance appearance and increase property values in the City of Wilson. Provide visual buffers and transitions between dissimilar land uses and protect abutting properties from potential negative impacts of neighboring development and to preserve the character and value of a property and provide a sense of privacy. Improve the visual quality of the City of Wilson and minimize the potential impacts of development such as noise, dust, and glare of lights. Improve the quality and efficacy of stormwater run-off while also providing opportunities for climatic control and reduced electricity costs. Contribute to the overall quality of life and the built environment in Wilson. 8.2 APPLICABILITY [Revises Z-12.B] APPLICABILITY MATRIX The standards contained in this chapter shall apply to the following development conditions: Development Condition New Construction (Except Single-Family and Two-Family Dwellings on Previously Platted Lots) Expansion of Parking Areas (Less than 50% of Total Existing Area or less than 12 spaces) Expansion of Parking Areas (50% or Greater of Total Existing Area or 12 spaces or more) Building Expansion (Less than 50% of Existing Floor Area) Building Expansion (50% or Greater of Existing Floor Area) Change of Use (From Residential to Non-Residential, OR any change of use which requires a more dense buffer yard) Change of Use (From Non-Residential to another Non- Residential) Building Interior and/or Exterior Renovation Only Applicability All standards apply All standards apply only to the parking lot expansion areas. All new and existing parking areas and non-conforming street frontages per Section 8.6 shall be brought into full compliance with this chapter. All standards shall apply only to the area around the addition that is parallel to any edge of the expansion area and extending to the property line or street pavement edge. This includes required street trees. (See diagram) The entire site shall be brought into full compliance with this chapter. The entire site shall be brought into full compliance with this chapter. The site shall be brought into compliance with Sections 8.4 and 8.5. Compliance with this chapter is not required. UNIFIED DEVELOPMENT ORDINANCE Adopted

122 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.2 APPLICABILITY REQUIRED SITE LANDSCAPING AREAS The diagram below is intended to provide guidance by illustrating the type of landscaping areas and buffer yards required by this chapter. This diagram is not inclusive of the required landscaping and buffer areas for all development applications. 1. Building perimeter landscaping (NC, GC & HC Districts only, see Section 8.5.3) 2. Commercial building (NC District) 3. Planting strip (5-foot minimum width, see Section 8.5.1) and sidewalk (see Section 6.9) 4. Parking areas (see Section 8.6 for landscaping requirements) 5. Mixed-use buildings (NMX District) 6. Watercourse buffer (see Section 8.8) 7. Required buffer yard (see Section 8.7) 8. Single family detached residential lots (SR4 District) LANDSCAPE PLAN REQUIRED Prior to obtaining a Compliance Certificate, an applicant must receive approval of a landscaping plan that shall satisfy the requirements of this chapter REVISIONS TO LANDSCAPE PLAN Revisions due to lack of plant availability may be approved by the Administrator if: A. There is no reduction in the quantity of plant material. B. There is no significant change in size or location of plant materials. C. The new plants are of the same general category (i.e., canopy trees, understory trees, shrubs, groundcover) and have the same general design characteristics (mature height, crown spread) as the materials being replaced. D. The new plants are appropriate to Wilson s local climatic conditions in terms of seasonal hardiness and ease of maintenance GENERAL PROVISIONS A. Landscaping must be installed, inspected and approved prior to the issuance of a Certificate of Occupancy. A Certificate of Occupancy accompanied by a bond as 8-2 CITY OF WILSON, NC

123 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.3 TREE PROTECTION ON PUBLIC PROPERTY 8 noted in B, below, may be granted to permit installation of required landscaping subsequent to occupancy of the building. B. If the season or weather conditions prohibit planting, the developer may provide a bond, an irrevocable letter of credit, or other financial surety in an amount equal to 125% of the cost of installing the required landscaping to guarantee the completion of the required planting. The financial surety shall be canceled and/or returned upon completion of the required landscaping. C. The owner of the property where required landscaping is planted shall be responsible for the maintenance and protection of all required plant and screening materials so as to continue their effectiveness. The owner shall replace any required plantings, which die or otherwise fail to satisfy the requirements of this chapter, within 180 calendar days with an equal or similar species and size. When plant material is severely damaged due to unusual weather conditions, disease, fire or unforeseen natural occurrences, the owner shall have up to 365 calendar days to replant with submittal of a guarantee. Failure to maintain or replace dead, damaged, or diseased material or to repair a broken fence or wall shall constitute a violation D. If existing vegetation is to be used in complying with any part of this section, a plan for the protection of this vegetation during construction must be incorporated into the landscape plan and approved by the Administrator. E. If a wall, fence or berm is used in conjunction with any vegetation to satisfy any requirements of this chapter, all required vegetation shall be placed on the side of the fence or wall of the property(ies) adjacent to the development site under consideration ALTERNATIVE COMPLIANCE A. Landscape plans proposing alternative methods of compliance may be used where unreasonable or impractical situations would result from application of the specific landscaping requirements in this chapter. Such situations may result from streams, natural rock formations, topography or other physical conditions; or from lot configuration, utility easements or unusual site conditions. B. The Administrator may approve an alternate plan which proposes different plant materials or placement, provided that quality, effectiveness, durability, and performance are equivalent to that required by this section. C. Decisions of the staff regarding alternate methods of compliance may be appealed to the Board of Adjustment in accordance with Section TREE PROTECTION ON PUBLIC PROPERTY [Adapts City Code Part III-Chapter 37] The purpose of this section is to regulate the planting, maintenance and removal of trees on public property and rights-of-way within the city and municipally-owned property wherever located. In order to protect and conserve trees on public property and rights-of-way, this chapter provides for the pruning, treatment and removal of trees and shrubs on private property and the regulation of digging or other activities on private property which may endanger such trees. This section is also intended to provide for the trimming or removal of trees on private property when they obscure streetlights, interfere with utility lines or constitute a hazard to pedestrian or vehicular traffic, thus endangering the public health, safety or welfare. This chapter is enacted by authority of, and made applicable to the city by, Chapter 328 of the 1977 Session Laws of the General Assembly of North Carolina. UNIFIED DEVELOPMENT ORDINANCE Adopted

124 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.3 TREE PROTECTION ON PUBLIC PROPERTY PLANTING, MAINTENANCE, OR REMOVAL (PERMIT REQUIRED) A. Maintenance or Removal of Trees on Public Property: Any tree located within the public right-of-way or other public area is property of the City of Wilson and shall not be removed, fertilized, destroyed, cut, severely pruned (including the root system), treated or otherwise disturbed in any manner by any person or entity other than the City of Wilson, without permission from the Administrator authorizing such action. Any work performed under such permission must be done in strict accordance with any arboricultural specifications and standards of practice imposed by the city. B. Planting of T rees on Public Property: Any person desiring to plant a tree or shrub upon any public right-of-way or public area must also obtain a permit from the Administrator. C. Treatment of Trees by Utility Companies: When a permit is given by the Administrator to a public service corporation or utility to trim or perform other operations affecting trees on public areas and rights-of-way pursuant to this chapter, the amount of such trimming or extent of other operations shall be limited by the actual necessities of the service of the company or utility and such work shall be done in a neat and workmanlike manner and according to the specifications of the Administrator. D. Protection During Surveying: No tree located on public property or within a required tree protection area shall be removed for the purpose of surveying without an approval from the Administrator INJURING TREES OR SHRUBBERY IN PUBLIC PLACES A. Impervious Material & Protecting Roots: It shall be unlawful for any person, except with written permit, to place or maintain upon the ground in any public right-of-way or public area any stone, cement or other impervious substance as may obstruct the free access of air and water to the roots of any tree or shrub. B. Protecting Trees During Construction Activity: It shall be the responsibility of the person in charge of the erection, repair, alteration or removal of any building or structure to place a guard or protector around any tree or shrub on public areas or rights-of-way so as to prevent injury to such tree or shrub. If the erection, repair, alteration or removal of any structure shall require the trimming, pruning or removal of any tree upon public areas or rights-of-way, a written permit shall be obtained. (See also Section ) C. T ree T opping: Tree topping and/or shearing shall be prohibited on all trees on public property, designated rights-of-way, required tree save areas, landscaping, and buffer yards unless otherwise approved by the Administrator. D. Prohibited Use of Attached Devices: It shall be unlawful for any person to attach any item to any tree or shrub in or upon any public right-of-way or public area or to the guard or stake intended for its protection, except for the purpose of protecting it or the public upon the written permission of the Administrator. E. Fires & Burning: It shall be unlawful for any person to set fire to or permit any fire to burn where such fire or the heat will injure any tree or shrub in or upon any public area or right-of-way. F. E xcavation: It shall be unlawful for any person to excavate any ditches, tunnels or trenches or construct any drive within a radius of 10 feet from any trees on public areas and rights-of-way without first obtaining permission from the Administrator. 8-4 CITY OF WILSON, NC

125 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.4 TREE PROTECTION ON PRIVATE PROPERTY AUTHORITY TO TREAT & REMOVE TREES A. Trees and Shrubs on Public Areas: The Administrator shall have the right to plant, trim, spray, preserve and remove trees and shrubs on all public rights-of-way and public areas or issue a permit for such action as may be necessary to ensure safety or preserve the appearance and beauty of such public areas. B. Trees and Shrubs on Private Areas: The Administrator, under the power herein given, may also remove, trim, treat, or otherwise maintain any tree, shrub or part thereof on a private area which in some way endangers public health, safety or welfare on public property or which is injurious to sewers or other public improvements or is affected with any injurious disease, insect or other pest. C. Removal of Trees: Removal of trees shall be selectively carried out based upon the following criteria: 1. A showing of evidence that the tree constitutes a public safety problem, 2. A showing of evidence that the tree constitutes a personal safety problem for an individual, including, but not limited to, the location, size or condition of a tree resulting in a recognizable safety problem for an individual's interest and not merely an inconvenience. 3. The tree constitutes a problem for public improvements, including, but not limited to, the condition or location of the tree or parts thereof which are destructive or pose hazards to public improvements and public property including its use and safety EMERGENCIES In case of emergencies, such as windstorms, ice storms or other disasters, the requirements of Section may be waived by the Administrator during the emergency period so that the requirements of this chapter would in no way hamper private or public work to restore order in the city REPLACEMENT AND REMOVAL FEES Where a tree, or a part(s) thereof, within a right-of-way does not meet the criteria of Section C for removal, but is requested to be removed by a property owner and such removal is approved by the Administrator, the property owner shall be assessed a removal charge equal to the greater of $500, or an amount equal to the total actual cost to the city of such removal as determined by the Administrator based upon documented labor and equipment cost. 8.4 TREE PROTECTION ON PRIVATE PROPERTY The preservation of existing trees or shrubs to satisfy the landscaping requirements of this chapter is expected. New development, through the protection of trees and existing vegetation, should be creative in design and placement of buildings, structures, parking and other impervious surfaces as to preserve natural features and to complement the existing topography when practical BASELINE TREE CANOPY COVERAGE REQUIREMENT A. Coverage Area by District: Land or property shall maintain a minimum baseline canopy coverage area, regardless of use, according to the following table (tree and shrub types are defined in Section ): UNIFIED DEVELOPMENT ORDINANCE Adopted

126 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.4 TREE PROTECTION ON PRIVATE PROPERTY Districts R/A, MHR, SR4, SR6, GR6 NC, GC, HC, ICD, UR, RMX LI, HI IMX, NMX, CCMX Coverage Area Requirement 1 Canopy Tree and 1 Understory Tree per 4,000 square feet of parcel area 1 Canopy Tree and 1 Understory Tree per 5,000 square feet of parcel area 1 Canopy Tree and 1 Understory Tree per 8,000 square feet of parcel area No Requirement B. Priority T ree Protection Areas: The coverage area requirement may be met through the retention of existing vegetation, supplemental plantings, or a combination of both. Every reasonable effort should be made to meet the baseline canopy coverage area through the retention of existing vegetation in the following Priority Areas of the site: 1. Required Buffer yards between conflicting uses (as defined in this section); 2. Thoroughfare Buffers and Streetyards; 3. Watercourse Buffers and Wetlands; 4. Conservation Easements; 5. Special Flood Hazard Areas; 6. Historic, Landmark and/or Specimen trees which meet the requirements of this section. C. Credit for Other Required Trees: Trees planted to satisfy the requirements of this ordinance may be credited toward the minimum baseline tree canopy coverage requirement, except for street trees and other vegetation in publicly-dedicated rights-of-way PRESERVATION OF SPECIMEN TREES It is the intent of this section to promote the preservation of trees which are of a significant size and/or of such a historic nature as to be an asset to the community as a whole. Where there exists one or more Specimen Trees on property subject to the regulations of this section, such trees shall preserved and protected or, if it is necessary to remove such trees, they shall be replaced, according to the protection standards as outlined in this section. A. Criteria for Specimen Trees: For the purposes of this section, Specimen Trees shall be defined as those trees which meet one or more of the following: 1. Any tree which equals or exceeds the following diameter at breast height (or approximately 4.5 feet above grade DBH) or which otherwise is noteworthy because of species, age, size, or other exceptional quality, uniqueness and rarity: Tree Type Tree Diameter Size Canopy 20 DBH Understory 8 DBH* * Reference ANSI Z for multi-stem trees. 2. Designation as a Treasure Tree by the Wilson County Treasure Trees Awards Program 3. Designation as a Landmark Tree by the Wilson City Council according to the provisions of Section C below 8-6 CITY OF WILSON, NC

127 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.4 TREE PROTECTION ON PRIVATE PROPERTY 8 B. Condition of Specimen Trees: To qualify as a Specimen Tree, a certified arborist must determine the tree to be in fair or better condition according to the following minimum standards: 1. The tree must have a life expectancy of greater than 10 years; 2. The tree must have a relatively sound and solid trunk with no extensive decay or hollowness, and less than 20 percent radial trunk dieback; 3. The tree must have no more than one major and several minor dead limbs; 4. The tree must have no major insect or pathological problem. C. Designation as a Landmark Tree by City Council: Upon petition by the owner of the property on which the tree(s) is located, and the recommendation of a certified arborist, the Wilson City Council may designate a specific tree or group of trees as a Landmark. In order to be designated as such, one of the following criteria must be demonstrated by the owner: 1. Using the measurement and point system established for state and national champion trees, a nominated tree must have a point total of at least 50% of the current state champion for the particular species; or be a highly-visible or recognizable tree or group of trees which has significance for the entire community; OR 2. The tree or group of trees must be at least 50 years old, and must be associated with a specific and significant historic event or individual; or contribute to the character of a historic building or property. D. Credit for Preservation of Specimen Trees: Landscape credits shall be awarded for the preservation of specimen trees according to the following table: Existing DBH of Preserved Tree(s)* Number/Type (Canopy or Understory) of Tree Credits 8 + (Understory) 2 / Understory / Canopy / Canopy / Canopy *DBH shall be rounded off to the nearest inch. E. Replacement of Specimen Trees: When a specimen tree is removed from a site during construction, or dies within 5 years following construction, the applicant or developer shall replace such tree on the lot using one or more of the following methods as approved by the Administrator: 1. Trees may be replaced according to the chart below: Tree Removed Tree Replaced 12 to less than 18 caliper tree Three 2.5 caliper trees 18 to 24 caliper tree Four 2.5 caliper trees 24 + caliper tree Five 2.5 caliper trees 2. Trees may be replaced with trees and/or landscaping of equal value. Valuation of the tree removed or lost shall be determined by the Administrator in consultation with a person qualified by training or experience to have expert knowledge of the subject. Valuation of trees and vegetation shall be established in accordance with standards established by the Council of Tree and Landscape Appraisers (CLTA). 3. If replacement isn t feasible or desired, as determined by the Administrator, a monetary sum equal to the value of the lost or removed specimen tree(s) may UNIFIED DEVELOPMENT ORDINANCE Adopted

128 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.4 TREE PROTECTION ON PRIVATE PROPERTY be paid to a tree planting fund maintained by the City of Wilson for the purposes of planting and maintaining trees throughout the jurisdiction of the city ESTABLISHMENT OF TREE SAVE AREAS (TSA) Trees survive the stress of construction best when they are left in stands or larger groupings. For that reason, it is encouraged that, wherever possible, development sites should be designed and developed so that Tree Save Areas (TSAs) are designated in a single, contiguous unit. A. Tree Credit Incentives: Trees preserved in Tree Save Areas may be credited towards compliance with the requirements of this section according to the following calculation: 1 tree credit per 700 square feet of protected area. The extent of the canopy spread of the tree or trees at the outer edges of the Tree Save Area shall constitute the limits of the Tree Save Area for the purposes of this measurement. Watercourse buffer areas and wetlands are not eligible for the tree credit and the respective amount of parcel area is exempt from the baseline tree coverage requirement. B. Additional Incentives: The following incentives are offered to encourage tree preservation within TSAs. Individual TSAs may only be counted toward one of the incentives listed below. Action Taken 1. Establishment of a Tree Save Area Along a Street 2. Establishment of a Tree Save Area In or Adjacent to a Parking Area 3. Establishment of a Tree Save Area in or along a required buffer yard Incentive Reduction by up to 50% of required street tree plantings at the rate of 1 less street tree for every 700 square feet of TSA established. Reduction by up to 50% of required parking lot plantings at the rate of 1 less canopy tree or 2 less understory trees for each 700 square feet of TSA established. Reduction by up to 50% of required buffer yard plantings at the rate of 1 less canopy tree or 2 less understory trees for each 700 square feet of TSA established. The remaining buffer yard must still meet the required opacity as established in Section C. Tree Save Area Requirements: In order to qualify for the incentives offered in A and B, above, designated Tree Save Areas must conform to the following standards: 1. Minimum Tree Density: The TSA shall contain, as determined by an informal site assessment, a minimum tree density of at least 1 tree of 2" diameter at breast height (DBH) and a minimum of 10' in height per 700 square feet. 2. Tree Species: In order to be established as a designated Tree Save Area, the trees contained in these areas shall primarily be a mixture of healthy and useful canopy deciduous trees. 3. Maintenance & Ownership: When a TSA is established in association with the incentives as listed in this section, it should be designated, where possible, as a dedicated open space, or in a conservation easement. 4. Tree Removal Inside Tree Save Areas: Trees that are in poor health, as determined by the Administrator, may be removed from Tree Save Areas. All tree removal within TSA must have prior approval by the Administrator pursuant to the provisions of this section. However, in an emergency situation due to storm damage, or to alleviate an imminent hazard to the health, safety 8-8 CITY OF WILSON, NC

129 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.5 STREET TREE AND BUILDING PERIMETER PLANTINGS 8 and welfare of the citizens, or to repair property damage, prior approval for tree removal in previously approved designated areas is not required. 5. Dead or Unhealthy Trees a. No credit will be allowed for any dead tree, any tree in poor health, or any tree subject to grade alterations. b. The death or unhealthy state of any tree(s) used for tree credits, within 3 years of establishing the TSA, shall require the property owner to plant new trees equal to the number of credited trees. c. If any tree(s) used for preservation credit is improperly protected or determined to be hazardous, the Administrator may require new trees be planted equal to the number of credit trees. d. The Administrator may require trees left outside preservations areas to be removed if improperly protected or determined to be hazardous. 8.5 STREET TREE AND BUILDING PERIMETER PLANTINGS [Expands Z-12.C] It is the desire of the city to maintain tree-lined, pedestrian-friendly streets throughout the community. Street trees shade the pedestrian realm of the street, encourage cars to move more slowly, improve pedestrian safety by creating a buffer between the moving cars and the sidewalk, absorb stormwater, absorb pollutants from tailpipe emissions, and add value to the fronting properties STREET TREE PLANTING REQUIREMENTS Street trees shall be planted in all rights-of-way adjacent to the development, between the street and the sidewalk, in accordance with the table and provisions below: District Requirement R/A, OS Districts Not required Rate: 1 Canopy Tree for every 40 feet of street frontage MHR, SR4, SR6, GR6, UR, RMX Districts Spacing: Maximum of 50 feet on-center Location: In Planting Strip (5-foot minimum width)* Rate: 1 Canopy Tree for every 50 feet of street frontage NMX, IMX, CCMX, NC, GC, HC, ICD, LI, HI Spacing: Maximum of 50 feet on-center Districts Location: In Planting Strip (5-foot minimum width)* or Tree Well (25-square-foot minimum area) Rate: 1 Canopy Tree for every 40 feet of street frontage NMX, IMX, CCMX, NC, GC Districts with On- Spacing: Maximum of 50 feet on-center Street Parking & Ground Floor Retail Location: Tree Well (25-square-foot minimum area)* Existing Development with Non-Conforming See Section 8.2* Frontages * Understory Trees may be substituted for Canopy Trees in existing development with planting strips less than 5 feet wide or tree wells less than 25 square feet. A. Median Trees: Whenever a boulevard street type is constructed, the developer or applicant shall also install trees in the boulevard median at the rate of 1 Canopy Tree for every 50 linear feet of road median. Understory Trees may be substituted for Canopy Trees in medians less than 10 feet wide. The maximum spacing between trees shall be 50 feet on-center. B. Existing City-Adopted Streetscape/ Tree Planting Plan: Where a cityapproved existing tree pattern exists on a street, the placement of new trees shall be compatible with the established pattern/species. UNIFIED DEVELOPMENT ORDINANCE Adopted

130 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.5 STREET TREE AND BUILDING PERIMETER PLANTINGS C. Private Drives for Commercial Development: Private drives, including vehicular ways between parking areas and building frontages, which serve commercial lots shall meet the street tree planting requirements of Section 8.5. D. Residential Driveway/ Alley: Landscaping is not required along any residential driveway or alley STREET TREE SPECIFICATIONS A. Where street trees are required, such trees shall be within the right-of-way and be planted in a planting strip between the sidewalk and the traveled way or in tree wells located along the street/sidewalk, except where the Administrator determines this impossible due to insufficient right-of-way, topography, utility conflicts, or conflicts with NCDOT-operated roads. Where the Administrator determines that it is impractical for street trees to be located within the right of way, compliance with this section may be achieved by planting street trees on private property. B. Tree wells shall provide a root aeration zone around the base of a tree. If the adjacent sidewalk is less than 6 feet in width, tree grates shall be provided to cover the exposed area of soil and to widen the pedestrian passage zone along the sidewalk. C. Street trees must (unless approved by the Administrator) maintain the same species, spacing, and distance from the street along both sides of the street. D. The Administrator may approve the use of Understory Trees instead of Canopy Trees where such trees satisfy NCDOT requirements along State-owned roads BUILDING PERIMETER LANDSCAPING A. Applicability: The following provisions for building perimeter landscaping shall apply to the NC, GC and HC Districts. B. Minimum Required Landscape Area: A minimum 6 foot wide area shall be provided for landscaping along any side of the building facing a public right-ofway. Up to 25% of the building width along the street may be utilized for entrance walkways. C. Minimum Required Landscaping: The minimum required landscaping shall consist of one of the following options every 40 linear feet: 1. 2 understory trees, or shrubs, or 3. Any equivalent combination thereof. This 40 foot requirement shall only serve as a ratio for establishing the minimum required landscaping. In locating the minimum required landscaping care shall be taken to ensure that adequate space is provided for the width of tree spread, height and root system requirements CITY OF WILSON, NC

131 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.6 PARKING LOT AREA LANDSCAPING PARKING LOT AREA LANDSCAPING [Revises Z-12.C-E] REQUIRED PARKING LOT LANDSCAPE AREAS The diagram below is intended to provide guidance by illustrating the screening and landscape islands required by this chapter. This diagram is not inclusive of the required screening and landscaping islands for all new or expanded parking lots. 1. Private drive islands (see Section C) 2. Parking lot islands / planting areas (see Section B) 3. Parking lot perimeter screening area (see Section 8.6.3) EXEMPTIONS Parking lots which serve industrial and automotive uses, as designated in the Use Table in Section 2.8.3, (whether for display of new or used vehicles for rental/sales/lease or for employee or customer parking) shall be exempt from the parking area landscaping and curbing requirements of Section 8.6 if a 50 foot wide landscape area with a semiopaque screen, as outlined in Section B, is provided around any portion of the lot adjacent to another property or a public or private street PARKING LOT PERIMETER SCREENING A. Applicability: The following provisions for parking lot perimeter screening shall apply to all parking lots containing more than 6 spaces. B. Required Screen Along Streets: Parking lots shall be screened from sidewalks and streets (public and private) by a semi-opaque screen to an average height of 3 UNIFIED DEVELOPMENT ORDINANCE Adopted

132 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.6 PARKING LOT AREA LANDSCAPING feet, along with canopy trees planted with a maximum spacing of 40 feet on-center, for screening of car lights and glare. 1. Effective screening devices may include decorative brick walls, wood fences, earth berms, architectural features (e.g., façade extension, pergolas) and tight evergreen hedges which shall reach the required height within two years of planting, or any combination of the above. 2. The height of the screen, except for trees, shall not exceed 4 feet at any time. 3. Optional 8-foot openings shall be allowed every 50 feet to permit pedestrian passage where a formal connection to a sidewalk or pathway is provided. Openings for permitted driveways and their associated sight triangles are also permitted. C. Required Screen Along Adjacent Properties: Parking lots shall be screened from adjacent properties by canopy trees planted with a maximum spacing of 40 feet on-center. Trees planted adjacent to parking lots to satisfy the buffer yard requirements in Section 8.7 may count toward this requirement. D. Minimum Width Reserved for Perimeter Screens: 10 feet PARKING LOT INTERIOR LANDSCAPING A. Applicability: The following provisions for parking lot interior landscaping shall apply to all parking lots containing more than 12 spaces. B. Parking Lot Islands / Planting Areas 1. The minimum number of trees shall be 1 canopy tree per 12 parking spaces. Two understory trees may be used to replace 1 canopy tree for no more than 1/3 of the required canopy trees. 2. All trees and plantings shall be in planting areas or landscape islands, protected by curbs or wheel stops, with a minimum area of 180 square feet and a minimum width of 10 feet. 3. Parking lot islands or planting areas with a minimum of 1 canopy tree or 2 understory trees shall be placed at the end of every row of parking. 4. No parking space shall be more than 50 feet from the base of a tree. Parking lots fully designed using bioretention areas, as outlined in Section below, are exempt from this requirement. C. Private Drive Islands: All private drives that channel traffic within the parking area, including vehicular ways between parking areas and building frontages, shall be separated from adjacent sidewalks or rows of parking by a landscaped area with a minimum width of 6 feet, containing Canopy Trees planted at a maximum spacing of 40 feet on-center. Understory Trees may be substituted for Canopy Trees at the rate of 2 Understory Trees for every required Canopy Tree for up to 1/3 of the total required Canopy Trees. Traffic control islands required by Department of Transportation (DOT) may be raised concrete or striped. D. Pedestrian Access: Sidewalks or paths may be provided within required landscaped areas to address pedestrian needs CITY OF WILSON, NC

133 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.6 PARKING LOT AREA LANDSCAPING CURBING All parking areas and landscaped islands shall either be curbed using a vertical curb or wheel stops. Curbing may be discontinuous or perforated allowing stormwater to enter landscaped areas constructed for bioretention (rain gardens). Where bioretention areas are constructed, wheel stops may be used in place of curbing. Where landscaping is above grade, curbing must be continuous to prevent landscaping material from eroding into the parking area. Discontinuous curbing or wheel stops are permitted to allow stormwater infiltration in bioretention areas BIORETENTION AREAS/RAIN GARDENS A. Rain Gardens Permitted: Required parking lot landscaping may be incorporated with one or more consolidated bioretention areas (rain gardens). Bioretention areas shall be located where it is most practical to capture stormwater, manage parking lot traffic and facilitate pedestrian Required parking landscaped areas may include up to 3 feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space, as shown. use, including adjacent to and connecting with vegetated areas on the perimeter of a parking lot. Bioretention areas shall be designed and landscaped to trap and mitigate runoff from paved surfaces consistent with the description and intent of the North Carolina Division of Water Quality: Stormwater Best Management Practices Manual or equivalent, including NC Cooperative Extension Bulletin, Designing Rain Gardens (Bio-Retention Areas), B. Parking Dimension Bonus: A portion of the space devoted to motor vehicle parking may be landscaped instead of paved, as follows: 1. A landscaped area may include up to 3 feet of the front of the parking space as measured from a line parallel to the direction of the bumper of a vehicle. The landscape strip shall be a minimum of 6 feet in width. 2. The landscaped area within the parking space counts toward parking lot landscaping requirements and toward any overall site landscaping requirements. 3. In order to utilize this parking dimension bonus, landscaping must be below grade and designed as a bio-retention area. UNIFIED DEVELOPMENT ORDINANCE Adopted

134 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.6 PARKING LOT AREA LANDSCAPING ADDITIONAL STANDARDS FOR LARGE PARKING LOTS (GREATER THAN 100 SPACES) A. Pedestrian Walkways: For every 4 traffic aisles in parking bays, a landscape island between 2 back-to-back parking bays with a pedestrian walkway shall be provided and shall extend the entire length of the parking bay or aisle. The width of such landscape island shall be a minimum of 15 feet, measured from the back of curb to back of curb, and the width of the pedestrian walkway shall be a minimum of 5 feet. Trees shall be planted along the pedestrian walkway at the rate of 1 canopy tree or 2 understory trees for every 50 linear feet. Crosswalks shall be provided across private drives/driveways from these pedestrian islands to connect to any adjacent building entrances, private walkways, and public sidewalks along the street frontage. Minimum of 1 landscape island with pedestrian corridor per 4 parking aisles 25 space maximum between interior landscape islands Interior landscape island Minimum of 1 canopy tree or 2 understory trees 8-14 CITY OF WILSON, NC

135 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.7 BUFFERS AND SCREENING BUFFERS AND SCREENING [Revises Z-12.F] Buffer yards are planting areas designed to separate incompatible adjacent uses and provide privacy and protection against potential adverse impacts of an adjoining incompatible use or zoning district REQUIRED BUFFER YARDS A. Required Yards by District: Buffer yards shall be required in accordance with the table below, and the buffer yard types defined in Section District of Proposed Development R/A, OS, MHR, SR4, SR6, GR6 Adjacent Zoning District UR, RMX, ICD NC, GC NMX, IMX, CCMX R/A, OS, MHR, SR4, X X X X C* C* SR6, GR6 UR, RMX, ICD** A X X X X X NC, GC** B A X X X X NMX, IMX, CCMX A A X X X X HC C C B A X X LI, HI C C C C B X * Only required where adjacent, more intense use is pre-existing and no equivalent buffer is provided on the adjacent property ** Only multifamily and non-residential uses shall provide buffers between adjacent single family uses in detached homes HC LI, HI X = No Buffer Required B. Required Buffer Yards around E xisting Single Family H omes in the N C, GC, HC, LI and HI Districts: A Type A buffer shall be required for any nonresidential development that occurs immediately adjacent to an existing single family home located within the NC, GC, HC, LI and HI Districts. This buffer may be removed at such time that the existing single family home changes to a multifamily or non-residential use. C. Additional Buffer and Screening Requirements for Specific Uses: Additional buffer and screening requirements for certain specific uses are included in supplemental standards for each use found in Chapter 3. D. L ocation: Buffer yards are intended to be constructed along the perimeter of the property; however, when there is irregular topographic conditions such as when the perimeter of the property is at a lower grade than the use being screened, the Administrator may require the relocation of the required buffer yard in order to better serve its purpose. E. Relationship to Required Yards and Setbacks: Where front, side and rear yards are required by this chapter, buffer yards may be established within such yards. If a yard requirement is less than the minimum buffer requirement, the buffer width requirement shall override the minimum yard requirement. F. More Restrictive to Apply: Where a proposed use or development-type abuts multiple use types or zoning districts along the same side or rear yard, the largest buffer requirement will apply along the entire side or rear property line. G. Buffer L ocation Restrictions: Buffers shall not be located on any portion of any existing or proposed street right-of-way or utility easement (unless permitted by the easement holder). UNIFIED DEVELOPMENT ORDINANCE Adopted

136 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.7 BUFFERS AND SCREENING BUFFER YARD TYPES A. T ype A Buffer Yard: A Type A buffer yard is a planting strip intended to separate uses, provide vegetation in densely developed areas and enhance the appearance of individual properties. Type A Buffer Yard Options Minimum Depth Minimum Plantings per 100 linear feet Option 1 20 feet 1 Canopy Tree 2 Understory Trees 8 Evergreen Shrubs Option 2 10 feet 2 Canopy Trees 2 Understory Trees 12 Evergreen Shrubs Wall, Fence, or Berm Not Required Not Required Required Opacity Semi-opaque (i.e., having only seasonal horizontal openings not exceeding 25% of the total width from the ground to a height of 6 feet within 2 years of planting) B. T ype B Buffer Yard: A Type B buffer yard is a medium density screen which is intended to create a visual separation between uses and zoning districts. Type B Buffer Yard Options Minimum Depth Minimum Plantings per 100 linear feet Option 1 20 feet 2 Evergreen Trees 1 Canopy Tree 2 Understory Trees 12 Evergreen Shrubs Option 2 10 feet 1 Evergreen Tree 1 Canopy Tree 3 Understory Trees 24 Evergreen Shrubs Wall, Fence, or Berm Not Required Not Required Required Opacity Semi-opaque (i.e., having only seasonal horizontal openings not exceeding 10% of the total width from the ground to a height of 8 feet within 2 years of planting) C. T ype C Buffer Yard: A Type C buffer yard is intended to provide a very dense allseason sight barrier to significantly separate uses and zoning districts. It is intended to reduce intrusive lighting and noise from adjacent properties. Type C Buffer Yard Options Minimum Depth Minimum Plantings per 100 linear feet Option 1 40 feet 4 Evergreen Trees 4 Canopy Trees 4 Understory Trees 36 Evergreen Shrubs Option 2 25 feet 4 Evergreen Tree 4 Canopy Tree 4 Understory Tree Option 3 10 feet 2 Evergreen Tree 2 Canopy Tree 2 Understory Trees 12 Evergreen Shrubs Wall, Fence, or Berm Not Required Wall or Fence (See Section A-B) Berm (See Section A-B) Required Opacity Completely opaque (i.e., having no horizontal openings from the ground to a height of 8 feet within 2 years of planting) 8-16 CITY OF WILSON, NC

137 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.8 LOADING AREAS AND UTILITIES SCREENING BUFFER DETAILS A. Fences and Walls: Any required 6-foot-tall privacy fence or wall shall be made of any combination of treated and stained wood, brick, stone, wrought iron, polymer, decorative face block or other composite material as approved by the Administrator and maintained in a like-new manner with the finished side facing towards the zone to be buffered (protected). The material(s) used shall provide an opaque fence. All required vegetation shall be placed on the side of the fence or wall of the adjacent property. A chain link fence with slats is not considered a solid fence for purposes of this section. B. Berms: All berms, if provided, shall not exceed a slope with maximum rise of 1 foot to a run of 2 feet (a ratio of 1:2) and a maximum height of 4 feet with a compacted flat top of at least 15 inches wide. All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation or permanent slope retention device. A combination of trees and shrubs are to be installed in an appropriate design scheme along the berm for appearance, durability and maintenance as approved by the Administrator. Berms taller than 4 feet shall be approved by the Administrator on a case-by-case basis. C. E xisting Vegetation, Fences, Walls, and Berms: Existing vegetation berms, walls, or fences within the landscaped area, but not including chain link fencing, may be used to fulfill the standards for the type of landscaping required provided that these elements are in good condition as determined by the Administrator. Where existing vegetative areas are to be credited, they shall be shown on the plan with a certification by a licensed landscape architect that the existing vegetation fully complies with the landscape requirements. D. Riparian Buffer: Any required riparian buffer may be used to satisfy other buffer requirements, provided the plants are equivalent in number and type required by the landscape ordinance. Additional plant materials shall be installed in the riparian buffer to satisfy any remaining plant requirements. Additional plantings shall meet best management practices as determined by the Administrator. 8.8 LOADING AREAS AND UTILITIES SCREENING DUMPSTERS, MECHANICAL EQUIPMENT, UTILITIES AND STORAGE AREAS A. Dumpsters, Loading Docks, Mechanical E quipment and Utility Structures: All such structures shall be completely screened from view from public and publicly-accessed streets and any adjacent residential or mixed-use properties to a height of 1 foot above the structure or 8 feet, whichever is less, by a wall or planted hedge. A device is considered out of view of the public street if it is within the 45 degree angles projected from the building edges (see diagram at right), except on a corner lot or lot with public drives along more than one side. Where a Type B buffer exists or is installed along adjacent property lines, this shall be considered sufficient screening from adjacent properties. Dumpster considered out of view. Visible loading dock. Screening required. UNIFIED DEVELOPMENT ORDINANCE Adopted

138 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.9 WATERCOURSE (RIPARIAN) BUFFER AREAS B. Outdoor Storage Areas: All unenclosed outdoor storage areas greater than 100 square feet shall also be completely screened from adjacent properties and streets to a height of 8 feet by a wall or planted hedge. Where a Type B buffer exists or is installed along adjacent property lines, this shall be considered sufficient screening from adjacent properties. C. Materials for Dumpster E nclosures: Where possible, enclosures for dumpsters are encouraged to be constructed with materials that are compatible with the design and materials of the principal building. Dumpster enclosures shall be installed according to the Wilson Manual of Specifications. Screening may be created through the use of the following materials: 1. Brick fence, brick/ split face block, or decorative block. 2. Chain-link fence with slats, solid-wood fence, or fabricated metal fence: If these materials are used a semi opaque, continuous planting wall must be installed around the enclosure with shrubs that will grow to a height of 8 feet with only seasonal horizontal openings within 5 years. 3. Chain-link fence: If this material is used a completely opaque, continuous planting wall must be installed around the enclosure with shrubs that will grow to a height of 8feet within 5 years. D. E xemptions: Dumpsters, loading docks, mechanical equipment, utility structures and outdoor storage areas in the LI and HI districts are not required to be screened from view from public streets, residential or mixed-use properties if they are located more than 200 feet away. An administrative exemption may also be granted from the screening requirements of this section if the Administrator determines that site specific constraints render compliance impracticable OTHER UTILITY STRUCTURES Utility equipment and facilities associated with on-site electric, cable, telephone, gas or other similar utility, including ground-based electrical transformers and power meters, shall be placed in service areas on the sides or rear of buildings, and shall be screened, to the extent possible, with evergreen plantings or other acceptable alternative approved by the Administrator. Areas around this equipment and facilities shall remain clear based on each utility company's guidelines. 8.9 WATERCOURSE (RIPARIAN) BUFFER AREAS ESTABLISHMENT OF BUFFERS All protected drainageways shall have riparian buffers directly adjacent to such surface waters, excluding wetlands, of the width specified in 8.9.2, below. A. L ocation of Buffers: For the purposes of this section, protected surface waters or drainageways shall include perennial and intermittent streams, water supply impoundments, lakes, ponds, upper watershed drainageways that drain more than 5 acres, and other bodies of water as indicated on the most recent version of the 1:24,000 scale (7.5 minutes) quadrangle topographic maps prepared by the United States Geological Survey (USGS), and all other surface waters as indicated by the most recent version of the Soil Survey of Wilson County, North Carolina. B. Buffer Measurement: The width of each required riparian buffer shall be measured perpendicular to the banks of the protected drainageway, beginning at the most landward limit of the top of bank for intermittent streams and perennial 8-18 CITY OF WILSON, NC

139 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.9 WATERCOURSE (RIPARIAN) BUFFER AREAS 8 streams and beginning at the top of bank or mean high water line for all other water bodies. Where obvious conflicts between actual field conditions and USGS and county soil survey maps exist, appeals may be made to the North Carolina Division of Water Quality WATERCOURSE BUFFER TABLE A. Watershed Protection District Buffers: When subject to the requirements of the state designated Watershed Protection District, watercourse buffers shall be maintained according to the table below. Such buffers shall be measured landward from the bank of each side of a perennial stream and shall consist of a natural vegetated area. No new development shall be permitted to occur in such buffers except that water dependent structures, public projects, road crossings and greenways may be allowed where no practicable alternative exists, provided such activities minimize built-upon surface area, direct run-off away from the surface waters and maximize the utilization of best management practices (BMP's). Buffers for Watershed Areas III and IV Required Critical Area & Protected Area Vegetative Buffer 1. Perennial Stream 50 ft 2. Perennial Stream (w/high Impervious Development 100 ft Option, See Section 2.8.5) Additional Standards See Section B. N euse River Basin Buffers: The state regulations for water management in the Neuse River Basin (as outlined in 15 A NCAC 2B.0233 with changes as published 12:6 NCR ) require buffers to be maintained along all perennial and intermittent surface waters according to the table below. Neuse River Basin Required Riparian Buffer Additional Standards Total Zone 1 Zone 2 See NC Environmental Management 50 feet min. 30 feet min. 20 feet min. Commission Rule 15 A NCAC 2B.0233 C. Delineation of Buffer Zones 1. Z one 1: Zone 1 shall be a completely undisturbed area of forest vegetation. Zone 1 begins at the top of bank for intermittent streams and perennial streams and extends landward on all sides of the water body. For all other water bodies, Zone 1 begins at the top of bank or mean high water line. 2. Zone 2: Zone 2 shall be a maintained area of vegetation which consists of dense ground cover composed of herbaceous or woody species that provides for diffusion and infiltration of runoff and filtering of pollutants. Zone 2 begins at the outer edge of Zone 1 and extends landward. C. Activities Permitted in Zones 1 and 2: All required Zone 1 and Zone 2 buffers shall remain natural, undisturbed and with the vegetation characteristics as outlined in Section D, except as may be necessary to accommodate any of the uses and UNIFIED DEVELOPMENT ORDINANCE Adopted

140 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.10 GENERAL INSTALLATION AND MAINTENANCE STANDARDS activities allowed by 15 A NCAC 2B These activities shall minimize builtupon surface area, direct run-off away from the surface waters and maximize the utilization of best management practices (BMP's). D. Description of Buffers on Development Plans: Riparian buffers shall be shown on all approved site plans and subdivision plans. Where designated by the Administrator, the placement of "no mow" signs may be required to relay the buffer protection requirements to the public. E. Concurrency with Other Required Buffers: The requirements of the Neuse River Riparian Buffer Rules (as outlined in 15 A NCAC 2B.0233) shall apply concurrently with the required drainageway buffers required above CONSTRUCTION BUFFER ZONE A. Standard Buffer: No land-disturbing activity during periods of construction or improvement shall be permitted in proximity to a lake or natural watercourse unless natural or artificial means of confining visible siltation is provided along the margin of the watercourse so that such visible siltation is confined within the 25% of the buffer zone, as required in 8.9.1, nearest the land-disturbing activity. B. Projects On, Over or Under Water: This section shall not apply to a land disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. C. Buffer Measurement: Unless otherwise provided, the width of a buffer zone is measured horizontally from the top of bank for intermittent streams and perennial streams and beginning at the top of bank or mean high water line for all other water bodies GENERAL INSTALLATION AND MAINTENANCE STANDARDS [Revises Z-12.I] LANDSCAPE PLAN SUBMITTAL REQUIREMENTS When a development application is made on any land where the landscaping requirements of this chapter are applicable, such site/subdivision plan application shall be accompanied by a landscape plan as outlined in the Submittal Checklist in the Appendix CITY OF WILSON, NC

141 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.10 GENERAL INSTALLATION AND MAINTENANCE STANDARDS PLANT MATERIAL SPECIFICATIONS A. Canopy (Large Shade) Trees: All required canopy trees must be a native or locally-adapted species with an expected mature height of 35 feet or greater and an expected mature crown spread of 30 feet or greater. When planted, canopy trees must be a minimum of 8 feet high, and have a minimum caliper of 2 inches as measured at breast height (or approximately 4.5 feet above grade DBH). Multi-stemmed trees shall have at least 3 stalks (minimum 1-inch DBH) and be at least 8 feet in height when planted. B. E vergreen Trees: All required evergreen trees must be a native or locally-adapted species with green foliage that lasts through all seasons and an expected mature height of 20 feet or greater. Evergreen trees shall be a minimum of 8 feet in height and have a 2-inch DBH when planted. C. Understory (Small) T rees: All required understory trees must be a minimum of 6 feet high and 1-inch DBH when planted. When mature, understory trees shall be between 15 and 30 feet in height. D. Shrubs: Shrubs planted as part of a required buffer yard, as outlined in Section 8.7, shall meet the following specifications. 1. Deciduous Shrubs: All deciduous shrubs shall be a minimum of 18 inches in height when planted and shall reach a height of 30 inches and a minimum spread of 30 inches within 2 years of planting (except those plants that do not mature to those dimensions). 2. E vergreen Shrubs: All evergreen shrubs shall be a minimum of 30 inches in height when planted and shall reach a height of 48 inches and a minimum spread of 36 inches within 2 years of planting. CANOPY TREES 8 ft. min. At planting 2 in. DBH EVERGREEN TREES 8 ft. 2 in. DBH min. At planting UNDERSTORY TREES 6 ft. 1 in. DBH min. At planting 30 ft. min. Mature plant Mature plant DECIDUOUS SHRUBS 18 in. min. 30 in. min. At planting Mature plant E. Groundcover: All required groundcover plants must be a minimum of 1.5 to 2.5- inch pots with a 4-inch minimum length when planted. Groundcover must be planted with on-center spacing equivalent to the average mature spread for each particular species. Mature plant EVERGREEN SHRUBS 30 in. min. 48 in. min. At planting Mature plant 35 ft. min. 20 ft. min. 15 ft. min. 30 ft. max. UNIFIED DEVELOPMENT ORDINANCE Adopted

142 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.10 GENERAL INSTALLATION AND MAINTENANCE STANDARDS PLANT STANDARDS A. General Material Standards: All plant materials shall be installed in accordance with the standards found in the latest edition of American Standards for Nursery Stock published by the American Association of Nurserymen. After installation, plant materials shall be mulched with a 3-inch layer of appropriate material. B. Recommended Species List: Plant materials utilized in meeting the requirements set forth in this section may be chosen from the City of Wilson Landscape Plant List maintained by the Administrator. The use of drought-tolerant vegetation that is native to the area is encouraged to reduce dependency upon irrigation GENERAL CONSTRUCTION STANDARDS A. E asements & Right-of-Ways: Nothing shall be planted or installed within an underground or overhead utility easement or a drainage easement without the consent of the Administrator and the easement holder at the time of site plan approval. B. Grading and Development in Required Landscape Areas: The required landscaping shall not contain any development, impervious surfaces, or site features that do not function to meet these standards or that require removal of existing significant vegetation. If grading within a planting yard is proposed, slopes of 3:1 or less are encouraged to ensure the proper transition of grades to the adjacent property and to facilitate landscaping and maintenance. C. N o Bare Soil Permitted: All portions of the landscaping area not planted with shrubs and trees or covered by a wall or other screening device shall be planted with ground cover and/or grass, or covered with natural mulch with a minimum depth of 3 inches. D. Overhead Power Lines: Where overhead power lines are present, small trees (20 to 30 feet in height at maturity) must be utilized. One small maturing tree is required for every 35 feet of property abutting a street. (Utility lines such as cable and phone do not constitute a hazard, and large maturing trees should be used if only these are present.) E. Sight Distance: All trees planted within the sight distance triangle at an intersection, or driveway access point as defined in Chapter 9 shall be limbed-up to provide for clear sight lines between 2 feet and 7 feet above the finished grade. (Exception: NCDOT has separate provisions for state-maintained roadways.) 8-22 CITY OF WILSON, NC

143 TREE PROTECTION, LANDSCAPING AND BUFFERS 8.10 GENERAL INSTALLATION AND MAINTENANCE STANDARDS PROTECTION OF EXISTING TREES DURING CONSTRUCTION A. Protective barricades shall be placed around all trees designated to be saved, prior to the start of development activities or grading. Protective barricades shall remain in place until development activities are completed. The following conditions are required: 1. Barricades may consist of 2 x 4 inch posts with 1 x 4 inch rails, orange safety fence, or a similar treatment and shall remain in place until development activities are complete. 2. Signs indicating that the barricade is protecting a tree save area within which construction traffic and storage of materials are not permitted shall be placed at a rate of 1 sign for every 100 linear feet of barricade. 3. The barricaded area shall remain free of all building materials, stockpiled soil or other construction debris. 4. Construction traffic, storage of vehicles and materials, and grading shall not take place within the protective areas of the existing trees. B. Barricades shall be erected at a recommended minimum distance from the base of protected trees according to the following standards: 1. For trees 10 inches or less DBH: Place at a minimum distance of 6 feet from the base of each protected tree or outside the dripline, whichever is greater. 2. For trees between 10 and 20 inches DBH: Place at a minimum distance equal to 1.5 feet for each 1 inch in caliper or outside the dripline, whichever is greater. UNIFIED DEVELOPMENT ORDINANCE Adopted

144 8 TREE PROTECTION, LANDSCAPING & BUFFERS 8.10 GENERAL INSTALLATION AND MAINTENANCE STANDARDS 3. For trees of 20 inches or greater DBH: Place at a minimum distance of 30 feet from the base of each protected tree or outside the dripline, whichever is greater. C. Land disturbance within a tree dripline is prohibited except for driveway access points, sidewalks, curb and gutter. D. Where grading within a tree dripline cannot be avoided, cut and fill shall be limited to 25 percent of the area within the dripline, and tree roots must be pruned with clean cuts at the edge of the disturbed area. (No fill shall be placed within the dripline of a tree without venting to allow air and water to reach the roots.) TREE TRIMMING ON PRIVATE PROPERTY It shall be the duty of any person owning or occupying real property to maintain any trees on such property bordering a public right of way such that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or alley intersection. The minimum clearance of any overhanging portion shall be 8 feet over sidewalks and 12 feet over all streets except truck thoroughfares which shall have a clearance of 16 feet. Any tree or shrub in violation of this section, is hereby declared to be a hazardous and dangerous condition inimical to the public health and a public nuisance. A. N otice to T rim: Should any person owning real property bordering on any street fail to trim trees as hereinabove provided, the Administrator shall order such person, within 3 days after receipt of written notice, to so trim such trees. B. Order Required: The order required herein shall be served by mailing a copy of the order to the last known address of the property owner by registered mail, return receipt requested. C. Failure to Comply: When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the city to trim such trees, and the cost thereof shall be assessed to the owner as provided by law in the case of special assessments INSPECTION The Administrator may inspect the site after the issuance of a Certificate of Occupancy in order to ensure compliance with the approved site plan and to ensure that the landscape is properly maintained. The Administrator may issue a Notice of Violation to comply with the provisions of this ordinance if warranted upon an inspection under the provisions of Chapter 16 of this ordinance REPLACEMENT OF DISTURBED AND DAMAGED VEGETATION Without prior approval, the disturbance of any required landscaped area or vegetation required by this ordinance shall constitute a violation. All disturbed landscaped areas and vegetation shall be replanted to meet the standards of this section, the stormwater regulations in Chapter 12, and the approved site or sketch plan (landscape plan) CITY OF WILSON, NC

145 PARKING AND DRIVEWAYS 9.1 PURPOSE AND INTENT 9 9 PARKING AND DRIVEWAYS [Revises Section Z-5 & Z-6] 9.1 PURPOSE AND INTENT Parking lots and similar facilities are necessary elements in the urban environment. However, these facilities can cause negative impacts including increased storm water volume, velocity and pollutants; increased surface level heat and glare; reduction in the efficiency of the connecting street system; reduction in the operations of the surrounding pedestrian and bicycle network; and interruption of a vibrant and attractive streetscape character. For these reasons, it is the intent of this chapter to impose regulations that mitigate the negative effects of parking lots in Wilson, preserve the character of the community and protect the health, safety and general welfare of Wilson s residents. 9.2 APPLICABILITY The provisions of this chapter shall apply to all new and expanded development, as well as any changes in use that result in an increase in the minimum amount of required parking of at least 5 spaces or 10% of the existing spaces, whichever is greater. 9.3 PERMITTED PARKING LOCATIONS The following table details the permitted parking locations for each district according to the building types detailed in Chapter 5 of this ordinance. Additional locational requirements may apply to parking areas for specific uses. Such requirements are outlined in Chapter 3 Supplemental and Temporary Use Standards. Rural Suburban Civic/Institutional Detached House Townhouse Urban Apartment Commercial Mixed-Use Industrial All Other Bldgs R/A U U n/a n/a n/a n/a n/a U OS U n/a n/a n/a n/a n/a n/a U MHR U U n/a n/a n/a n/a n/a U SR4 U U SR6 U U NC U B B C C GC U B B C C HC U B B U U ICD B U B B B B LI U U U U U HI U U U U U GR6 C U UR C U B B B RMX B U B B C B NMX B B B B B IMX B B B B B B CCMX B B B A A Permitted Parking Configurations (Also see diagrams on next page) Location A Parking permitted in 3 rd Layer only Location B Parking permitted in 2 nd and 3 rd Layers only Location C Parking permitted in 2nd and 3rd Layers. Parking in 1st Layer restricted to one drive aisle with two bays. U Unrestricted UNIFIED DEVELOPMENT ORDINANCE Adopted

146 9 PARKING AND DRIVEWAYS 9.3 PERMITTED PARKING LOCATIONS PERMITTED PARKING CONFIGURATION DIAGRAMS Location A Parking permitted in 3rd Layer only 1st Layer distance from right-of-way to front of building 2nd Layer 20 feet 3rd Layer remainder of lot Location B Parking permitted in 2nd and 3rd Layers only 1st Layer distance from right-of-way to front of building 2nd Layer 20 feet 3rd Layer remainder of lot Location C Parking permitted in 2nd and 3rd Layers. Parking in 1st Layer restricted to one drive aisle with two bays. 1st Layer distance from right-of-way to front of building 2nd Layer 20 feet 3rd Layer remainder of lot U Unrestricted Parking permitted in all layers 1st Layer distance from right-of-way to front of building 2nd Layer 20 feet 3rd Layer remainder of lot 9-2 CITY OF WILSON, NC

147 PARKING AND DRIVEWAYS 9.4 OFF-STREET PARKING AND LOADING REQUIREMENTS OFF-STREET PARKING AND LOADING REQUIREMENTS If required, permanent off-street parking (including on-street parking and bicycle parking in accordance with the requirements below) shall be provided at the time of erection, alteration, enlargement, establishment or change of use of any building or open use of land which requires additional off-street parking PARKING REQUIREMENTS BY USE TABLE The following table details the required minimum and maximum (where applicable) parking ratios by major land use. All area calculations use gross leasable area (GLA). For uses not covered in this table, the parking requirements shall be those of the most similar use as determined by the Administrator. For bicycle parking, the minimum required shall be 2 spaces (or one rack) unless No requirement is listed in the table. The maximum required bicycle parking spaces shall be 20 spaces. Use Category Minimum Required Auto Spaces Bicycle Parking Spaces Required Residential Dwelling-Single Family & Duplex 1 per unit No requirement Dwelling- Multifamily & Townhome 1.5 per unit 1 per 20 auto spaces provided Dwelling-Accessory 1 space per unit No requirement Live-Work Units 1 per 500 sf 1 per 20 auto spaces provided Residential Care Facilities 1 per 2 units 1 per 20 auto spaces provided All Other Residential Uses 1 per unit No requirement Lodging All Uses 1 per room 1 per 50 auto spaces provided Office/Service Medical Clinic 1 per 350 sf 1 per 20 auto spaces provided All Other Office/Service Uses 1 per 500 sf 1 per 20 auto spaces provided Commercial/Entertainment Amusements (Indoor & Outdoor) No requirement 1 per 20 auto spaces provided Internet Sweepstakes Facilities 1 per video monitor 1 per 20 auto spaces provided Restaurant 1 per 250 sf 1 per 20 auto spaces provided Theater (Indoor & Outdoor) 1 per 80 sf in auditorium 1 per 20 auto spaces provided All Other Commercial/Entertainment Uses 1 per 400 sf 1 per 20 auto spaces provided Civic Religious Institution (Urban Districts) No requirement 1 per 20 auto spaces provided Religious Institution (All Other Districts) 1 per 80 sf in main assembly hall 1 per 20 auto spaces provided Private Recreational Facility 1 per 250 sf 1 per 20 auto spaces provided All Other Civic/Institutional Uses 1 per 500 sf 1 per 20 auto spaces provided Educational/Institutional Child/Adult Day Care Centers (More than 8 1 per 500 sf 1 per 20 auto spaces provided persons) All Other Educational/Institutional Uses 1 per 1000 sf 1 per 20 auto spaces provided Automotive Vehicle Services Minor Maintenance/Repair 1 per gas pump and repair bay 1 per 20 auto spaces provided Vehicle Services Major Repair/Body Work 2 per repair bay All Other Automotive Uses 1 per 400 sf of office space 1 per 20 auto spaces provided Industrial/Wholesale/Storage Storage (all use types) No requirement No requirement All Other Industrial/Wholesale/Storage Uses No requirement 1 per 50 auto spaces provided Agricultural All Uses No requirement No requirement Infrastructure All Uses No requirement No requirement UNIFIED DEVELOPMENT ORDINANCE Adopted

148 9 PARKING AND DRIVEWAYS 9.4 OFF-STREET PARKING AND LOADING REQUIREMENTS MAXIMUM PARKING The minimum parking requirements above have intentionally been set well below general market expectations as a means to mitigate the negative aspects of paved surfaces on the environment such as excessive water runoff, water pollution, and urban heat island effect. To this end, there shall also be a maximum parking standard set as follows: A. Maximum Parking Standard 1. Twice the minimum number of spaces established for a use as outlined in Section above, 2. If there are no minimum parking requirements for the use given in Section above, the maximum parking standard shall be 35% of the site area. B. E xceptions 1. Residential Development: Dwelling-Single Family and Dwelling-Two Family uses are exempt from the maximum parking standard. 2. All Other Development: In multifamily, commercial and mixed-use development, parking areas may be provided which exceed the maximum standard given above if stormwater control structures are installed, in accordance with Sections 12.6 and 12.8, such that nitrogen runoff from any parking area above the maximum standard is reduced by at least 30% EXEMPTIONS AND ADJUSTMENTS A. E xemptions: Uses in the R/A, OS, IMX and CCMX Districts are exempt from the minimum parking requirements of this subsection. B. Commercial Uses in Mixed-Use Districts: All commercial uses in GR6, UR, RMX and NMX Districts shall provide all required parking on-site at a rate of 1 space per 400 square feet. The use of on-street spaces shall not be permitted in this calculation. C. Residential Care Facilities: The Administrator may authorize a reduction in offstreet parking requirements for multifamily dwellings that provide Residential Care Facilities (including duplexes and multifamily buildings of 4 or more units) to no less than 3 off-street parking spaces for each 4 dwelling units or fraction thereof. Should a change of use occur such that the building is no longer providing Residential Care Facilities as the primary use, parking requirements shall meet the minimum ratio for residential uses as required in the table above. D. Tree Preservation: The minimum number of parking spaces required may be adjusted by the Administrator when it has been determined that the reductions are necessary to preserve a healthy tree or trees (with a 12 inch or greater diameter at breast height) from being damaged or removed, and where the site plan provides for the retention of said tree or trees SATELLITE PARKING A. Proximity to Use: If the off-street parking spaces required by this section cannot be reasonably provided on the same lot as the principal use, such spaces may be provided in a satellite parking area on any land within 600 feet of any public entrance to the principal use. 9-4 CITY OF WILSON, NC

149 PARKING AND DRIVEWAYS 9.5 VEHICLE PARKING DESIGN STANDARDS 9 B. Shared Satellite Parking: Upon approval by the Administrator, satellite parking facilities may be shared by two or more uses which do not share normal operating hours. C. Parking for Permitted Uses Only: If a satellite parking area is utilized to fulfill parking requirements, the owner or authorized agent for the land upon which such remote parking is located shall restrict the use of such parking area for parking only in connection with the use or structure for which such remote parking is provided. Such restriction shall be recorded by a declaration of restrictions properly filed with the Register of Deeds of Wilson County, which may be released only by written consent of the city. Remote parking for a particular use shall not be established in any district that does not allow that use. 9.5 VEHICLE PARKING DESIGN STANDARDS All off-street parking areas, except those on single family residential lots greater than 1 acre, shall conform to the following standards PARKING AREA GENERAL DESIGN STANDARDS A. Parking areas shall be located and designed to avoid undue interference with the use of public rights-of-way, driveways or pedestrian ways. Parking stalls shall not be located in areas that would require backing into access driveways or streets except where allowed for residences or when no other practical alternative exists as determined by the Administrator or City Engineer. B. Parking design and location shall be in accordance with the City of Wilson Manual of Specifications, Standards and Design (MSSD). C. Parking stalls shall be located a minimum of 10 feet from public rights-of-way and buildings to allow sufficient separation for sidewalks, landscaping and other site features except along the backs of buildings in areas designed for loading and unloading. D. Parking shall not be located in landscaped, open space or tree save areas. E. Minimum parking areas shall be kept free of material storage, including portable containers, and outdoor display/sales except on a temporary basis as part of an approved temporary use. F. Parking areas shall be maintained to provide for vehicle access and shall be kept free of litter, debris and potholes. G. Parking for service vehicles shall be designated, located and screened to minimize the view from adjacent properties and rights-of-way, generally at the rear of buildings per the screening regulations in Landscape Standards, Chapter 8. H. Vehicle storage or display areas shall be identified on the site plan distinct from customer and employee parking areas and shall comply with parking access, location and design requirements, except that striping of the display or storage area shall not be required. Vehicle storage or display areas shall not be located in a manner that interferes with vehicle or pedestrian access aisles or driveways. Vehicle display areas shall adhere to off-street parking landscape regulations in Chapter 8. I. Tractor trailers, cargo trucks, busses and other large commercial vehicles or heavy equipment parking and storage shall comply with parking access, location and design requirements, except for stall size and aisle size, which shall be as appropriate for the vehicles to be stored, and shall be designated on a site plan. UNIFIED DEVELOPMENT ORDINANCE Adopted

150 9 PARKING AND DRIVEWAYS 9.5 VEHICLE PARKING DESIGN STANDARDS J. For single family detached and duplex residences, the width of front yard parking areas shall be limited to 50% of the total lot width. Such parking areas must be paved with appropriate materials according to the provisions in Section below MARKING AND SURFACING A. Parking Space Marking: The individual parking spaces in a lot shall be delineated in all parking lots except those utilizing road bond, gravel, grass or other vegetative surfacing. Parking lots utilizing road bond, gravel, grass or other vegetative surface shall delineate parking spaces with a wheel stop. Overflow parking areas which provide parking spaces greater than the minimum required shall be exempt from the marking requirements. B. Surfacing: Off-street parking areas shall be properly graded and located on improved lots or within parking structures. The material for surface parking spaces and corresponding access drives required by this section shall consist of suitable surfacing materials as set forth in the following table. Material 1 Non-Industrial Districts Industrial Districts Overflow Parking (for occasional or recreational use) Accessible Spaces and Paths Parking Areas Beyond Maximum Standard Asphalt Concrete Compacted stone (road bond) Gravel 2 Turf/Grass 3 Porous Asphalt Porous Paving Blocks Other pervious materials 4 1. Additional paving materials may be used where appropriate as determined by the Administrator. 2. When gravel is used it must be maintained on site with a concrete apron at the traveled way of at least 25 feet in length measured from the property line. 3. Turf/grass parking areas must be properly graded and designed as determined by the Administrator to accommodate vehicular parking. 4. Other pervious materials may be used where appropriate as determined by the Administrator CONNECTIVITY A. Adjoining parking lots serving (or potentially serving) non-residential buildings shall be interconnected as follows: 1. At least 1 connection is provided at all lot lines that are coincident for at least 60 feet with another lot zoned for non-residential use. 2. The connection is at least 20 feet in width. 3. If applicable, the connection aligns with a connection that has been previously constructed or designed on an adjacent property. 9-6 CITY OF WILSON, NC

151 PARKING AND DRIVEWAYS 9.5 VEHICLE PARKING DESIGN STANDARDS 9 4. The connection has a slope of no greater than 15%. 5. The connection is not placed where a building on an adjacent property is within 50 feet of the lot line which would hamper traffic movements within the parking lot. 6. The connection is placed in an area which will not require the removal of significant natural features such as wetlands or trees with a caliper of 6 inches or more. 7. In the event these conditions cannot be met without undue hardship, or if such connections would create undesirable traffic flow, the Administrator may waive or adjust the connection requirement. B. Where a parking lot connection is required, an easement for ingress and egress to adjacent lots shall be recorded by the property owner with the Wilson County Register of Deeds STRUCTURED PARKING A. Screening Required: Where an above-ground parking structure fronts a public street, the ground level shall be screened in such a way that cars are not visible from the street (e.g., structure should be wrapped by retail, office or some other active use along the primary façade). B. Materials: Along pedestrian-oriented streets, parking structure façades shall be treated with high-quality materials and given vertical articulation and emphasis compatible with the principle structure. The façade shall be designed to visually screen cars. C. E ntries: Pedestrian entries shall be clearly visible. D. Bicycle Parking: Parking structures shall provide bicycle parking within the structure. It shall be located on the level closest to the street and/or a primary building entrance PEDESTRIAN CORRIDORS IN PARKING LOTS Parking lots shall be designed to separate pedestrian travel from vehicles and include protecting pedestrian walkways within parking areas that lead to business/office/store entrances. For lots of 36 spaces or greater, sidewalk corridors shall be provided within the parking area and/or along the perimeter to provide safe building access for pedestrians. A. Perimeter sidewalks and interior parking lot pedestrian corridors may be utilized to provide the required pedestrian access. B. Pedestrian pathways (if provided) must be a minimum 5 feet in width. C. Where parking is located between a public entrance and the fronting sidewalk, a pedestrian pathway must be provided following the shortest practical route across the parking lot between at least one such entrance on each side of the building facing a public street. Suggested options for pedestrian access in parking lots. D. Pedestrian pathways must be clearly delineated. This may be accomplished with the use of paving materials that differ from that of vehicular areas, striping or other similar methods. UNIFIED DEVELOPMENT ORDINANCE Adopted

152 9 PARKING AND DRIVEWAYS 9.6 BICYCLE PARKING STANDARDS STATE-REGULATED TRANSPORTATION FACILITIES A state-regulated Transportation Facility is any surface parking lot of 1,500 spaces or more, a combination of surface and structured parking of 1,000 spaces of more, or any parking structure of 750 spaces or more. Such Transportation Facilities must comply with the regulations pertaining to the Transportation Facility Program administered by the North Carolina Department of Environmental and Natural Resources, Division of Air Quality. Any existing parking facility that plans a modification which exceeds the above threshold is subject to the Transportation Facility Program regulations. 9.6 BICYCLE PARKING STANDARDS Bicycle parking shall be provided by all non-residential, multi-family, recreation and industrial uses. Bicycle parking facilities required by this section shall be designed to provide convenient bicycle parking and to protect parked bicycles from damage. Acceptable rack elements, rack location and access, rack area and site conditions such as protection from the elements and visibility shall conform to the Association of Pedestrian and Bicycle Professionals Bicycle Parking Guidelines BICYCLE PARKING FACILITIES Bicycle parking spaces shall be Class I, Class II, or Class III facilities. Racks which only support one wheel are not acceptable. Multi-family uses shall provide shelter over Class II and Class III spaces provided to accommodate long-term storage. A. Class I: Bicycle lockers which are generally rectangular enclosures, each holding 1 or 2 bicycles. B. Class II: Bicycle parking racks which allow all 3 major components of the bicycle, back wheel, frame, and front wheel, to be locked, without removal of the front wheel. C. Class III: Racks such as loop, post, rails, A and inverted "U" racks. Each rack provides 2 bicycle parking spaces. Common properties in a class III facility include its support of the bicycle with or without the front wheel removed and post or pipe dimensions which allow the lock to encompass the front tire and down post or the rear wheel and seat post. Class III facilities are recommended for short-term parking, although, in combination with shelter, they can be adequate for long-term storage. Adequate rack design shall be at the discretion of the Administrator GENERAL BICYCLE PARKING DESIGN STANDARDS A. Surfacing: Bicycle parking shall be provided on a hard-surface, all-weather pavement of asphalt or concrete with curb ramps installed as appropriate. B. Signage: Where not clearly visible from the access way, directional signage shall be provided to route bicyclists to the bicycle parking facility. C. Installation: Installation shall be according to the manufacturers instructions. D. Placement: Bicycle parking shall be: 1. Separated from automobile parking by a physical barrier or by at least 6 feet where automobile parking is prohibited and shall be located as close to public and employee entrances as possible without interfering with the flow of pedestrian and vehicular traffic. 2. Conveniently located near entrances, and be secured on a hard, flat, ground level, dust-free surface (such as cement, asphalt, or wood). Where multiple 9-8 CITY OF WILSON, NC

153 PARKING AND DRIVEWAYS 9.7 DRIVEWAY ACCESS 9 entrances exist, the racks shall be dispersed among the entrances rather than located in large groupings. 3. Adequate room to maneuver both bicycles and their riders without damaging other bicycles or pedestrians shall be provided at least 6 feet from any wall or obstruction. E. Maintenance: The bicycle racks and spaces required by this ordinance shall be maintained and kept clean and in proper working order at all times. 9.7 DRIVEWAY ACCESS DRIVEWAY STANDARDS Any business or industry which utilizes lowered or cutaway curbs for purposes of ingress or egress shall be subject to the following provisions: A. Driveway N umber and Location 1. No more than 2 combined entrances and exits shall be allowed on any parcel of property, the frontage of which is less than 200 feet on any one street. All entrances shall be located at a point along the frontage where it is possible for drivers of vehicles entering the highway to see in both directions along the traveled way far enough to allow entering the highway without creating a hazardous situation. Additional entrances or exits for parcels of property having a frontage in excess of 200 feet may be permitted by the Planning and Design Review Board after showing of actual requirements of convenience and necessity. Where frontage is 50 feet or less, only 1 combined entrance exit shall be permitted. 2. At street intersections, no curb cut shall be located within 25 feet of the intersection of two curb lines or such lines extended, or within 15 feet of the intersection of two property lines, right-of-way lines, or such lines extended, whichever is least restrictive. 3. The distance between any two curb cuts on the same side of the street shall be not less than 15 feet. Said distance shall be measured between the points of tangency of the curb return radii and the established curb line of the abutting street. 4. All driveways shall be constructed so as to be at least 5 feet from any property line, except that a curb return may become tangent to a curb line at a point where said property line extended intersects said curb line. If a Joint Driveway is approved, this standard does not apply to a Joint Driveway that is parallel to a property line Minimum distance between driveways 5 + Minimum driveway distance from property line 5 + UNIFIED DEVELOPMENT ORDINANCE Adopted

154 9 PARKING AND DRIVEWAYS 9.7 DRIVEWAY ACCESS B. Driveway Width 1. The width, in feet, of a driveway approach shall be within the minimum and maximum limits specified by the MSSD. C. Joint-Use Driveway 1. Wherever feasible, the Administrator shall require the establishment of a jointuse driveway serving two abutting properties. 2. When a property is developed before an abutting property is developed, the site shall be designed to ensure that its driveway and circulation may be modified to create a joint-use driveway and interconnected parking with the abutting property at a later date. D. Driveway Connection Policy: Any person or corporation desiring to construct a driveway or other connection to any right-of-way shall comply with the City of Wilson Driveway Connection Policy as established and maintained by the City of Wilson Public Services Department. E. Driveway Sight Visibility Triangles: At all driveway approaches, a sight area shall be maintained according to the provisions of the MSSD CITY OF WILSON, NC

155 LIGHTING 10.1 PURPOSE AND APPLICABILITY LIGHTING [Expands Z-3.11] 10.1 PURPOSE AND APPLICABILITY The standards set forth in this section are designed to achieve several purposes. It is the intent of this section to: Minimize light pollution, glare and light trespass. Conserve energy and resources while maintaining night-time safety and utility. Curtail the degradation of the night-time visual environment GENERAL DESIGN REQUIREMENTS DISTRICT LIGHTING STANDARDS IN FOOTCANDLES (FC) R/A, OS, SR4, SR6, GR6, MHR UR, RMX GC, NMX, CCMX, ICD NC, HC, LI, HI, IMX Light Trespass Off Property Maximum On-Site Lighting 2 n/a Outside Sales Areas 3 n/a This requirement shall only apply to light trespass from non-residential properties onto residential properties and shall be measured as the maximum point of illuminance at the property line. 2This shall be measured as the maximum point of illuminance on the property. 3This shall be measured as the average point of horizontal illuminance, provided that in all districts the maximum uniformity ratio shall be 4:1 minimum to average CONTROL OF GLARE LUMINAIRE DESIGN FACTORS A. Other than floodlights, flood lamps, and spotlights all outdoor lighting fixtures of more than 1,000 lumens shall be full-cutoff type fixtures. Any fixture that is not full-cut off shall be a directional fixture (such as flood lights) and may be used provided they shall be aimed and fully shielded. B. The mounting height of all outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting shall not exceed 30 feet above finished grade. C. Non-cutoff decorative post-mounted fixtures equipped with a solid top and mounted 16 feet or less above ground and other non-cutoff dusk to dawn utility type fixtures mounted 25 feet or less may be used. D. All metal halide, mercury vapor, fluorescent, and other white-colored light source lamps used in non-cutoff fixtures (excluding flood lights) shall be coated with an internal white frosting inside the outer lamp envelope. E. All metal halide fixtures equipped with a medium base socket must utilize either an internal refractive lens or a wide-body refractive globe so that light rays emitted by the light fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted. UNIFIED DEVELOPMENT ORDINANCE Adopted

156 10 LIGHTING 10.3 ADDITIONAL REQUIREMENTS FOR SPECIFIC USES AND AREAS 10.3 ADDITIONAL REQUIREMENTS FOR SPECIFIC USES AND AREAS OUTDOOR DISPLAY AREAS All light fixtures shall meet the IESNA definition of full cutoff fixtures. Forward throw fixtures (type IV light distribution, as defined by the IESNA) are required within 25 feet of any public street right-of-way. Alternatively, directional fixtures (such as flood lights) may be used provided they shall be aimed and fully shielded LIGHTING FOR VEHICULAR CANOPIES Lighting under vehicular canopies shall be designed so as not to create glare off-site. Acceptable methods include one or more of the following: A. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the vehicular canopy. B. Surface mounted fixture incorporating a flat lens that provides a cutoff or shielded light distribution. C. Other method approved by the Administrator SECURITY LIGHTING A. Motion activated security lights; unshielded flood and spotlights, with 45 watts or less, installed for security and activated by motion sensor, are permitted. These unshielded lights must be mounted and aimed in a manner that minimizes uplighting and light trespass. B. All floodlights shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical flood lights and shall be positioned such that any such fixture located within 50 feet of a public street right-of-way is mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way. C. All flood or spot lamps emitting 1,000 or more lumens shall be aimed at least 60 degrees down from horizontal or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way. D. Landscape and decorative lighting using incandescent lighting of 40 watts or less is permitted, provided that the light is installed and aimed to prevent lighting build up and light trespass and shielded to prevent view from the public right of way CITY OF WILSON, NC

157 LIGHTING 10.4 EXEMPTIONS AND PROHIBITIONS 10 E. Area dusk to dawn open-bottom lights, with photosensors that automatically turn the light on and off at certain levels of ambient illumination, are permitted. These lights must be full cutoff OUTDOOR RECREATIONAL LIGHTING A. Lights shall be shielded and positioned so as not to shine onto adjacent properties. B. All fixtures used for event lighting shall be fully shielded or be designed or provided with Manufacturer s Glare Control Package, so as to minimize up-light, spill-light, and glare. C. Fixtures for outdoor recreational facilities must not exceed 80 feet in mounting height (this includes bases and/or other mounting structures) above finished grade. D. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted (spillover levels at the property line must not exceed 2 footcandles) BUILDING FAÇADE LIGHTING Floodlights, spotlights, or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On-site lighting may be used to accent architectural elements but not used to illuminate entire portions of building(s) or sign(s). Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. Building facade and accent lighting will not be approved unless the light fixtures are carefully selected, located, aimed, and shielded so that light is directed only onto the building facade and spillover light is minimized EXEMPTIONS AND PROHIBITIONS EXEMPTIONS A. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this ordinance. B. All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this article, except that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task. C. Individual residential lighting that is not part of a site plan or subdivision plan for street or other common or public area outdoor lighting. D. Lighting associated with landscape/holiday/festive/temporary uses. E. Lighting of public art that has been permitted or otherwise approved by the city. F. Other Municipal or State lighting installed for the benefit of public health, safety, and welfare. G. All fixtures installed or temporarily used by public agencies, their agents, or contractors for the purpose of illuminating public streets. UNIFIED DEVELOPMENT ORDINANCE Adopted

158 10 LIGHTING 10.5 ADMINISTRATION H. Lighting of US Flags provided the flag standard does not exceed the maximum permitted building height for that district PROHIBITIONS A. L aser Source L ight: The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited. B. Searchlights: The operation of searchlights for advertising purposes is prohibited. C. Flashing L ights: Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. D. Awning and Canopy L ighting: Awnings and canopies used for building accents over doors, windows, and etc. shall not be internally lit (i.e. from underneath or behind) so as to visually turn a translucent material into an internally illuminated material. Lighting may be installed under canopies that light the sidewalk, or downlights onto the architectural features of a building ADMINISTRATION LIGHT MEASUREMENT TECHNIQUE Light level measurements shall be made at the property line of the property upon which the light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the property of the complainant or at any other location on the property of the complainant. Measurements shall be made at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground pointing up. The meter shall have cosine and color correction and have an accuracy tolerance of no greater than plus or minus 5%. Measurements shall be taken with a light meter that has been calibrated within the year. Light levels are specified, calculated and measured in footcandles (FC) COMPLIANCE A. While not required to be provided with the submission of the site plan, projects may be required to provide the following information upon request by the Administrator: 1. Point-by-point footcandle arrays in a printout format indicating the location and aiming of illuminating devices. The printout shall indicate compliance with the maximum maintained footcandles required by this ordinance. 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices (including but not limited to manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indicating fixture classification [cutoff fixture, wall pack, flood light, etc.]). If the Administrator does not request lighting information to be included for review with a site plan, this shall not relieve the applicant from compliance with the standards in Chapter NONCONFORMING LIGHTING Any nonconforming lighting fixture lawfully in place or approved by the city prior to the adoption of this ordinance shall be exempt from these requirements. Routine maintenance, 10-4 CITY OF WILSON, NC

159 LIGHTING 10.5 ADMINISTRATION 10 including changing the lamp, ballast, starter, photo control, lens, and other required components, is permitted for all existing fixtures. At the time that a nonconforming fixture, which was installed prior to the adoption of this ordinance, is replaced, moved, upgraded, or otherwise changed, the fixture must be replaced by either: A. The same type of fixture that emits an equal or less amount of lumens as the original fixture; allows the trespassing of an equal or less amount of light onto neighboring properties; and restricts uplighting to an equal or less amount than the original fixture, or B. A fixture that is in compliance with this ordinance. UNIFIED DEVELOPMENT ORDINANCE Adopted

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161 SIGNS 11.1 GENERAL PURPOSE AND INTENT SIGNS [Revises Section Z-9] 11.1 GENERAL PURPOSE AND INTENT [Revises Section Z-9.1] The sign regulations of this chapter are adopted under the zoning authority of the city in furtherance of the general purposes set forth in the Unified Development Ordinance. The purpose of this chapter is as follows: To encourage the effective use of signs as a means of communications in the city and its extraterritorial jurisdiction; To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; To improve pedestrian and traffic safety; To minimize the possible adverse effect of signs on nearby public and private property; and To enable the fair and consistent enforcement of these sign regulations APPLICABILITY [Revises Section Z-9.5,17] UDO COMPLIANCE CERTIFICATE REQUIRED Unless otherwise provided by this ordinance, no sign may be constructed, erected, placed, moved, enlarged, illuminated, or substantially altered within the city and its extraterritorial jurisdiction unless and until a UDO Compliance Certificate has been obtained and the provisions of this section have been met. Additional permits may be necessary pursuant to the regulations in the state building code or other sections of this ordinance. No Compliance Certificate shall be issued until a completed application, accompanied by the appropriate fee from the "Official Fee and Charge Schedule" for the City of Wilson, has been filed with, reviewed, and approved by the Administrator ALTERATION OF SIGN FACE Repainting of a sign, if in conformance with the applicable standards of this chapter, shall be considered maintenance or repair and shall not require a permit. The changing of tenant name panels on multiple-tenant development signage shall not require a permit HISTORIC SIGNS The restoration and preservation of signs over 50 years old shall not require a Compliance Certificate; however such signs may not be enlarged, moved, illuminated, or otherwise altered except in conformance with an approved Compliance Certificate and the provisions of this section COMPUTATION OF SIGNAGE MEASUREMENTS [Revises Section Z ,22] COMPUTATION OF SIGN AREA A. The area of a sign face shall be deemed to be the entire area within the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display on the sign as illustrated at right. B. The area shall also include any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. UNIFIED DEVELOPMENT ORDINANCE Adopted

162 11 SIGNS 11.4 GENERAL PROVISIONS C. Frames or structural members not bearing informational or representational matter shall not be included in computation of the area of a sign face. D. All sides of a multi-sided sign shall be included in the computation of area, except that the total area of a two-sided back-toback to sign shall only be calculated as the area of one of the sides as illustrated at right COMPUTATION OF HEIGHT The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be the higher of the established grade after any construction (exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign), or the elevation of the nearest point of the crown of the nearest abutting public street COMPUTATION OF SETBACK Unless specifically stated otherwise, setbacks are measured from the nearest point on the sign to the nearest point on a property line, zoning boundary, use, or structure, as appropriate GENERAL PROVISIONS [Revises Section Z-9.8] STANDARDS APPLICABLE TO ALL PERMITTED SIGNS A. L ocation: Unless specifically provided otherwise elsewhere in this section, all permitted signs shall adhere to the following provisions: 1. All signs regulated by this ordinance shall be on-premises signs located on private property. 2. Permitted signs shall always be located outside of the street right-of-way and required sight triangles. 3. Permitted signage shall be located behind sidewalk areas except where encroachments are permitted as outlined in B below. 4. No new freestanding sign shall be placed within 20 feet of an existing freestanding sign on an adjoining lot. B. Sign E ncroachments: Where awning signs, projecting/suspended signs and marquee signs are permitted, they may project over the sidewalk to within 18 inches of the curbline provided that such signs shall maintain a minimum clearance of 8 feet above the sidewalk. C. Removal of Dated Signs: Any sign face or message relating to a business or other use located on the same lot shall be removed by the owner within 30 days after vacating the premises of this particular business. D. N oncommercial Messages: Any sign, display or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message CITY OF WILSON, NC

163 SIGNS 11.5 SIGNAGE STANDARDS BY CATEGORY SIGNAGE STANDARDS BY CATEGORY [Revises Section Z ] Signage shall be permitted subject to the standards in the tables below. Additional standards for specific signage types are outlined in Section A. Wall Signs B. Window / Door Signs C. Awning / Canopy Signs ATTACHED SIGN STANDARDS Permitted Location R/A, MHR, SR4, SR6, GR6, UR (nonresidential uses only, but not Home Occupations) NC, ICD, NMX, RMX, IMX, CCMX LI, HI, GC, HC All businesses, except Home Occupations, with at least linear 30 feet of windows fronting on a public right-of-way All businesses, except Home Occupations, on first floor awnings only D. Roof Signs LI, HI, IMX, CCMX E. Theatre Marquee Signs F. Projecting / Suspended Signs G. Address / Tenant Identification Signs Theatres only All businesses except Home Occupations Maximum Area 30 sq ft OR 1 sq ft per linear ft of building wall, whichever is greater. 50 sq ft building maximum 30 sq ft OR 1 sq ft per linear ft of building wall, whichever is greater. 150 sq ft building maximum. 50 sq ft OR 1sq ft per linear ft of building wall, whichever is greater. 250 sq ft building maximum. 50% of the gross glass area on any one side of the first floor of a building Maximum Height No sign shall extend above the roofline n/a 50% of the awning area n/a 200 sq ft OR 1 sq ft per linear ft of building wall, whichever is less This sign may substitute for an allowable wall sign only and will be deducted from the total amount of wall signage permitted as calculated in A 200 sq ft 4 sq ft per side May not exceed the maximum height for the zoning district May not exceed the maximum height for the zoning district No sign shall extend above roofline All Districts 6 sq ft per tenant n/a Other Requirements 12 inch maximum protrusion Signs shall not be illuminated except for neon lettering on window signs Signs shall not be illuminated No portion of a roof sign shall extend beyond the edge of any exterior wall. Such signs must be perpendicular to the façade of the building, or at a 45 degree angle from the corner of the building All lettering and graphics shall be permanent Signs on mailboxes and newspaper tubes may be located in the right-of-way as per applicable postal regulations Street numbers (only) may be painted on the curb Maximum Number None. May not exceed maximum calculated square footage on any wall (cannot move allotment from one wall to another) n/a 1 per public entrance 1 per street frontage 1 per theatre 1 per public entrance 1 per public entrance UNIFIED DEVELOPMENT ORDINANCE Adopted

164 11 SIGNS 11.5 SIGNAGE STANDARDS BY CATEGORY FREESTANDING SIGN STANDARDS A. Monument Signs B. Post & Arm Signs Permitted Location R/A, MHR, SR4, SR6, GR6, UR (nonresidential uses only, but not Home Occupations) NC, RMX, NMX, IMX, CCMX ICD LI, HI, GC, HC Business and Home Occupations in all districts except IMX and CCMX Maximum Area Maximum Height 25 sq ft per sign 6 ft 40 sq ft per sign 10 ft 50 sq ft for the first sign. One additional sign per street front of 30 sq ft 40 sq ft OR 0.25 sq ft per linear foot of lot frontage on public streets up to 120 sq ft total 10 ft for first sign, 6 ft for additional signs 10 ft 15 ft for street frontage greater than 300 ft on one side 4 sq ft per side 4.5 ft Other Requirements 5 ft minimum front setback and 10 ft minimum side setback No sign shall be located in any required buffer yard or within 20 ft of any right-ofway intersection. Signs shall have a base at least 50% wider than the overall width of the sign OR include landscape plantings at the base of the sign. Additional standards and allowances apply for multitenant commercial developments according to the provisions of Section ft minimum front setback and 10 ft minimum side setback No sign shall be located in any required buffer yard or within 20 ft of any right-ofway intersection. Signs may be located on a public sidewalk, but must maintain at least 48 inches of unobstructed pedestrian space. Maximum Number 1 per street frontage 1 per 300 ft of development lot frontage 1 per street frontage 1 per public entrance C. Portable / A- Frame Signs All businesses except Home Occupations 8 sq ft per side, no more than two sides 4.5 ft Signs must be placed within 20 ft of the main entrance. 1 per public entrance The sign must be removed at the close of business each day. Illumination of signs is prohibited CITY OF WILSON, NC

165 SIGNS 11.5 SIGNAGE STANDARDS BY CATEGORY PERMITTED SIGNAGE TYPES ATTACHED SIGNS A. Wall Signs: Flat signs, channel lettering or three-dimensional signs which are painted or attached (parallel) to the wall of a building or structure. B. Window/ Door Signs: Flat signs or lettering which are painted, hung or otherwise affixed over or behind the window of a building or structure. C. Awning/Canopy Signs: Signs integrated into traditional storefront awnings that project over a sidewalk from the building façade. D. Roof Signs: A buildingmounted sign erected upon and completely over the roof of a building. E. Theatre Marquee Signs: Three-dimensional signs projecting from the side of a building which may extend above the roof line and/or incorporate changeable type. F. Projecting/ Suspended Signs: Pedestrian-scaled signs mounted to the side of the building or underside of a balcony or arcade which can be read from both sides. G. Address/ Tenant Identification Signs: Incidental signs that list tenants, unit numbers, address contact information, hours of operation, and similar non-commercial characteristics in a multi-tenant building with common entry. UNIFIED DEVELOPMENT ORDINANCE Adopted

166 11 SIGNS 11.6 OTHER PERMITTED SIGNAGE STANDARDS PERMITTED SIGNAGE TYPES FREESTANDING SIGNS A. Monument Signs: Signs erected independent of a building, with an integral support structure B. Post & Arm Signs: Minor or secondary signs which are used to identify the address of a building, or to identify the profession, family, organization, business, etc., occupying the building. C. Portable/ A-Frame Signs: Pedestrian scaled nonpermanent signs which are used to display menus, daily specials, sale announcements, and similar messages OTHER PERMITTED SIGNAGE STANDARDS [Revises Section Z ] The following sign types shall be permitted subject to the additional standards below and shall require a UDO Compliance Certificate as outlined in Section DRIVE-THRU MENU BOARDS A. L ocation/ Placement: Such signs shall be allowed only as an accessory use to a restaurant having a drive-through window. B. Maximum N umber: 2 menu boards per lot shall be permitted. C. Surface Area: 35 square feet maximum per sign. D. H eight: 8 feet maximum GAS PUMP ISLAND CANOPY SIGNS A. L ocation/ Placement 1. Such signs shall be allowed only as a part of an approved Vehicle Services Minor Maintenance/Repair (Gas Station) use. 2. Such signs shall be attached to the outer, vertical surface of the gas pump island canopy roof and shall project not more than 18 inches from said vertical surface. 3. No signs shall hang from, or under, the canopy; no signs shall be placed on the top, horizontal roof surface of the canopy; and no signs shall extend beyond the top, bottom, and side edges of any canopy surface CITY OF WILSON, NC