ARTICLE I

ARTICLE I. GENERAL PROVISIONS

1.1 Purpose and Intent

These regulations are necessary and are adopted in order to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of persons within the planning jurisdiction of the Town of Wilkesboro. Specifically, the regulations are intended to:

· Implement relevant land-use plans;

· Preserve and protect property values;

· Facilitate the adequate and efficient provision of transportation, water, sewerage, parks, schools, and other public requirements;

· Preserve and protect land, air, and water resources;

· Ensure protection from fire, flood, and other dangers.

1.2 Authority

These regulations are adopted pursuant to the authority contained in Article 19 of Chapter 160A, “Planning and Regulation of Development,” of the North Carolina General Statutes.

1.3 Jurisdiction and Applicability

(A) The provisions of this Ordinance shall apply to all portions of the Town of Wilkesboro and its extraterritorial jurisdiction as defined in an ordinance adopted and recorded in the Wilkes County Register of Deeds.

(B) These regulations are applicable to all development, public and private, throughout said jurisdiction and no land or structures shall be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall take place on lands contemplated for development, and no structure, or part thereof, shall be constructed, altered, renovated, or moved, except in compliance with applicable provisions of this Ordinance.

(C) Bona fide farms not exempt. Bona fide farms, as defined in the North Carolina General Statutes and Article IX of this Ordinance, are not exempt from the provisions of this Ordinance.

1.4 Severability

If any section, provision, or standard of this Ordinance is found by a court of competent jurisdiction to be invalid, the decision of the court shall not affect the validity of any other section, provision, or standard of these regulations except that which is in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.

1.5 Conflicting Provisions

(A) If the provisions of this Ordinance are in conflict with those of the federal or state governments, or are inconsistent with other regulations of the Town, the more restrictive will control, to the extent permitted by law.

(B) This Ordinance is not intended to abrogate, annul, or otherwise interfere with any easement, covenant or other private agreement or legal relationship otherwise in conformance with it.

1.6 Repeal of Existing Zoning Ordinance

The existing regulations, entitled Town of Wilkesboro Zoning Ordinance, are hereby repealed.

1.7 Continued Violations

Any violation of the previous zoning ordinance shall continue to be a violation under this Ordinance, unless the circumstances that constituted a violation under the previous ordinance do not constitute a violation under this Ordinance, in which case enforcement action shall cease, except to the extent of collecting penalties assessed before the effective date of this Ordinance.

1.8 Interpretation and Word Usage

(A) Meaning and Intent

All provisions, terms, phrases, and expressions contained in this Ordinance shall be construed according to this Ordinance’s stated purpose and intent.

(B) Authority for Interpretation

The Zoning Enforcement Officer is responsible for interpreting the text of this Ordinance in accordance with the standards set forth in this Section and applicable Ordinance standards and requirements. Interpretations of the Zoning Enforcement Officer may be appealed to the Board of Adjustment.

Whenever a provision appears requiring an official or an employee of the Town to perform an act or duty, that provision shall be construed as authorizing the official to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

(D) Computation of Time

References to days are calendar days unless otherwise specified.

(E) Lists and Examples

Unless otherwise specifically indicated, lists of items or examples that use the terms “such as,” “including,” or similar language are intended to provide examples only and should not be construed as exhaustive lists of all possibilities.

(F) Mandatory and Discretionary Terms

The words “shall,” “will,” and “must” are mandatory. The words “may” and “should” are advisory and discretionary.

(G) Conjunctions

Conjunctions shall be interpreted as follows: “and” indicates that all connected items, conditions, provisions, or events apply, while “or” indicates that one or more of the connected items, conditions, provisions, or events apply.

(H) Tenses

Words used in one tense (present, past, future) include all other tenses, unless the context clearly indicates otherwise. The singular includes the plural and the plural includes the singular.

1.9 Effective Date

This Ordinance will be effective February 1, 2005.

ARTICLE II. ADMINISTRATION

2.1 Zoning Enforcement Officer

(A) Establishment. The provisions of this Ordinance shall be administered by the Zoning Enforcement Officer, who shall be appointed by the Town Board.

(B) Duties. The Zoning Enforcement Officer shall have the power to grant Zoning Compliance Permits, to make inspections of buildings or premises, revoke permits, and to perform other procedures necessary to carry out the enforcement of this Ordinance. In connection with the enforcement of this Ordinance, the Zoning Officer shall make all necessary determinations and interpretations as required by this Ordinance. Persons aggrieved by a decision or a determination made by the Zoning Officer may appeal that action to the Board of Adjustment.

2.2 Zoning Compliance Permit Required

(A) It shall be unlawful to begin construction, place, or move any structure (including signs) or to begin to grade or excavate for immediate construction until the Zoning Officer has issued for such work a Zoning Compliance Permit which includes a determination that the site plan, building specifications, and the intended use of such structure conform in all respects to the provisions of this Ordinance. Site plans shall be submitted in accordance with Article 2.4 of this Ordinance.

(B) It shall be unlawful to change the type of use or type of occupancy of any building, or to extend any use of any lot on which there is a non-conforming use, until the Zoning Officer has issued for such intended use a Zoning Compliance Permit, including a determination that the proposed use does, in all respects, conform to the provisions of this Ordinance.

(C) A Zoning Compliance Permit may be required for, but does not satisfy the need for, the issuance of a building permit when the proposed work requires it. Applicants are responsible for obtaining any additional permits from other agencies as required by applicable laws.

2.3 Enforcement

The following procedures and penalties are pursuant to G.S. 14-4 and Part II, Chapter 1, Section 1-6 of the Town of Wilkesboro Code of Ordinances:

(A) General Enforcement Procedures

(1) Investigation

Upon the receipt of complaints or other information suggesting a violation of this

Ordinance, the Zoning Enforcement Officer shall investigate the allegations and determine whether a violation exists.

(2) Warning of Violation

Upon determination of a violation, the Zoning Enforcement Officer shall cause a warning citation to be issued to the violator. Such warning citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation. The warning citation shall specify that failure to correct the violation or to appeal the decision to the Board of Adjustment, within a specified time will incur a civil penalty, together with costs and attorney fees.

(3) Appeal to Board of Adjustment

An appeal from a warning citation shall be taken within ten (10) days from the date of said warning citation to the Board of Adjustment. If a person who receives a warning citation does not appeal the determination within the time established in this Section, then that person may not later appeal to the Board of Adjustment the subsequent imposition of any remedy or penalty provided in this article.

(4) Extension of Time to Correct Violation

Where the Zoning Enforcement Officer determines that the period of time stated in the original warning citation is not sufficient for abatement based upon the work required or consent agreement, the enforcement official may amend the warning citation to provide for additional time, up to but not exceeding 30 days. The Zoning Enforcement Officer may grant an extension only by written notice of extension.

(5) Enforcement Upon Failure to Correct Violation

Upon failure of the violator to obey the warning citation, a civil citation shall be issued by the enforcement official of the Town of Wilkesboro and either served directly on the violator, his duly designated agent, or registered agent if a corporation, either in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of Wilkes County or obtained from the violator at the time of issuance of the warning citation. The violator shall be deemed to have been served upon the mailing of said citation. The citation shall direct the violator to appear before the Zoning Enforcement Officer, or designee, within fifteen days of the date of the citation, or alternatively to pay the citation by mail. The violation for which the citation is issued must have been corrected by the time the citation is paid; otherwise further citations shall be issued.

(6) Emergency Enforcement Without Notice

If delay in correcting a violation would seriously threaten the effective enforcement of this Ordinance or pose an immediate danger to the public health, safety, or welfare, then the Zoning Enforcement Officer may order the immediate cessation of a violation. The Zoning Enforcement Officer may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this Article.

(B) Remedies and Penalties

The Town may use any combination of the following actions and penalties to prevent, correct, stop, abate, or penalize a violation of this Ordinance:

(1) Civil Penalties

Violations of any Town ordinance shall constitute either a misdemeanor or, at the election of the Town, shall subject the offender to a civil penalty upon the issuance of a citation for said violation as hereinafter provided. The civil penalty, if not paid to the Town of Wilkesboro within fifteen days of the issuance of a citation, may be recovered by the Town in a civil action in the nature of debt. Unless otherwise provided by a specific provision of any Town ordinance, said civil penalties shall be in the amount of $50.00 for each violation and each day any single violation continues shall be a separate violation.

(2) Criminal Penalties

Violation of this Ordinance shall constitute a misdemeanor and is punishable by a fine of up to $500.00, and imprisonment of up to 30 days, or both. Notwithstanding the provisions of this article related to warnings, notices, and time periods, any crime for the purposes of a criminal penalty occurs and accrues at the time a person violates this Ordinance, whether or not a warning or notice is given. Each day that any violation continues shall constitute a separate offense for the purpose of assessing criminal penalties.

(3) Injunction and Abatement Order

In addition to the penalties set out above, this Ordinance may be enforced by injunction and order of abatement by the General Court of Justice. When violations occur, the Town may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and/or order of abatement commanding the defendant to correct the violation. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.

(4) Permit Revocation

If a person fails to comply with the terms and conditions of a permit or development approval granted under this Ordinance, the Zoning Enforcement Officer may revoke the permit or development approval.

(5) Disapproval of Subsequent Permits and Development Approvals

As long as a violation of this Ordinance continues and remains uncorrected, the Zoning Enforcement Officer may withhold, and the Zoning Enforcement Officer and other Town boards may disapprove, any request for permit or development approval or authorization provided for by this Ordinance for the land on which the violation occurs.

2.4 Site Plan Approval

Reserved

2.5 Legal Nonconformities

(A) Intent

The intent of this section is to regulate and limit the continued existence of nonconforming uses, nonconforming lots, and nonconforming structures and like improvements. It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their survival except under the limited circumstances established in this section.

(B) Establishment

(1) A legal nonconformity (hereafter referred to as “nonconformity”) is a use, lot, structure or other like improvement that complied with all applicable requirements when it was created, but which does not comply with subsequent amendments to these requirements.

(2) The burden of establishing that a nonconformity is a legal nonconformity shall be solely upon the owner.

(1) Continuation

(a) A nonconforming use may not be enlarged, extended, altered, or replaced, unless the change is to a use permitted in the district in which located, except as provided in (b) below;

(b) A non-conforming use may be extended through portions of a building manifestly arranged or intended for such use, but not otherwise, and shall not extend to occupy land outside such building, or any additional building not used for such non-conforming use at the time that non-conforming status was established;

(c) Normal maintenance or repair of a structure housing a nonconforming use may be performed, provided that the cubic content of the structure shall not be increased.

(2) Discontinuance

(d) If a nonconforming use is abandoned, ceases, or is discontinued for any reason for a period of more than 180 consecutive days, the use shall be considered abandoned. Once abandoned, the use’s legal nonconforming status shall be lost and re-establishment of the use shall be prohibited. Any subsequent use of the property shall comply with the regulations of the zoning district in which it is located.

(e) Evidence of abandonment shall include but not be limited to: cessation or discontinuance of the particular use, disconnection of water service to the property, disconnection of electric service to the property, failure to pay property taxes, or failure to maintain the property.

(f) Any conforming structure housing a nonconforming use that is damaged by any means to an extent exceeding 60 percent shall comply with the use standards of this Ordinance when it is re-constructed. Any conforming structure housing a nonconforming use that is damaged by any means to a lesser extent may continue the nonconforming use if it is reconstructed and used as before within two years of the damage.

(D) Nonconforming Lots

(1) Nonconforming lots, as defined above, may be built upon if compliance is achieved with regard to setback dimensions and other requirements, except lot area or width.

(2) Nothing contained herein exempts a lot from meeting the applicable County Board of Health regulations regarding public facilities such as water and sewerage.

(E) Nonconforming Structures

(1) Normal maintenance and repair is permitted.

(2) Structural changes shall be permitted if the change does not increase the extent of nonconformity and complies with other applicable requirements of this Ordinance.

(3) Any nonconforming structure which has been damaged to an extent exceeding 60 percent of its fair market value shall comply with the dimensional and other applicable standards of this Ordinance when it is re-constructed.

(4) If a nonconforming structure, or portion thereof, or any structure or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs or maintenance, and is declared to be an unsafe structure, it shall thereafter be rebuilt and repaired in conformance with the standards of this Ordinance.

2.6 Vested Rights

(A) Definitions

(1) Vested Right. A right pursuant to G.S. 160-385.1 to undertake and complete the development and use of property under the terms of and conditions of an approved site-specific or phased development plan.

(2) Site Specific Development Plan. A plan of land development which has been submitted to the Town by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of land. Approval of the following constitutes approval of a site-specific development plan:

(a) a site plan pursuant to Article 2.3 of this Ordinance;

(b) a conditional use permit pursuant to Article 4.4 of this Ordinance;

(B) Establishment

(1) A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site-specific development plan by the Town Board following notice and public hearing requirements as provided in G.S. 160A-364. A site specific development plan shall be deemed approved upon the effective date of approval by the approving authority or ordinance relating thereto, and only to the extent of that approval.

(2) Neither a variance, a sketch plan nor any other document that does not describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a site specific development plan.

(3) The establishment of a vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land-use regulation by the local jurisdiction, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this section.

(4) A vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

(1) A right which has been vested as provided for in this section shall remain vested for a period of two (2) years.

(2) This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the approving authority at the time the amendment or modification is approved.

(3) Following approval, or approval with conditions, of a site specific development plan, nothing in this section shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(D) Termination.

A right that has been vested as provided in this section shall terminate upon any of the following:

(1) No Building Permit. Termination of the applicable vesting period with respect to buildings and uses for which no valid building permit has been issued or for which a valid building permit has expired;

(2) Written Consent. Written consent of the affected landowner;

(3) Threat to Public Health or Safety. Findings by the Zoning Enforcement Officer, who must present the findings to the Town Board for them to adopt by ordinance, that natural or constructed hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

(4) Compensation. Compensation to the affected landowner for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the local jurisdiction, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(5) Misrepresentation. Findings by the Town Board, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the Town Board of the site specific development plan; or,

(6) State or Federal Law. Enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the Town Board may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance, after notice and a hearing.

2.7 Board of Adjustment

(A) Establishment and Membership

(1) Pursuant to G.S. 160A-388, a Board of Adjustment is hereby established. Said board shall consist of at least five members, each to be appointed for three (3) year terms. At least four (4) members will be residents of the Town of Wilkesboro and appointed by the Town of Wilkesboro Board of Commissioners (“Town Board”) and the remaining members will be residents of the Town’s extraterritorial jurisdiction and will be appointed by the Wilkes County Board of Commissioners. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

(2) One alternate member will be appointed by the Town Board, who will serve in the absence of a regular member. The alternate member will be appointed for a term of three (3) years. While serving in the absence of a regular member, the alternate shall have and may exercise all the powers and duties of a regular member.

(3) Members shall serve with such compensation as shall be determined by the Town Board. Also, members may be removed by the Board for inefficiency, neglect of duty, or malfeasance in office, and such removal shall be reported at the next meeting of the Town Board and recorded in the minutes of such meeting.

(4) The Board of Adjustment shall adopt by-laws and rules of procedure that shall govern its proceedings.

(B) Powers of the Board of Adjustment

(1) To hear and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of this Ordinance;

(2) To hear and decide requests for variances from the requirements of this Ordinance;

(3) To review applications for conditional use permits as authorized under this Ordinance;

(4) To make interpretations of the Official Zoning Map and to pass upon disputed questions of lot lines or district boundary lines and similar questions as arise in the administration of this Ordinance;

(5) To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;

(6) To request City Council to hold public hearings on matters within the purview of the Board;

(7) To hear and decide any other matter as required by the provisions of this Ordinance or the Town of Wilkesboro Code of Ordinances.

(1) The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this Ordinance. An appeal may be taken by any person aggrieved by such decision or by an officer, department or board of the Town.

(2) After notice of appeal, the chairperson of the Board of Adjustment shall schedule a hearing, which shall be at a regular or special meeting within sixty (60) days from the filing of such notice of appeal.

(3) A notice of hearing that states the time, place, location of affected property, and the general issue involved, shall be given in at least two (2) of the following ways:

(a) An advertisement in a newspaper of general circulation in the Town of Wilkesboro at least five (5) days before the date of the hearing;

(b) Mailed notice to the parties to the action appealed from, and to such other persons as the Zoning Enforcement Officer shall direct, at least five (5) days before the hearing;

(4) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Board of Adjustment, after the notice of appeal has been filed, that because of facts stated in the certificate, a stay would cause imminent peril to life or property or that because the violation charged is transitory in nature, a stay would seriously interfere with enforcement of this Ordinance. In such case proceedings shall not be stayed except by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the Zoning Enforcement Officer, and on due cause shown.

(D) Conditional Use Permits (See Article 4.4)

(E) Variances

(1) A variance from the literal requirements of this Ordinance may be granted by the Board of Adjustment if it determines, pursuant to findings of fact, that:

(a) strict enforcement of the regulations would result in practical difficulties or unnecessary hardships to the applicant for the variance;

(b) the variance is in harmony with general purpose and intent of the ordinance and preserves its spirit, and;

(2) An application and required submittals shall be done in accordance with forms available from the Zoning Enforcement Officer.

(3) After receipt of the required application materials, the chairperson of the Board of Adjustment shall schedule a hearing, which shall be at a regular or special meeting within sixty (60) days from the filing of an application.

(4) Written notice of the public hearing shall be mailed at least 15 days prior to the date of the public hearing to the applicant and the owners of any property adjoining the property for which the variance is applied for.

(F) Majority Vote Required

The concurring vote of four-fifths (4/5) of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official charged with the enforcement of this Ordinance, or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance, or to grant a variance from the provisions of this Ordinance.

(G) Judicial Review

Every decision of the Board of Adjustment may be appealed to the Superior Court by any aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within 30 days after the filing of the decision in the office of the Zoning Enforcement Officer, or after a written a copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the chairman of the Board at the time of its hearing of the case, whichever is later. The copy of the decision of the Board may be delivered to aggrieved parties either by personal service or by registered mail or certified mail return receipt requested.

ARTICLE III. AMENDMENTS

3.1 General

(A) The Town Board may adopt an ordinance amending the text of this Ordinance or amending the Official Zoning Map upon compliance with the provisions of this section.

(B) A petition for amendment to the text of this Ordinance or to the Official Zoning Map may be proposed by the Town Board, the Planning Board, the Board of Adjustment, the Zoning Enforcement Officer, or other interested person or agency. Forms are available from the Zoning Enforcement Officer.

3.2 Planning Board and Town Board

(A) Referral. The Zoning Officer shall submit the amendment application and his/her review to the Planning Board no later than the first regular meeting after submittal to the Zoning Enforcement Officer;

(B) Recommendation. Within a maximum of forty-five (45) days after the regular meeting at which a review of the application is scheduled, the Planning Board shall submit a recommendation to the Town Board concerning the disposition of the application. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions;

(C) Public Hearing. Following receipt of a recommendation from the Planning Board, the Town Board must hold a public hearing before formally acting on the proposed amendment.

3.3 Public Hearing and Notice Requirements

(A) Text Amendment. The following requirements are established pursuant to G.S. 160A-364:

(1) A notice of the public hearing shall be given once a week for two successive calendar weeks in a paper of general circulation in the area, and;

(2) The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing;

(3) In computing such period, the day of publication is not to be included, but the day of the hearing shall be included.

(B) Zoning Map Amendment (Rezoning). The following requirements are established pursuant to G.S. 160A-384:

(1) A notice of the public hearing shall be sent by first-class mail to the owner of the parcel of land to be rezoned and all of the abutting land owners at the address listed for the owners on the most recent county tax listing;

(2) This notice must be deposited in the mail at least ten (10), but not more than twenty-five (25) days prior to the date of the public hearing;

(3) In computing such period, the day of publication is not to be included, but the day of the hearing shall be included.

(C) Alternate Notice Procedure (Rezoning Only). The following procedure, pursuant to G.S. 160A-384, may be used in lieu of the mailed notice above if the zoning map amendment affects more than fifty (50) properties that are owned by a total of at least fifty (50) different property owners:

(1) An advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and the nature of the proposed change shall be published once a week for four (4) successive weeks in a newspaper of general circulation in the area.;

(2) The final two advertisements shall comply with the provisions of G.S. 160A-364;

(3) The advertisement shall not be less than one-half of a newspaper page in size;

(4) The advertisement shall only be effective for property owners who reside within the area of general circulation of the newspaper that publishes the notice and property owners who reside outside of the newspaper circulation area shall be notified by first class mail at the address listed for the owner on the most recent county tax listing.

3.4 Protest Petitions

(A) In case of a protest against any amendment or change of this Ordinance signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change; or of those immediately adjacent thereto, either in the rear thereof or on either side thereof, extending one hundred (100) feet there from; or of those directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite lots; such amendment shall not become effective except by favorable vote of three-fourths (3/4) of all members of the Town Board.

(B) No protest against any change or amendment of this Ordinance shall be valid or effective under the provisions of the foregoing paragraph unless such protest is in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless such protest shall have been received by the Town Board in sufficient time to allow at least two (2) normal workdays prior to the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition. Such petition shall be accompanied by a map or sketch clearly showing the property of the petitioners in such detail as to show that the ownership requirements of the foregoing paragraph are met, which would compel a three-fourths (3/4) favorable vote by the Town Board.

3.5 Withdrawal of Application

A zoning petition may not be withdrawn by the applicant after publication, or scheduled publication which cannot be cancelled, of notice of public hearing except by permission of the Town Board before which the petition is pending for action or consideration. The filing fees are not refundable, except that the Zoning Enforcement Officer may authorize refund of the fees if no notice expenses related to the petition have been incurred.

3.6 Effect of Denial on Subsequent Petitions

(A) When the Town Board shall have acted upon an application or the application shall have been withdrawn after the first notice of the public hearing thereon, the Board of Commissioner shall not receive another application for the same or similar text or map amendment, affecting the same property or a portion of it, until the expiration of a one year period, extending from the date of action or withdrawal, as appropriate.

(B) The Town Board may on its own motion, however, initiate an amendment of this nature prior to the expiration of the one year period.

3.7 Minor Changes

Typographical errors, spelling changes, numerical reference errors, errors in section or page numbering, or other purely non-substantive editorial changes may be corrected by the Zoning Officer without formal adoption by the Town Board provided that the changes necessary to correct such errors do not change the meaning of the Ordinance. Any correction made pursuant to this section must be documented to the Town Board.

ARTICLE IV. ZONING DISTRICTS

4.1 Official Zoning Map

(A) The Official Zoning Map designates the location and boundaries of the various zone districts established in this Ordinance within the Town and its ETJ (hereinafter “Town”), and is incorporated herein by reference. The Official Zoning Map shall be kept on file in the office of the Zoning Enforcement Officer and is available for public inspection during normal business hours.

(B) Zone District Boundaries

Unless otherwise specified, zone district boundaries are lot lines or the centerline of streets, alleys, railroad rights-of-way, or such lines extended. Where a zone district boundary divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided that the boundary adjustment is a distance of less than 100 feet.

Changes made in zone district boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with the provisions of this Ordinance. Changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Town Board with an entry on the Official Zoning Map.

(D) Mapping Disputes

The Zoning Enforcement Officer shall have the authority to interpret the Official Zone District Map and determine where the boundaries of the different zone districts fall, if in dispute.

4.2 Zoning Districts – Intent and Dimensional Requirements

(A) R-20A – Residential/Agricultural

(1) Intent

The purpose of the R-20A district is to provide for development compatible with bona-fide agricultural uses and rural residential uses, such as manufactured housing.

(2) Application Criteria

These districts will usually be applied:

(a) in the Town’s extraterritorial jurisdiction and;

(b) adjacent to areas zoned R-20, B-3, M-2.

(3) General Dimensional Requirements

There are two lot size requirements for the district depending on whether a lot is served by centralized water or sewer.

Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Minimum Side Setback (ft)		Minimum Rear Setback (ft)	Maximum Building Height (ft)
Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Interior Lot	Corner Lot	Minimum Rear Setback (ft)	Maximum Building Height (ft)
20,000 (without centralized water or sewer)	100	2.18	40	15	25 [see Art.6.1(A)]	30 [see Art.6.1(A)]	35
12,000 (with either centralized water or sewer)	90	3.63	35	10	20 [see Art.6.1(A)]	25 [see Art.6.1(A)]	35

(B) R-20 – Suburban Residential

(1) Intent. The purpose of the Suburban Residential district is to provide areas suitable for low- to moderate-density residential development and supporting public, institutional, and other compatible uses that are designed, constructed, and maintained to avoid detracting from a healthy and aesthetically-pleasing residential environment. This district is generally designed to encourage development of single-family detached residences.

(2) Application Criteria. These districts will usually be applied:

(a) Adjacent to areas zoned R-20A, R-8, B-2, B-3, M-2, PUD, or areas laying just outside of the extraterritorial jurisdiction of the Town;

(b) Neither centralized water nor sewer exists at the site;

(3) General Dimensional Requirements. There are two lot size requirements for the district depending on whether a lot is served by centralized water or sewer.

Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Minimum Side Setback (ft)		Minimum Rear Setback (ft)	Maximum Building Height (ft)
Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Interior Lot	Corner Lot	Minimum Rear Setback (ft)	Maximum Building Height (ft)
20,000 (without centralized water or sewer)	100	2.18	40	15	25 [see Art.6.1(A)]	30 [see Art.6.1(A)]	35
12,000 (with either centralized water or sewer)	90	3.63	35	10	20 [see Art.6.1(A)]	25 [see Art.6.1(A)]	35

(1) Intent. The purpose of the Single-Family Residential district is to provide areas suitable for moderate-density residential development and supporting public, institutional, and other compatible uses that are designed, constructed, and maintained to avoid detracting from a healthy and aesthetically-pleasing residential environment. This district will be served by centralized water and sewer facilities.

(2) Application Criteria. These districts will usually be applied:

(a) Adjacent to areas zoned R-20, R-6, B-3, B-1, or PUD;

(b) Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(3) General Dimensional Requirements.

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Maximum Density (du/acre)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

8,000

5.44

[see Art.6.1(B)]

(D) R-6 – General Residential

(1) Intent. The purpose of the General Residential district is to provide areas for higher-density single-family residential, two-family residential, multi-family residential, and other compatible uses that are designed, constructed, and maintained to avoid detracting from a healthy and aesthetically-pleasing residential environment. This district also serves as a transitional district for areas that may be changing from single-family to more intense uses such as multi-family or professional uses. This district will be located in urbanized areas with access to a full range of urban services.

(2) Application Criteria. These districts will usually be applied:

(a) Adjacent to areas zoned R-8, B-1, B-2, B-3, M-2, or PUD;

(b) Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(3) General Dimensional Requirements. There are several lot size requirements for the district depending on the use.

Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Minimum Side Setback (ft)		Minimum Rear Setback (ft)	Maximum Building Height (ft)
Minimum Lot Area (sq. ft.)	Minimum Lot Width (ft)	Maximum Density (du/acre)	Minimum Front Setback (ft)	Interior Lot	Corner Lot	Minimum Rear Setback (ft)	Maximum Building Height (ft)
6,000 - single-family	60	7.26	25	8	18 [see Art.6.1(C)]	30 [see Art.6.1(C)]	35
9,000 - two-family	70	9.68	30	10	20 [see Art.6.1(C)]	25 [see Art.6.1(C)]	35
9,000 - multi-family	80	10.89	35	12	22 [see Art.6.1(C)]	30 [see Art.6.1(C)]	50
6,000 - other uses	60	---	25	8	18 [see Art.6.1(C)]	20 [see Art.6.1(C)]	35

(E) B-1 – Central Business

(1) Intent. The purpose of the Central Business district is to encourage a mixed-use, pedestrian-oriented business district. The district is intended to accommodate a wide range of uses including retail, office, service, and institutional, as well as residential uses on floors above street level. Performance standards shall be used to insure the absence of adverse impacts beyond the zoning district boundaries.

(2) Application Criteria. These districts will usually be applied:

(a) Adjacent to areas zoned B-1, B-2, B-3, or R-6;

(b) Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(3) General Dimensional Requirements.

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

---

See Art. 5.3(C)

---

(F) B-2 – General Business

(1) Intent. The purpose of the General Business district is to provide suitably situated and sized sites that allow a broad range of commercial, office, and service uses. In most cases, this district will be located along thoroughfares, however, the district is not intended to encourage strip commercial development. Performance standards shall be used to insure the absence of adverse impacts beyond the zoning district boundary.

(2) Application Criteria. These districts will usually be applied:

(a) Adjacent to areas zoned B-1, B-2, B-3, M-1, or M-2;

(b) Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(3) General Dimensional Requirements.

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

10,000

100

See Art. 5.3(C)

(G) B-3 – Limited Business

(1) Intent. The purpose of the Limited Business district is to accommodate moderately intense business and institutional uses in proximity to areas of low intensity use, such as residential neighborhoods. This district may also be used in rural areas where urban services are not provided. Performance standards shall be used to insure the absence of adverse impacts beyond the area occupied by the building.

(2) Application Criteria. These districts will usually be applied:

(a) Adjacent to areas zoned R-20, R-6, B-1, B-2, B-3, M-1, or M-2;

(b) Adequate water and sewer facilities exist either through centralized provision or other means;

(c) The site would provide a buffer or step down in the intensity of land use from a commercial or industrial use to a less intense use;

(3) General Dimensional Requirements.

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

10,000

(H) M-1 – Industrial

(1) Intent. The purpose of the Industrial district is to provide locations for enterprises engaged in manufacturing, processing, creating, repairing, renovating, painting, cleaning, and assembling of goods or equipment. This district includes uses that may be offensive due to odors, dust, fumes, traffic, or vibration. The operation may involve some outside activity, such as outdoor storage. To the extent possible, this district will be located away from incompatible uses and separated by features such as roads, natural features, etc. Where this is not possible, performance standards will be used to insure the absence of adverse impacts on adjoining properties.

(2) Application Criteria. These districts will usually be applied:

(a) Adjacent to areas zoned B-2, M-1, or M-2;

(b) Centralized water and sewer exists at the site, or are to be installed as part of the development process;

(d) Where roads, natural features, and the like provide a buffer between the district and other incompatible land uses.

(3) General Dimensional Requirements.

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

40,000

150

See Art. 5.3(C)

---

(I) M-2 - Limited Industrial

(1) Intent. The purpose of the Limited Industrial district is to provide suitable locations for enterprises engaged in limited manufacturing, distribution, wholesaling, warehousing, and related commercial and service activities. The operation will minimize outdoor storage or similar activity that may have adverse impacts outside of the property. Performance standards will be used to insure the absence of adverse impacts on adjoining properties.

(2) Application Criteria. These districts will usually be applied:

(a) Adjacent to areas zoned R-6, B-2, B-3, M-1, or M-2;

(b) Adequate water and sewer facilities exist either through centralized provision or other means;

(3) General Dimensional Requirements.

Minimum Lot Area

(sq. ft.)

Minimum Lot Width (ft)

Minimum Front Setback (ft)

Minimum Side Setback (ft)

Minimum Rear Setback (ft)

Maximum Building Height (ft)

Interior Lot

Corner Lot

20,000

100

See Art. 5.3(C)

---

4.3 Permitted Uses

(A) Table 4.3 lists uses permitted within each district in accordance with the following:

(1) A “P” indicates a use permitted by right;

(2) A “C” indicates a use permitted under certain conditions;

(3) A blank cell indicates a use that is not allowed;

(4) A notation in the “Standards” column indicates the cross-reference for additional standards a use must meet.

(B) Use Interpretation. If an application is submitted for a use that is not listed, a Use Interpretation committee shall be authorized to make a similar use interpretation based on the intent of the district and the similarity to other uses in the district. This committee will consist of the Zoning Enforcement Officer and one member appointed from the Planning Board. If an applicant is denied a favorable use interpretation, they may appeal the decision to the Board of Adjustment in accordance with this Ordinance.

Table 4.3

USE TYPE	R20A	R20	R8	R6	B1	B2	B3	M1	M2	Standards
RESIDENTIAL USES
Accessory Dwelling					P					6.6
Accessory Structures, Customary	P	P	P	P						6.1
Boarding or Rooming House				P
Condominium				C
Duplex				P
Family Care Home	P	P	P	P						6.8
Home Occupation, Customary	P	P	P	P
Manufactured Home	P									6.11
Manufactured Home Park	P									6.12
Mobile Home
Modular Home	P	P	C	C
Multi-Family or Apartments				C						6.16
Single-Family, detached	P	P	P	P
Townhouse			C	C
COMMERCIAL USES
ABC Store						P
Accessory Uses and Structures					P	P	P	P	P	6.1
Adult Establishment						P				6.2
Animal Hospital (without open kennels)						P			P
Appliance Sales and Service						P			P
Bank or Financial Service					P	P	P
Bar or Nightclub						P
Bed and Breakfast	P	P	C	P						6.3
Beauty or Barber Shop					P	P	P
Bicycle Sales and Service						P	P		P
USE TYPE	R20A	R20	R8	R6	B1	B2	B3	M1	M2	Standards
Boat Sales and Service						P			P
Building Materials, Supply and Sales						P		P	P
Bus Station						P			P
Convenience Store without fuel sales					P	P	P		P
Convenience Store/Service Station with fuel sales						P	C		P	6.18
Dance Studio					P	P	P
Dry Cleaning and Laundry						P			P
Drive-Thru Window						P
Farm Equipment Sales and Service	C					P		P	P
Feed and Grain Stores						P		P	P
Florist					P	P	P
Grocery Store					C	P	C
Greenhouse/Nursery	C					P			P
Health and Fitness Center						P	C
Heavy Equipment Sales and Service						P		P	P
Hotel/Motel					C	P
Kennel	C					C			C
Manufactured Home Sales						P
Massage Therapists					P	P	P
Medical or Dental Office					C	P	C
Medical or Dental Laboratory						P		P	P
Mini-Storage Unit						P			P	6.?
Motor Vehicle, Body and Paint Shop						P			P	6.15
Motor Vehicle Rental and Leasing						P
Motor Vehicle Sales and Service	C					P
Motor Vehicle Repair (without open storage)	C					P			P
Motor Vehicle Storage Yard						P		P		6.9
USE TYPE	R20A	R20	R8	R6	B1	B2	B3	M1	M2	Standards
Motor Vehicle Wash or Detailing						P
Music and Art Studio					P	P	C
Office Supplies Sales and Service					P	P
Pawnshop					P	P
Personal Service					P	P	C
Professional Office				P	P	P	C
Restaurant					P	P	C
Restaurant w/ Drive-Thru						P
Retail, General					P	P
*Retail, Single and Multi- Tenant Retail Establishments with a gross floor area equal or greater than 30,000 square feet*						S	S			*Development Standards for Specific Uses* *Section 6.23*
Storage Services						P			P
Theater, Indoor					P	P
PUBLIC/INSTITUTIONAL USES
Assembly Hall/Coliseum						P
Campground	C			C
Cemetery	P	P	P	P		P				6.4
Child Day Care/Nursery School	C			P	P		P			6.5
Church	P	P	P	P	P	P	P
Clubhouse or Lodge	C				P	P	P
College or University	P	P	P	P	P	P	P	P	P
Community Center	C			C	P	P	P
Fire or Police Station	P	P	P	P	P	P	P	P	P
Funeral Home					P	P	P
Golf Course	P	P	P	P		P
Golf Driving Range	C					P			P
Government Offices					P	P	P
Hospitals					P	P	P
Library	P	P	P	P	P	P	P
USE TYPE	R20A	R20	R8	R6	B1	B2	B3	M1	M2	Standards
Museum/Art Gallery					P	P	P
Nursing Home				C	P	P	P
Park, Athletic	P	P	P	P	P	P	P	P	P
Park, Community	P	P	P	P	P	P	P	P	P
Schools, Primary and Secondary	P	P	P	P	P	P	P
Schools, Business/ Technical/Vocational	P			P	P	P	P		P
Telecommunications Antenna	P	P	P	P	P	P	P	P	P	6.19
Telecommunications Tower	C	C	C	C		C	C	C	C	6.19
Utilities, Public	P	P	P	P	P	P	P	P	P	6.17
INDUSTRIAL USES
Asphalt and Concrete Plant								P
Extraction of Earth Products	C
Correctional Facility
Farm, Bona-Fide	P
Feed and Grain Mill	C							P
Fill Site	C							C
Food or Beverage Processing						C		P	C
Freight Terminal						P		P
Junkyard or Salvage Operation								P		6.9
Petroleum Products, Storage and Distribution								P
Publishing and Printing Establishment						P		P	P
Radio and/or Television Studio						P		P	P
Warehousing						P		P	P

Congregate Care Facility

4.4. Conditional Uses

(A) Intent

Conditional uses, because of their inherent nature, extent of development, or external effects, require special care in the control of their location, design and methods of operation, in order to insure protection of the public health, safety and welfare. It is the intent of this section to set forth the additional information required for submittal and consideration of conditional uses and to state the standards by which each application shall be judged.

(B) General Standards and Findings of Fact

The Board of Adjustment shall not approve any conditional use unless it finds:

(1) The use will not materially endanger the public health and safety, if located where proposed and developed and operated according to the plan as submitted.

(2) The use, which is listed as a Conditional Use in the district in which it is proposed to be located, complies with all applicable regulations and standards, including the provisions of Article 4.2 and Articles V and VI of this Ordinance.

(3) The use will not substantially injure the value of contiguous property, or the use is a public necessity.

(4) The use is in compliance with the general plans for the physical development of the Town as embodied in these regulations, or portion thereof, adopted by the Town Board.

(1) Application Submittal Requirements

(a) Applications for approval of a conditional use permit shall be filed on forms available from the Zoning Enforcement Officer.

(b) Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(2) Notice of Public Hearing Required for all Conditional Use Permits

(a) After receipt of the required application materials, the chairperson of the Board of Adjustment shall schedule a hearing, which shall be at a regular or special meeting, within sixty (60) days from the filing of the application.

(b) Notice of the public hearing shall be given once a week for two (2) consecutive calendar weeks in a newspaper of general circulation in Wilkes County. The notice shall be published the first time not less than ten (10) days no more that twenty-five (25) days before the date fixed or the hearing. In computing such period, the day of publication is not to be such period, the day of publication is not to be included but the day of the hearing shall be included.

(c) Written notice shall be sent to all adjacent property owners not less than ten (l0) days before the hearing date. Adjacent property owners are those whose property lies within five hundred (500) feet of the affected property and whose names and addresses are currently listed in the Wilkes County tax records.

(3) Board of Adjustment Action

(a) The Board of Adjustment shall review the record of the public hearing and shall take action on the application based on findings of fact as to the determinations required in Article 4.4.B. All findings shall be based on competent evidence presented at the public hearings.

(b) Action on the application shall be of the following:

(i) Approval;

(ii) Approval subject to conditions; or

(iii) Denial.

(c) If the Board of Adjustment denies the permit, the reasons for its action shall be recorded in the minutes of the meeting.

(D) Imposed Conditions

(1) The Board of Adjustment may impose such reasonable conditions upon approval of a conditional use permit as will afford protection of the public health, safety, and general welfare, ensure that substantial justice is done, and equitable treatment provided.

(2) Any conditions based on time must be consistent with the provisions in Article II on vested rights. Such conditions shall run with the land and use and shall be binding on the original applicant(s) as well as all successors, assigns, and heirs.

(E) Notice of Decision and Issuance of Conditional Use Permit

(1) The Zoning Officer shall cause notice of the disposition of the application to be delivered by certified mail to the applicant and any aggrieved party who has filed a written request for a copy with the Board at the time of the hearing, and shall cause a copy of the decision to be filed in the office of the Zoning Enforcement Officer.

(2) The letter notifying the applicant of the Board's action shall be approved and signed by the Chairman or Vice-Chairman of the Board of Adjustment.

(3) In the case of approval or approval with conditions, the Zoning Officer shall issue the necessary conditional use permit in accordance with the action of the Board of Adjustment and the applicant shall record it in the office of the Wilkes County Register of Deeds within ten (10) days of receipt.

(F) Time Limitations Validity of Conditional Use Permit and Approval of a Site Plan

A conditional use permit issued pursuant to this section shall expire two (2) years after the date of issuance or approval if the work authorized by the permit or approval has not been commenced.

(G) Effect of Denial or Withdrawal on Subsequent Applications

When the Board of Adjustment shall have denied an application or the application shall have been withdrawn, by written notice, after publication of the first public hearing notice, the Zoning Officer shall not accept another application for the same or similar conditional use, affecting the same property or a portion thereof, until the expiration of one year from the date of denial or withdrawal.

(H) Appeal of Decision

A decision by the Board of Adjustment on an application for a conditional use permit may be appealed only to the Superior Court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within thirty (30) days of filing of the decision in the office of the Zoning Officer.

(I) Revocation

(1) A conditional use permit may be revoked by the Board of Adjustment after a finding of the existence of any one of the following conditions:

(a) That the physical construction or activity authorized by a conditional use permit has not commenced within the time limit set above.

(b) That the governmental licensees or permits required for the activity authorized by a conditional use permit have not been obtained or have subsequently been terminated; or

(c) That any of the applicable requirements of this section or any conditions attached to the conditional use permit, or modification of conditional use permit, have been violated.

(2) On request by the holder of a conditional use permit, the Board of Adjustment may, for good cause shown, extend the time limits for commencement of authorized construction or activity by up to twelve (12) months.

(3) The Board of Adjustment may consider reapplication for a conditional use permit on property on which previous permit has been revoked provided that all of the standards which are set forth in this Ordinance are met.

(J) General Requirements

The following additional information is required for all conditional use applications:

Eight (8) copies of the site plan prepared by a registered North Carolina land surveyor or engineer which shall contain the following:

(1) North point, scale and date;

(2) Extent of area to be developed;

(3) Locations and widths of all easements and rights-of-way within or adjacent to the site;

(4) Location of all existing or proposed structures on the site;

(5) Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soil maps;

(6) Location of all water courses on the site, including direction of flow;

(7) Existing topography at a contour interval of five (5) feet based on mean sea level datum;

(8) Proposed or existing fencing, screening, gates, parking, service and storage areas;

(9) Access to site including sight distances of all roads used for access;

(10) Architectural elevations of all structures proposed to be used in the development;

(11) Names and addresses of owners and applicants;

(12) A fee, as set by the Town Board;

4.5. Special Uses

(K) Intent. This ordinance provides for certain uses to be located by right in certain districts where the uses are compatible with the purpose of the district and with other uses to be located in certain districts only by complying with additional development standards to insure the same compatibility. However, certain uses which are basically in keeping with the intent and purpose of the district may have substantial impact on the surrounding area and shall only be allowed after a review of a specific proposal. In order to insure that these uses would be compatible with surrounding development, be in conformance with adopted plans and policies and be in keeping with the purpose of the district in which they are proposed to be placed, they are not allowed to be established as a matter of right. They may be established only after review and approval of a Special Use Permit by the Town Council as set forth in this section.

(L) Procedures for Approval of Special Use Permits. The following information shall be submitted as part of a request for a special use permit. Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(1) A completed written application for a Special Use Permit along with standard application fees required by the town shall be filed with the Zoning Administrator. All other reasonable application expenses incurred by the town for the processing of a special use permit application shall be paid prior to the issuance of a final notification of action taken, and the associated issuance of a special use permit, if any. The application, at a minimum, shall include the following items:

(c) Name, address and telephone number of the applicant and all property owner(s), if different from the applicant, deed book and page number of the property description.

(d) A scaled boundary survey drawn to an appropriate scale prepared by and certified to be correct by a surveyor or engineer registered with State of North Carolina showing the total acreage, present zoning classification (s), date and north arrow.

(e) The current owners’ names, addresses, and tax parcel numbers (as shown on the current year Wilkes County Tax Records), and the uses and current zoning classifications of all adjacent properties.

(f) All existing easements, reservations, rights-of-way and all yard requirements for the zoning district.

(g) A site plan showing all existing and/or proposed buildings, storage areas, parking and access areas, proposed size, layout and setbacks of land and proposed structures, planned illumination, and proposed number, type and location of signs.

(h) Landscape plan showing existing and proposed trees, ground cover and landscape material, proposed screening, including walls, fences or planted areas as well as treatment of any existing natural features.

(i) Plans and elevations for all proposed structures with materials and colors of all exterior surfaces noted.

(j) A map at the same scale as the site plan showing the following:

(i) Delineation of areas within the floodplain as shown on the official flood hazard boundary maps.

(ii) Existing and proposed topography at five (5) foot intervals.

(iii) Plans for providing potable water and for the treatment of wastewater.

(k) Proposed phasing, if any, and approximate completion time of the project.

(2) Prior to submitting an application, the applicant may submit to the Zoning Administrator a sketch plan of the proposed development showing the appropriate location and dimensions of all proposed structures and improvements. The Zoning Administrator shall review the sketch plan and forward the sketch plan to members of the town’s Technical Review Committee and advises the applicant as to its general compliance with this article and any other pertinent regulations and plans.

(3) After the receipt of the required application materials, the Zoning Administrator shall place the item on the planning board agenda which shall be at a regular or special meeting within sixty (60) days from the filing of the application.

(4) The Planning Board shall have a maximum of forty-five (45) days from the date at which it met to review the application and to submit its recommendation to the Town Council. If a recommendation is not made during the 45 day period, the application shall be forwarded to the Town Council without a recommendation from the Planning Board.

(5) When dealing with the Special Use Permit process, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the Zoning Administrator, the Technical Review Committee, the Planning Board and/or the Town Council may request additional information, as they may individually deem necessary.

(6) Once the application is forwarded to the Town Council from the Planning Board (or the Zoning Administrator as prescribed in Section 4.5 (B)(4)), the Town Council shall consider conducting a public hearing. If a public hearing is held, due notice of such public hearing shall be published in a manner similar to that as prescribed in Section 3.3 – Public Hearing and Notice Requirements.

(C) Town Council Decision. If the Town Council should find, after conducting a public hearing, that the proposed Special Use Permit should be granted, the Town Council may impose such additional reasonable and appropriate special conditions upon such Special Use Permit, as it may deem necessary. In no instance shall any of these conditions be less restrictive than any requirements which would pertain to that particular development found in the same zoning district. Any conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development and other matters that the Town Council may find appropriate or the petitioner may propose. The conditions may include sign controls and architectural review or control. The landscaping provisions of the Tree Ordinance shall be minimum landscaping requirements as a condition for awarding a SUP, however, the Town Council may impose additional reasonable landscaping requirements as a condition for awarding a SUP as the Council considers necessary to protect the health, safety and welfare in accordance with the purpose and intent of this Ordinance. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Town Council. The Town Council shall give due regard to the intent and purpose of this section of the Ordinance and that the public health, safety and welfare will be secured and substantial justice done.

(1) Burden of Proof. The applicant has the burden of producing competent material and substantial evidence, tending to establish the existence of the facts and conditions which the appropriate section of this Ordinance requires for the issuance of a Special Use Permit.

(2) Voting. When deciding Special Use Permits, the Town Council shall follow quasi-judicial procedures. No vote greater than a majority vote shall be required for the Council to issue such permits. For the purposes of this Section, vacant positions on the Council and members who are disqualified from voting on a quasi-judicial matter shall not be considered “members of the Council” for calculation of the requisite majority.

(3) Findings to be made by Town Council. The Town Council shall issue a Special Use Permit only after having conclusively confirmed each of the following findings:

(a) The use will not materially endanger the public health or safety if located where proposed and developed according to the submitted plan.

(b) The use meets all required conditions and specifications.

(d) The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with this Ordinance and adopted town plans and policies.

(e) Additional review criteria, as listed for specific uses in Section 4.5(J), shall also be considered and addressed where required.

(4) Appeal of Town Council Decision on Special Use Permit. Every SUP decision of the Town Council shall be subject to review by the Superior Court by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the appropriate Clerk of Superior Court within thirty (30) days after the decision of the Town Council is filed in the Office of the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the Clerk at the time of the hearing of the case, whichever is later. The decision of the Town Council may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.

(D) Binding Effect.

Any Special Use Permit so authorized shall be likewise binding to the property included in such permit unless subsequently changed or amended by the Town Council. Notification of any approved Special Use Permit shall be forwarded to the Wilkes County Register of Deeds for recordation.

However, minor changes in the detail of the approved plan which will (1) not alter the basic relationship of the proposed development to adjacent property, or (2) will not alter the uses permitted or increase the density of development, or (3) will not decrease the off-street parking ratio or (4) reduce the yards provided at the boundary of the site may be made upon submittal to and the subsequent approval of the Zoning Administrator. The Zoning Administrator shall take action on such requests within fifteen (15) days, unless additional information is requested. A written decision shall be provided to the applicant, and, if positive, a copy shall be forwarded to the Wilkes County Register of Deeds. Any applicant may appeal a negative decision of the Zoning Administrator to the Board of Adjustment which shall determine if an amendment to the Special Use Permit is required in order to allow the proposed minor change to be made to the approved plan.

(E) Certificate of Occupancy.

No Certificate of Occupancy shall be issued for any building or land use on a piece of property which has received a Special Use Permit unless the building or structure is constructed, or used, or the land is developed or used in conformity with the Special Use Permit as approved by the Town Council. In the event that only a segment of a proposed development has been approved, the Certificate of Occupancy shall be issued only for that portion of the development as approved.

(F) One Year Limitation

(1) If a Special Use Permit request is denied by the Town Council, a similar application for a Special Use Permit for the same property or any portion thereof shall not be filed until the expiration of a twelve (12) month period from the date of most recent determination by the Town Council.

(2) This waiting period shall not be applicable or otherwise be involved in the filing of a new application for rezoning of all or any part of the property previously considered by the Town Council where the new application requests rezoning to a different zoning district and/or where the application for a Special Use Permit is substantially different from the original application.

(G) Change in Special Use Permit.

Any request to materially change a SUP shall be reviewed by the Planning Board as required by Section 4.5 (B) or in compliance with the applicable portion of the minor change approval procedure set forth in Section 4.5 (D). The Town Council may thereafter change or amend any previously approved Special Use Permit, only after having held a public hearing. Notice of a public hearing shall be in accordance with the provisions of Section 3.3. Amendment by the Town Council of a Special Use Permit shall be subject to the same considerations as provided for in Section 4.5(C)(3).

(H) Time Limitations Validity of Special Use Permit and Approval of a Site Plan. A Special Use Permit issued pursuant to this section shall expire two (2) years after the date of issuance or approval if the work authorized by the permit or approval has not commenced.

(I) Revocation.

(7) A Special Use Permit may be revoked by the Town Council after a finding of the existence of any one of the following conditions:

(d) That the physical construction or activity authorized by a Special Use Permit has not commenced within the time limit set above.

(e) That the governmental licensees or permits required for the activity authorized by a Special Use Permit have not been obtained or have subsequently been terminated; or

(f) That any of the applicable requirements of this section or any conditions attached to the Special Use Permit, or modification of Special Use Permit, have been violated.

(8) On request by the holder of a Special Use Permit, the Town Council may, for good cause shown, extend the time limits for commencement of authorized construction or activity by up to twelve (12) months.

(9) The Town Council may consider reapplication for a Special Use Permit on property on which previous permit has been revoked provided that all of the standards which are set forth in this Ordinance are met.

(J) Additional Review Criteria.

The review criteria specified for each of the following uses shall be addressed by the Town Council as an integral part of any applicable Special Use Permit review activity:

(1) Single and Multi-Tenant Retail Buildings with a gross floor area equal to or greater than 30,000 square feet.

(a) Access to public streets and the adequacy of those streets to carry anticipated traffic.

(b) On-site circulation for both pedestrian and on-site and off-site vehicular traffic circulation patterns.

(d) Compatibility of the proposed use with the general characteristics of the area with respect to the location and design of structures, the location, design and landscaping of parking and service areas, and the location, size and character of signs and the streetscape.

(K) Additional standards for findings of fact require in specific uses.

The review criteria specified for each of the following uses shall be addressed by the Zoning Board of Adjustments as an integral part of any applicable conditional use permit.

(1) Assembly/Coliseum Uses.

(a) Compatibility of proposed use with the general characteristics of the area with respect to the location and impacts of existing land use:

(b) Compatibility with the Town of Wilkesboro and Wilkes County’s economic development efforts to bring additional jobs to the area:

(d) Adequate parking for the use can be onsite or though a shared parking agreement

(e) The existing structure can be modified to meet all building and fire codes:

(f) Access to the site can be provided by the existing roads or improvements of existing roads can be improved to meet the transportation requirements of the new use:

(g) Meets all adequate zoning codes:

(h) Adequate traffic control is provided for each special event:

ARTICLE V. GENERAL DEVELOPMENT STANDARDS

5.1 Principal Structures

There shall be only one principal structure per zoning lot, except in cases of an approved multi-family development or other group projects that are not subject to this provision.

5.2 Minimum Frontage

No building shall be erected on any lot which does not abut at least twenty-five (25) feet on a publicly dedicated or maintained street.

5.3 Exceptions to Height and Setback Regulations

(A) Height Limitations. The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observations towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts aerials and similar structures, except as other wise provided in the vicinity of airports.

(B) Front Yard Setbacks for Dwellings. The front yard setback requirements of this ordinance for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within one-hundred (100) feet on each side of the proposed dwelling within the same block and zoning district and fronting on the same side of the street is less than the minimum required front yard depth. In such case, the setback on such lots may be less than the required setback, but not less than the average of the existing on the aforementioned lots, or within ten (10) feet of the street right-or-way line, whichever is greater.

(C) When No Side Setback is Required. In cases where no side yard is required, if a side yard is provided it must be at least four (4) feet in width to allow for maintenance, cleaning, etc.

5.4 Visibility at Intersections.

On a corner lot no planting, structure, fence, wall, sign, or obstruction to vision more than three (3) feet in height shall be placed or maintained within the triangular area formed by the intersection of street lines and a straight line connecting points on said street lines each of which is a twenty (20) feet distance from the point of intersection.

5.5 Off-Street Parking

(A) Required. Off-street automobile parking shall be provided on every lot on which a use is established. If no parking space can be reasonably provided on the same lot, such space shall be provided on a lot of which a substantial portion is within five-hundred (500) feet of such use. No Certificate of Occupancy will be issued upon completion of any building or group of buildings unless all off-street parking requirements are in place and ready for use.

(B) Central Business District Parking. Uses in the B-1, Central Business District, are exempt from parking requirements unless required by other provisions of this Ordinance.

(C) Combined Parking. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half (1/2) of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

(D) Reduction in Number of Required Spaces. As part of its review, the Town Board may reduce the required number of parking spaces required by this section by up to 10% upon finding that the reduced number of parking spaces will be sufficient to satisfy the demand for parking expected for the use, considering: the nature of the use, the number of trips generated by the use, the times of day when the use generates the most trips, and the extent to which other establishments are located on the same property and may reduce the number of vehicle trips required between different establishments.

(E) Size and Number. Each parking space shall be not less than nine (9) feet by nineteen (19) feet, in or exclusive of adequate access drives and maneuvering space. Each space shall be provided with vehicular access to a street or alley and shall be equal in number to at least the minimum requirement for the uses set out in Table 5.5. Requirements based on the number of seats, students, etc., are based on the design capacity of the building.

Table 5.5

Residential Uses	Parking Requirements
Single Family, Duplex, Condominiums, Manufactured Homes, and similar residential	2 spaces per dwelling unit
Multi-family (apartments, etc.)	2 spaces per one-bedroom unit and two-bedroom unit; 2.5 spaces per 3 + bedroom unit
Multi-family for elderly, handicapped (including group homes)	1 space per resident
Rooming or Boarding House	1 space plus one for each room to be rented

Institutional Uses	Parking Requirements
Churches and similar places of worship; funeral homes	1 space per 4 seats in principal auditorium
Clubs, lodges, fraternal organizations, civic organizations, etc.	1 space per 400 sq. ft. of gross floor area or 1 space per 2 seats of meeting space, whichever is greater
Schools, elementary and intermediate	2 spaces for each classroom and 1 space for each administrative office
Schools, senior high	2 spaces per classroom plus 1 per 3 students
Hospital	1 space per patient bed plus 1.25 per full-time employee (total number, regardless of shifts)
Colleges	1 space per classroom 1.5 spaces per 2 students
Libraries, Museums, and other like cultural establishments	1 space per 250 sq. ft. of gross floor area
Day Care Centers	1 space per 8 to 10 licensed attendees plus 1 per employee
Nursing/Rest/Convalescent Homes	1 space per 4 residents plus 1 per staff member on largest shift
Stadium, Auditorium, Theater, Convention Center	1 space per 2 seats
Golf Courses	4 spaces per green plus 1 per employee
Community Recreation Centers	1 space per 250 sq. ft. of gross floor area
with swimming pool	1.25 spaces per lane
with tennis or racquets courts	3 spaces per court

Commercial/Business/Office Uses	Parking Requirements
Restaurants	1 space per 3 seats
- with drive-thru	3 stacking spaces for each window
Auto Repair Establishments	4 spaces per service bay or rack
Convenience Mart	1 space per 200 sq. ft. of gross floor area
Banks	1 space per 300 sq. ft. of gross floor area plus:
- drive-thru	3 stacking spaces for each window
- automated teller machine	1 space per machine
Medical/Dental/Vet offices and/or clinics	1 space per 300 sq. ft. of gross floor area
Hotels/Motels	1 space per room plus 1 space per 3 employees on largest shift plus:
- with conference/meeting facilities	1 space per 250 sq. ft. of gross floor area
Commercial Recreation, Indoor, such as: - dance instruction - martial arts instruction - skating rink - billiard parlor - bowling alley - music instruction, etc.	1 space per 250 sq. ft. of gross floor area
Commercial Recreation, Outdoor, such as: - driving range - miniature golf - skeet range, etc.	1.5 spaces for every tee, station, or other method of designating the total number of participants at the facility at one time
Retail Establishments	1 space per 200 sq. ft. of gross floor area
Offices (general, professional)	1 space per 300 sq. ft. of gross floor area
Home Occupation	1 space in addition to residential requirements
Auto/Boat/Truck Sales and Rental	1 space per 300 sq. ft. of enclosed gross floor area plus 1 space per 5,000 sq. ft. display area
Shopping Centers	5 spaces per 1000 sq. ft. of leasable area (not including restaurants, which still must meet seating requirement)
Personal Service Establishments (barbers, tanning, etc.)	1 space per 200 sq. ft. of gross floor area

Industrial/Wholesale Uses	Parking Requirements
Manufacturing, Heavy	.75 space per employee on largest shift plus 1 space per truck
Manufacturing, Light	1 space per 500 sq. ft. of gross floor area
Wholesale Establishments	1 space per 500 sq. ft. of gross floor area
Warehousing and Distribution Establishments	1 space per 500 sq. ft. of gross floor area
Warehouses/Storage	1 space per employee plus 1 space per truck

5.5 Off-Street Loading Space

(A) Required. Every building used for business, trade, or industry hereafter erected shall provide space as indicated herein for the loading and unloading of goods, etc. Each space shall have access to an alley or street.

(B) Size and Number. Each off-street loading space shall have minimum dimensions fourteen (14) feet in height above the alley or street grade and twenty-five (25) feet in depth from the alley or street line. The number of spaces required is as follows:

(1) Retail: One (1) space of three hundred (300) square feet for each five thousand (5,000) square feet of floor area;

(2) Wholesale/Industry: One (1) space of five hundred (500) square feet for each ten thousand (10,000) square feet of floor area.

5.6 Signs

(A) Intent.

The intent of this section is to establish reasonable and impartial regulations for all types of signs. It is hereby determined that signs are a legitimate and beneficial use of property. However, the regulation thereof is necessary to protect the public health, safety, convenience and welfare; to reduce potential traffic hazards caused by unregulated signs which may distract, confuse and impair the visibility of motorists and pedestrians; to facilitate fire and police protection; to ensure the effectiveness of public traffic signs and signals; to protect the public investments; and to preserve scenic, economic and property values by promoting the development of an attractive, visually pleasing community.

(B) Provisions Declared to be Minimum Requirements.

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. Wherever the requirements of this Ordinance are at variance with the requirements of any other Town ordinances or State laws the highest or most restrictive standard shall apply.

Except as otherwise provided in Article 5.7(E), “Signs Not Requiring A Permit”, no sign may be replaced, erected, moved, enlarged, or altered in any manner except for routine maintenance unless a zoning compliance permit is obtained. Such permits shall include a scaled drawing of the proposed sign(s) showing the size, height, method of illumination and whether it will be attached or freestanding. Also, if deemed necessary by the Zoning Enforcement Officer, a site plan shall be submitted showing the location of the sign on the property in relation to lot lines, buildings, sidewalks, intersections and overhead utility lines along with any other necessary information needed in order to carry out the purpose and intent of these regulations. If building site plans submitted for a zoning permit or conditional use permit include sign plans in sufficient detail that the Zoning Enforcement Officer can determine whether the proposed sign or signs comply with the provisions of this section, then issuance of the requested building site plan or conditional use permit shall constitute approval of the proposed sign or signs.

(D) General Standards

(1) Sign Area Determination

(a) The surface area of a sign shall be computed by including the entire area within the smallest continuous rectilinear perimeter of not more than eight straight lines or a circle enclosing the extreme limits of the writing, representation, emblem or any elements of display together with any interior air space and any material or color forming an integral part of the background of the display used to differentiate the sign from the backdrop or structure against which it is placed, but not including any necessary supporting framework or bracing that is clearly incidental to the display itself.

(b) Where a sign has two (2) display planes or faces back to back, the area of only one face shall be considered as the sign area provided that at no point are the two faces more than two (2) feet apart from one another.

(c) In the case of other multi-sided signs such as cylindrical or cubed sign, which are substantially three-dimensional in respect to their display area, all areas which can be viewed simultaneously from any one point shall be considered the sign area.

(2) Sign Height Determination. Reserved

(3) Obsolete or Abandoned Signs

Non-conforming signs or parts of signs which advertise or pertain to a business, product, service, commodity, event, activity or purposes which either no longer exists, has been discontinued or has not been in use for 180 days or more shall be deemed to be an abandoned sign and shall be removed upon notice by the Zoning Enforcement Officer.

(4) Little or No Building Frontage

Establishments with little or no building frontage, such as interior office establishments, may have a maximum of 24 square feet of sign area provided that the total maximum permitted sign area allowed for the premises is not exceeded.

(5) Freestanding Signs

(a) Freestanding signs shall be permitted only when the principal building or structure in which the activity is conducted is set back at least twenty (20) feet from the edge of pavement/face of curb of the adjacent roadway.

(b) No portion of a freestanding sign shall be located closer than ten (10) feet to any adjacent lot line of a separate lot and twenty (20) feet if the side lot line abuts a residentially zoned district.

(d) All freestanding signs shall be self-supporting structures set into or erected on and permanently attached to concrete foundations. Such signs shall comply with all applicable building codes and a building permit shall be obtained from Wilkes County Building Inspections Department.

(e) In addition to the previously stated setback requirements of this section no part of any freestanding sign shall extend into or over an existing right-of-way as shown on the Wilkes County tax maps or a survey.

(f) No freestanding sign shall be located directly underneath any overhead utility lines.

(g) Freestanding signs may be allowed within a landscaped median or island inside the street right-of-way of entrances to subdivisions, planned developments etc., provided that:

(i) The Town will not be responsible for maintenance;

(ii) An entity responsible for maintenance shall be created;

(iii) No such signs shall interfere with sight distance or with normal maintenance requirements.

(h) Free standing signs shall be placed one hundred (100) feet apart unless separated by a public right of way of at least 50 feet.

(4) Sign Illumination

(a) No signs inside of, or within, 150 feet of a residential district may be illuminated between the hours of twelve midnight and 6:00 A.M., unless the impact of such lighting beyond the boundaries of the lot where it is located is inconsequential. Freestanding signs located in Residential Districts may not be internally lit. On premise church signs are exempt from this section.

(b) Any light from any illuminated sign or floodlight used to illuminate a sign shall be shaded, shielded of directed so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises.

(c) Illuminated tubing or strings of lights that outline property lines sales area, roof line, doors, windows or similar areas are prohibited except as permitted in Article 5.7(E) Holiday Decorations.

(d) Flashing signs as listed in Article 5.7(F), Prohibited Signs, are prohibited.

(E) Signs Not Requiring a Permit and Certain Temporary Signs

Signs listed in this section are exempt from the permit requirements of Article 5.7(C) and may be erected in any zoning district provided they comply with the conditions described herein. Signs permitted in this section shall not be considered in determining maximum permitted sign area. However, if a sign exceeds the size or in any other way does not comply with these limitations, it shall be subject to all other provisions of this ordinance, and shall be included in computing the maximum permitted sign area. All such signs except government signs shall be located outside of the road right-of-way as determined by the Wilkes County tax maps, off government and utility poles, and outside of any sight distance triangle as described in Article 5.4.

(1) Address and Name Signs: Signs indicating the address and/or name of residential occupants or the Address of commercial occupants or the premises, not exceeding a total of ten square feet in area, and not including any commercial advertising or identification, also newspaper mailboxes identifying the name of the newspaper.

(2) Artwork: Integral decorative or architectural features of buildings or works of art so long as such Features or works do not contain letters, trademarks, moving parts or lights or any commercial references or messages.

(3) Church Directional Signs: Off-premise identification and directional signs provided no such sign shall exceed six (6) square feet in area. This exemption covers up to two (2) such signs per church.

(4) Construction Site and Subdivision Signs: Temporary on-premise signs identifying the project name, owner, developer, etc. Each site shall be limited to one sign per street frontage with each not exceeding fifty (50) square feet and ten (10) feet in height. Signs shall be removed by the time either a permanent sign is erected or thirty days after the certificate of occupancy is issued or two years after the first certificate of occupancy is issued in the case of a subdivision whichever comes first.

(5) Directory Signs: On premise signs directing traffic or identifying buildings within the premises that do not exceed four (4) square feet each.

(6) Farm Products Signs: One on-premise sign announcing the availability of seasonal farm products produced on the site. Such signs shall not exceed twenty (20) square feet in area and six (6) feet in height nor remain on-site for more than thirty days per calendar year.

(7) Flags, Emblems and Symbols: On premise flags, emblems and symbols representing any government, religious, charitable, civic, public or not for profit organization, subject to the following: No single non-governmental flag shall exceed forty (40) square feet with up to three such flags per premises. Flagpoles shall not exceed fifty (50) feet in height.

(8) Holiday Decorations: Seasonal decorations including displays and lights provided such lights do not constitute a visibility hazard for motorists. Such decorations are allowed from November 1 to January 31 and during other State recognized holidays.

(9) Merchandise on Display: Offered for sale or rent on the premises where displayed, subject to the height and setback and sight distance triangle requirements of Article 5.4.

(10) Non-changeable Copy Portable Signs: As permitted in 5.7(I).

(11) Political Signs: Erected in connection with public elections or campaigns. Such signs shall not exceed sixteen (16) square feet each and shall not be erected more than 60 days prior to said election and shall be removed within 7 days after the elected conclusion of the campaign.

(12) Real Estate Signs: Indicating the availability of real property for sale, lease or rent and located on said property. Such signs shall be limited to one per street frontage and shall not exceed twelve (12) square feet in residential zones and sixteen (16) square feet in all other zones. If said property lies on a corner lot, double frontage lot or has more than four hundred feet of frontage then a second such sign may be allowed. Maximum height is six (6) feet. In addition, one off-premise sign is allowed per site not to exceed twelve (12) square feet, provided property owner approval is obtained.

(13) Scoreboards: Scoreboards on athletic fields.

(14) Security and Warning Signs: On premise signs regulating the use of the property such as “no trespassing”, “no hunting”, and “no smoking” signs that do not exceed eight square feet each.

(15) Temporary Special Event Signs: On-premise temporary signs, as defined, for all legal uses within all zoning districts, do not require a permit and shall be allowed in addition to the maximum allowable sign area normally permitted provided that such signs shall be in conformance with the following provisions:

(a) Signs shall only be allowed for up to two separate twenty (20) day periods or one continuous forty (40) day period per calendar year.

(b) Any number of separate signs may be erected provided that the total area does not exceed forty (40) square feet.

(d) No such sign shall be illuminated.

(16) Vehicle Signs: Signs painted or otherwise permanently attached to operable currently licensed motor vehicles or truck trailers which are properly parked and not in a stationary position for more than seventy-two hours and where the primary use of the vehicle is not as a sign.

(17) Window Signs: On premise signs located inside an enclosed building and visible through a window or door.

(18) Yard Sale Signs: One on-premise and four off-premise signs per yard sale provided that no sign exceed eight square feet and are removed within twenty-four hours after the sale.

(19) Miscellaneous Exemptions: Such as handicapped parking space signs; the necessary non-commercial sign area of signs used in conjunction with the operation of equipment or other functional elements such as menu boards, automatic teller machines, gas pumps, vending machines on which located; memorial signs, monuments, plaques or grave markers which are non-commercial in nature.

(F) Prohibited Signs

The following signs are prohibited within all Zoning Districts unless expressly permitted elsewhere in this ordinance.

(1) Animated Signs: Signs using mechanical or electronic movement.

(2) Flashing Signs: Signs with flashing or reflective disks, signs with blinking lights or light of changing degree of intensity or color or signs with electrically scrolled messages except signs, which give the time and temperature only. If a time and temperature sign is used, and its display alternates between each type of message, it shall continuously show one message a minimum of three (3) seconds before switching to the other message.

(3) Glaring Signs: With light sources or reflectivity of such brightness that constitutes a hazard or nuisance or is not in accord with 5.7(D)(4), Sign Illumination.

(4) Off-Premise Signs: Unless expressly permitted elsewhere in this ordinance.

(5) Portable and Portable Changeable Copy Signs: As defined, except as permitted in Article 5.7(E)(15) under Temporary Special Event Signs and Article 5.7(I) Signs Permitted in the Central Business District B-1.

(6) Running Signs: Which consist of a series of two or more separate signs placed in a line parallel to a street and carrying a single message, copy or announcement part of which is contained on each sign.

(7) Simulated Traffic Signs, etc.: Signs, lights, rotating disks, words or other devices which resemble, imitate or obstruct the view of any authorized traffic signals or signs, emergency warning or vehicle signs or governmental signs.

(8) Temporary Signs: As defined, except as permitted in Article 5.7(E) under Temporary Special Event Signs and Yard Sale signs.

(9) Windblown Signs: As defined, except as permitted in 5.7(E)(15) under Temporary Special Event Signs.

(10) Signs within or over any public road right-of-way or signs placed on bridges, utility poles, street signs, fire hydrants, parking meter poles, etc., unless otherwise approved by the Town of Wilkesboro.

(11) Any sign which obstructs the view of motorists using any street or approach to any street.

(12) Any sign which interfere with free passage of any fire escape, window, door or opening intended as a means of ingress or egress.

(13) Signs which contain obscene words or words and pictures which offend the public.

(14) Other signs not expressly permitted by this ordinance.

(G) Sign Permitted in Residential Districts

The Residential Districts provide for a quiet environment and sound neighborhoods. Commercial activities are limited. The intent of this section is therefore to provide for a limited use of signs which are generally not illuminated and which will enhance the residentially oriented character of the neighborhoods. Signs allowed without a permit are listed in Article 5.7(E) of this ordinance. The following signs may be placed in said districts subsequent to the issuance of a permit by the Zoning Enforcement Officer. Additional specifications for sign placement are found in Article 5.7(D). All other signs shall be prohibited.

(1) Signs on the premises of Residential Subdivisions, Multi-Family Developments, Nursing Homes and Mobile Home Parks are regulated as follows.

(a) Type: Attached or Freestanding on premises.

(b) Number: One (1) per vehicle entrance onto a public street not to exceed two (2) per development provided that if two free standing signs are used they shall be at least fifty (50) feet apart.

(d) Maximum Height: Attached signs shall not extend above the top building roofline or parapet. Freestanding signs shall not exceed five (5) feet in height.

(e) Minimum Setbacks: Twenty (20) feet from the edge of the street pavement/face of curb or ten (10) feet behind the utility poles whichever is less; ten (10) feet from any other property line and outside of any sight distance triangle as defined in Article 5.4.

(f) Illumination: External or detached illumination only.

(2) Signs on the premises of Churches, Day Care Centers, Civic, Social Service or Fraternal Facilities, Schools, Recreational Facilities, Bed and Breakfast Inns, Offices and other permitted non-residential uses are regulated as follows:

(a) Type: Attached or Freestanding on premise.

(b) Number: Attached, no limit. Freestanding one (1) per vehicular entrance onto a public street not to exceed two (2) per project.

(c) Maximum Area: Forty (40) square feet for churches and schools, all other users are allowed twenty (20) square feet total.

(d) Maximum Height: Attached signs shall not extend above the top building roofline or parapet. Freestanding signs shall not exceed five (5) feet in height.

(e) Minimum Setbacks: Fifteen (15) feet from the edge of the street pavement/face of curb or five (5) feet behind the utility poles whichever is less, plus ten (10) feet from any other property line and outside of any sight distance triangle as defined in Article 5.4.

(f) Illumination: External or detached illumination only.

(H) Signs Permitted in Central Business District (B-1)

The B-1 (Central Business) District has diverse shops and services in close proximity to one another and is scaled primarily to pedestrian use rather than vehicular use. The intent of this section is therefore to promote a village atmosphere. The size and height (scale) and method of illumination of signs can significantly impact the warmth, friendliness and natural beauty of the area. Signs allowed without a permit are listed in Article 5.7(E) of this ordinance. Permits are required for all other signs, which are governed by the following specific criteria and by the additional general criteria in Article 5.7(D). All other signs are prohibited.

(1) Type: Attached or freestanding on premise.

(2) Number: Attached, no limit. Freestanding, one (1) except that two (2) shall be permitted if the principal use has direct vehicular access from two (2) or more public streets. If two freestanding signs are allowed they shall be located at least one hundred (100) feet apart as measured using the shortest straight line distance between the two signs and said signs shall front along the two separate streets and not along the same street.

(3) Maximum Area: Total sign area shall not exceed one and one half (1 ½) square foot of sign area per linear foot of building frontage or ten (10%) percent of the vertical or near vertical (in the case of mansard type roofs) area of the building front or wall on which the sign will be attached, or erected in front of, if the sign is freestanding. The total sign area may be divided among attached and freestanding signs in any proportion provided that no single freestanding sign exceed twenty-four (24) square feet and no single attached sign exceed sixty (60) square feet.

(4) Maximum Height: Attached signs shall not extend above the top building roofline or parapet. Freestanding signs shall not exceed ten (10) feet in height.

(5) Minimum Setbacks: Attached signs shall not project from the building front more than five (5) feet unless said signs are an integral part of any awning or canopy. In either case, said signs shall be located no closer than three (3) feet from any street pavement/face of curb. Attached signs which project from the building in a perpendicular fashion shall be at least eight (8) feet above the ground. Freestanding signs shall only be allowed where the principal building, along with any canopy or awning, is setback at least twenty (20) feet from the edge of the street pavement/face of curb. Such signs shall be setback at least eight (8) feet from the edge of the street pavement/face of curb and shall not interfere with existing or proposed sidewalks.

(6) Non-Changeable Copy Portable signs: Are allowed provided they do not exceed nine (9) square feet in area and do not extend more than three feet from the building wall and are at least eight (8) feet from the edge of the street pavement/face of curb and does not create a hazard for pedestrians.

(7) Illumination: External or detached illumination only.

(I) Signs Permitted in General Business (B-2), Limited Business (B-3), Limited Industrial (M-2) and Industrial (M-1) Districts

The B-2 and M-1 Business and Industrial Districts provide for a variety of commercial services. These districts are often located along highly traveled roads with speeds up to 50 m.p.h. Therefore, it is the intent of this section to allow for an efficient means of identifying establishments quickly and easily while still considering the purpose and intent of this section. Signs allowed without a permit are listed in Article 5.7(E). Permits are required for all other allowed signs which are governed by the following specific criteria and by the additional general criteria in Article 5.7(D). All other signs are prohibited.

(1) Signs on the premises of single office, commercial or industrial establishments or other uses are permitted as follows:

(a) Type: Attached or freestanding on premise.

(b) Number: Attached, no limit. Freestanding one (1) except two (2) shall be permitted if the principal use has direct vehicular access from two (2) or more public streets. If two freestanding signs are allowed, they shall be located at least one hundred (100) feet apart as measured using the shortest straight line distance between the two signs and said signs shall front along the two separate streets and not along the same street.

(c) Maximum Area: Total sign area shall not exceed one and one-half (1 ½) square feet of sign area per linear foot of building frontage up to a maximum of (200) square feet of signage per premises. The total sign area may be divided among attached and freestanding signs in any proportion provided that no single freestanding sign exceeds one hundred (100) square feet in area.

(d) Maximum Height: Attached signs shall not extend above the top building roofline or parapet. Freestanding signs shall not exceed thirty (30) feet in height.

(e) Minimum Setbacks: Provided that Article 5.7(D)(5) is complied with, freestanding signs shall be setback fifteen (15) feet from the edge of the public street pavement/face of curb or five (5) feet behind the utility poles whichever is less, plus ten (10) feet from any property line and outside of any sight distance triangle as defined in Article 5.4.

(2) Signs on the premises of multi-tenant developments, e.g.: shopping centers, business parks, etc. are regulated as follows. Multi-tenant developments include two (2) or more of any separate and distinct non-residential licensed establishments, which are located on the same premises.

(a) Type: Attached or Freestanding on premise.

(b) Number: Attached, no limit. Freestanding one (1), except two (2) shall be permitted if the development has direct vehicular access from two (2) or more public streets. If two measured using the shortest straight-line distance between the two signs and said signs shall freestanding signs are allowed they shall be located at least one hundred (100) feet apart as front along the two separate streets and not along the same streets.

(c) Maximum Area: Attached signs shall not exceed one and one-half (1 ½) square foot of sign area per on (1) linear foot of building frontage up to a maximum of (100) square feet of signage per individual establishment. Freestanding signs shall not exceed one hundred twenty (120) square feet apiece for multi-tenant premises with five (5) tenants or less. For multi-tenant developments with more than five (5) tenants freestanding signs shall not exceed one hundred eighty (180) square feet apiece.

(d) Maximum Height: Attached signs shall not extend above the top building roofline or parapet. Freestanding signs shall not exceed thirty (30) feet in height.

(e) Minimum Setbacks: Provided that Article 5.7(D)(5) is complied with, freestanding signs shall be setback fifteen (15) feet from the edge of the street pavement/face of curb or five (5) feet behind the utility poles whichever is less, plus ten (10) feet from any property line and outside of any sight distance triangle as defined in Article 5.4.

(J) Outdoor Advertising Signs (Billboards)

(1) Placement. Permitted only on non-freeway Federal Aid Primary highway and within B-2 or M-1 zoning districts.

(2) Number. No limit, provided that no two signs shall be spaced less than six hundred (600) feet apart as measured by extending a radius around each sign.

(3) Maximum Area. Total sign area shall not exceed 425 square feet and maximum length of sixty (60) feet inclusive of any border and trim but excluding the base of apron, supports and other structural member. If an advertising message appears on the base or apron, it will not be excluded from the maximum dimensions.

(4) Maximum Height. 30 feet as measured from the grade of the adjacent road.

(5) Other Requirements: Except as noted above, Outdoor Advertising Signs should comply with specifications set out in the NCDOT Outdoor Advertising Manual

(6) Delay between Digital Messages. Delay between digital messages shall be at least 12 seconds.

5.7 Addressing

Reserved

5.8 Access

Reserved

5.9 Exterior Lighting

Reserved

5.10 Buffering and Screening

(A) Where a non-residential lot abuts any residential district, there shall be a side or rear yard clearance of at least ten (10) feet on the side and/or rear yard abutting the residential district.

(B) Upon any side or rear lot located in a non-residential zoning district that abuts a residential zoning district there shall be a densely planted buffer strip at least six (6) feet in height along the rear and/or side lot abutting the residential property. No such buffer shall extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.

5.11 Landscaping

Reserved

5.12 Utilities

Reserved

ARTICLE VI. DEVELOPMENT STANDARDS FOR SPECIFIC USES

6.1 Accessory Uses and Structures

(A) In R-20 and R-20A zoning districts, accessory structures are permitted only in a rear yard and shall be not less than fifteen (15) feet from any property line, except on corner lots where they shall be set back at least fifty (50) feet from any side street right-of-way line.

(B) In the R-8 zoning district, accessory structures are permitted only in a rear yard and shall be not less than ten (10) feet from any property line, except on corner lots where they shall be set back at least forty (40) feet from any side street right-of-way line.

(C) In the R-6 zoning district, accessory structures are permitted only in a rear yard and shall be not less than five (5) feet from any property line, except on corner lots where they shall be set back at least thirty (30) feet from any side street right-of-way line.

(D) In the B-1 and B-3 districts, accessory uses shall not include open storage.

6.2 Adult Uses

(A) No adult establishment shall be located within one thousand (1,000) feet of a church, public or private school, library, child day care center, residential district, residential development, public park, or an establishment with an on-premise North Carolina ABC license.

(B) All windows, doors, openings, etc. shall be covered, screened, or located so that views into the interior are not possible from any public area.

6.3 Bed and Breakfasts

Reserved

6.4 Cemeteries

Reserved

6.5 Child Day Care/Nursery School Facilities

At least one hundred (100) feet of outdoor play area shall be provided for each child.

6.6 Dwellings in B-1, Central Business

(A) Ground Floor. A dwelling will only be permitted within the B-1 district if it is in a structure in which the ground floor is used exclusively as a non-residential use.

(B) Parking. A dwelling unit will only be permitted within the B-1 district if it can provide private, off-street parking in accordance with this Ordinance.

6.7 Extraction of Earth Products

Reserved

6.8 Family Care Home

No new family care home is permitted within a one-half (1/2) mile radius of an existing family care home.

6.9 Junkyards/Motor Vehicle Storage Yards

Reserved

6.10 Kennels

Reserved

6.11 Manufactured Homes on Individual Lots

(A) Setup

(1) Manufactured homes shall be set up in accordance with the standards established by the North Carolina Department of Insurance;

(2) All transportation lights and towing apparatus shall be removed.

(B) Roof

(1) A roof shall have a minimum vertical rise of two (2) feet for each twelve (12) feet of horizontal run;

(2) A roof shall be shingled or metal construction.

(1) Wood, hardwood, aluminum, or vinyl comparable in composition, appearance, and durability to the exterior siding common in standard residential construction;

(2) In no case shall aluminum or vinyl siding exceed the reflectivity of glossy white paint.

(D) Skirting

(1) Skirting shall be masonry or stucco and the reflectivity when painted shall in no case exceed that of glossy white paint;

(2) Skirting shall be continuous under all sides of the home except for required ventilation and access;

Skirting shall be installed no later than sixty (60) days after the set up of the home.

6.12 Manufactured Home Parks

(A) Minimum Size. A manufactured home park site shall be a minimum of two (2) acres and have a minimum of five (5) spaces for initial development;

(B) Lot Size. Each manufactured home space shall be a minimum of forty (40) by eighty (80) feet and there shall be no more than eight (8) manufactured home spaces per acre of park area;

(C) Appearance. Homes should meet the appearance criteria in Article 6.11, except skirting may be an all-season, all-weather building product including, but not limited to, vinyl, fiberglass, masonry, or treated lumber;

(D) Interior Setbacks. Any structure shall be located at least ten (10) feet from any internal street and at least ten (10) feet from any adjacent space within the park;

(E) Perimeter Setbacks. The distance of structures from the exterior boundary of the park or abutting street right-of-way shall meet the setback requirements of the district in which the park is located;

(F) Streets. Streets shall be graded and surfaced with not less than four (4) inches of crushed stone and be a minimum width of eighteen (18) feet;

(G) Access. Each manufactured home space shall have direct vehicular access to an internal private street, however, no manufactured home space shall have direct vehicular access to a public or private street outside of the development;

(H) Parking. Two off-street parking spaces shall be provided for each manufactured home space and must be within four (4) feet of the home;

(I) Utilities. Each lot or space shall be equipped with suitable sanitary facilities such as drinking water and wastewater disposal;

(J) Sanitation. Parks must provide sanitation service that consists of either each home having its own container, or a dumpster provided for the entire development. Dumpsters must be screened from public view and shall be maintained to avoid accumulation of rubbish outside of the container.

(K) Open Space. Reserved.

6.13 Mini-Storage Units

Reserved

6.14 Modular Units

Reserved

6.15 Motor Vehicle Body Shop

Reserved

6.16 Multi-Family Dwellings

Reserved

6.17 Public Utilities

(A) In residential zones, public works and public utility facilities such as distribution lines, transformer stations, transmission lines and towers, electric substations, water tanks, and telephone exchanges, should be essential to the service of the immediate area and there should be no vehicles or equipment stored or any offices located on the property. The entire lot shall be landscaped properly and furnished with a densely planted buffer at least six (6) feet in height.

(B) Service and storage yards for public works or public utility facilities are only permitted in an M-1 or M-2 district.

6.18 Service Stations with Fuel Sales

Gasoline pumps and other appliances shall be located at least twelve (12) feet behind the property line.

6.19 Telecommunications Towers and Antennae

(A) Intent

The Town of Wilkesboro desires to encourage the orderly development of wireless communication technologies for the benefit of the Town and its citizens. The Town also recognizes the need to protect the character and appearance of its community. As a matter of public policy, the Town desires to encourage the delivery of new wireless technologies throughout the Town & its ETJ while controlling the proliferation of communication towers. Such development activities will promote and protect the health, safety, prosperity and general welfare of persons living in Wilkesboro.

(B) Permitting Requirements

(1) Application for a permit to construct or site a wireless telecommunications tower or antenna will be on forms provided by the Zoning Enforcement Officer.

(a) Administrative Review. Applications to permit an attached wireless communication facility (i.e., antenna) or to modify an existing wireless communication facility may be processed through the Zoning Enforcement Officer in accordance with any applicable standards of this Article and this Ordinance.

(b) Review by the Board of Adjustment. Applications to permit a new telecommunications tower shall be required to obtain a conditional use permit in accordance with Article 4.4 and any applicable standards of this Article and this Ordinance.

(2) Annual Report. The holder of a permit for a telecommunications tower shall file an annual report on forms provided by the Planning Department that shall demonstrate continuing compliance with the requirements of this Ordinance.

(3) Colocation. The applicant must prove that reasonable attempts to colocate antennae on an existing tower or other suitable structure have been exhausted so as to require the erection of a new tower. Such evidence shall indicate that alternative towers, buildings or other structures are not available at fair market value within the vicinity of the proposed tower which can provide coverage to the proposed service area and which are structurally capable of supporting the intended equipment or which meet the necessary height criteria, and which do not cause interference between the existing and proposed frequencies. The applicant shall provide written documentation that no existing or approved telecommunications tower with a top elevation similar to the proposed tower is able to share space for a new antenna. For purposes of this section an elevation similar to the proposed tower shall include all towers with a top elevation within 10 percent of the total height of the proposed tower.

(4) Proof of Regulatory Compliance. Written statements from the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC) showing that the proposed facilities comply with or is exempt from all appropriate regulations of that agency.

(5) Insurance. Telecommunications towers shall not be constructed unless the company erecting the tower has general liability coverage of at least $1,000,000. The owner of a telecommunications tower shall provide the City with a certificate of insurance showing evidence that it has general liability coverage of at least $1,000,000, and the certificate shall contain a requirement that the insurance company notify the Town 30 days prior to the cancellation, modification or failure to renew the insurance coverage required.

(1) Antennas erected solely for a residential, non-commercial individual use, such as residential television antennas, satellite dishes, or ham radio antennas are exempt from these requirements.

(2) No antenna shall interfere with usual and customary radio and television reception excepting broadcast facilities as provided for in the regulations of the Federal Communications Commission.

(3) All antennas shall comply with FCC and FAA guidelines. The antenna owner shall provide the City each year with a copy of any FCC and FAA license issued.

(4) Antennas shall be restricted to the minimum standards of lighting required by the FAA. All antennas that require flashing lights by the FAA shall utilize a dual lighting system consisting of a white strobe light for daytime lighting and a red flashing light for nighttime lighting.

(5) No antennae shall add more than twenty (20) feet to the height of an existing structure to which they are attached. However, antennae attachments to existing towers shall not increase the height above the maximum permitted.

(6) Antennae shall be designed so as to be compatible with the support structure in terms of structural design, façade colors, and the like.

(7) No antennas, except for those owned by governmental entities and providing emergency services communications, shall be constructed on the property on which a National Register or locally designated historic landmark is located.

(8) No antennas shall be located on structures containing residential dwelling units. Antennas may be located in residential zoning districts by co-locating them on existing water tanks, towers, and similar structures.

(9) In no event shall an antenna extend beyond the structure in any direction greater than thirty (30) inches horizontally or past the boundary line of an adjoining parcel of land, whichever shall be less.

(D) Standards for Siting Telecommunications Towers

(1) Fall Area. Telecommunication towers shall be sited to contain all ice-fall and debris from tower failure. The applicant must present proof of either fee simple ownership, a recorded leasehold interest, or an easement from the record owner of all property within the engineer-certified fall radius of the proposed tower. If the applicant does not submit an engineer’s certification as to the fall radius of the proposed tower, this requirement shall be a radius equal to the height of the tower. The area included within the fall radius may include NCDOT right-of- way if the applicant provides written consent to that effect from the Division Engineer.

(2) Structural Integrity. Towers shall be constructed to the Electronics Industries Association/ Telecommunications Industries Association 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Support Structures,” as the same may be amended from time to time. Any tower shall also comply with the requirements of the North Carolina Building Code, National Electrical Code, Uniform Plumbing Code, and Uniform Mechanical Code.

(3) Spacing. No tower shall be located closer than 2,640 feet from an existing tower as measured from the base of the tower or the guy anchors, whichever shall provide the greatest distance between the towers in question. This requirement may be waived by the Board of Adjustment upon a finding that the applicant has presented information to establish that collocation on an existing tower within 2,640 feet is not possible.

(4) Lighting. Telecommunication towers and antennas shall be restricted to the minimum standards of lighting required by the FAA. Strobe lights shall be red at night and may be either red or white during daylight unless otherwise required by Federal or State regulations.

(5) Landscaping. A minimum area of ten (10) feet around the perimeter of the security fence shall meet the following standards:

(a) One row of evergreen trees with a minimum caliper of 1.75 inches shall be installed with a maximum spacing of 25 feet;

(b) Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least six (6) feet shall be planted with a maximum spacing of five (5) feet and plants shall be at least twenty-four (24) inches tall at time of planting;

(6) Existing Vegetation. Existing mature tree growth and natural land form on the site shall be preserved to the extent feasible. Existing vegetation may be used in lieu of required landscaping where approved by the Zoning Enforcement Officer.

(7) Aesthetics, Materials, and Color. Towers shall be designed to be compatible with existing structures and surroundings to the extent feasible and shall have neutral façade colors and utilize camouflage technology where possible.

(8) Signs. A single sign, two square feet in size, shall be displayed in a visible location near a telecommunication tower. The purpose of the sign is for use by law enforcement departments to contact the company operating the equipment in the event of an emergency. The sign shall contain a number to be assigned to the company and a telephone number for 24-hour emergency contact. No other signs shall be permitted on the facility.

(9) Colocation. The applicant shall assess whether existing towers could accommodate the antenna to be attached to the proposed tower without causing structural instability or electromagnetic interference. If the antenna to be attached to the proposed tower cannot be accommodated on an existing tower, the applicant shall assess, as to each existing tower, whether such tower could be structurally strengthened or whether the antennas, transmitters and related equipment could be protected from electromagnetic interference. The applicant shall also generally describe the means and projected cost of shared use of existing tower which is capable of being used for co-location.

A proposed telecommunications tower shall be designed and constructed to permit the capability for colocation of at least three (3) telecommunication uses if the tower has a height of less than 150 feet, and at least four (4) telecommunication uses if the tower has a height of greater than 150 feet. If a new tower is approved, the owner shall provide written authorization that the tower and its accessories will be available for sharing by other telecommunication facilities at fair market value. The owner shall record in the Office of the Register of Deeds a letter evidencing such intent prior to the issuance of a permit. The letter of intent shall bind all subsequent owners of the approved telecommunications tower.

(10) Public Use. The applicant shall allow public entities use of a telecommunications tower at fair market value on a non-interfering basis if a request is made for such use within 30 days of the filing of the permit application. If it is determined that the proposed tower is situated in a location that will benefit the telecommunication system of either the Town of Wilkesboro or Wilkes County, the tower shall be engineered and constructed to accommodate the additional telecommunication equipment beneficial to the public system.

(11) Noise. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted.

(12) Maximum Height. No telecommunication tower shall exceed 200 feet in height. No telecommunication towers shall be located on top of buildings.

(13) Cessation of Use. Whenever a tower has not been used for a continuous period of one year, the property owner shall cause such tower to be removed within 120 days of the end of such one-year period.

(14) Setbacks. A tower shall be separated from other on-site and off-site towers and supporting structures such that one tower will not strike another tower or its support structure if it falls. In districts in which telecommunications towers are permitted uses, they shall be set back from property lines in accordance with the setback requirements for the district or 10 percent of the tower height, whichever is greater. Additionally, telecommunications towers must set back from any residential districts or uses a distance equivalent to the fall radius of the tower being erected or 200 feet, whichever is greater.

(15) Fencing. The base of the telecommunications tower along with any individual guy wires shall be enclosed by a fence a minimum of eight feet in height.

(16) Signal Interference. No telecommunications tower or antenna shall interfere with usual and customary radio and television reception excepting broadcast facilities as provided for in regulations of the Federal Communications Commission.

(17) Historic Properties. No telecommunication towers shall be constructed in a designated historic district or on property on which a designated historic landmark is located. In addition, telecommunications towers shall not be constructed within 500 feet of a designated historic district. For purposes of this paragraph, the term “historic” shall refer to districts or landmarks which have been nominated to the National Register of Historic Places or have been granted local designation.

Section 6.21

Allowed in B-2, General Business, M-1, M-2, Manufacturing

HELICOPTER LANDING PAD. The designated takeoff and landing area from which helicopter departures and approaches are intended to originate or terminate.

HELIPORT. A helicopter terminal facility for general public transportation with support facilities. The word heliport shall mean an area on the ground used by helicopters, which may include, in addition to the landing pad, passenger and cargo facilities, maintenance, overhaul, fueling, service and storage facilities, tie-down areas, hangars, parking, and other necessary buildings and open spaces. The term heliport includes the terms heliports and public-use heliport used in Federal Aviation Administration publications.

HELISTOP. A limited use helicopter terminal facility, restricted by the owner to the support of a

related business, institution, or other operation. The word helistop shall mean an area, either on the ground or on a building, and shall include the landing pad used by helicopters for the purpose of picking up or discharging passengers or cargo, routine maintenance facilities, parking area, fuel pumping facilities (only if such activity is approved by the appropriate agencies), and storage or hangar facilities, but no other accessory facilities. The term helistop includes the terms private-use heliport and personal-use heliport contained in Federal Aviation Administration publications, except for the limitations on the facility as noted.

SUPPLEMENTARY REQUIREMENTS FOR HELISTOPS OR HELIPORTS

(A) STANDARDS AND REQUIREMENTS

All heliports and helistops will meet the standards and requirements imposed by the Federal

Aviation Administration and all other federal, State, or local agencies having jurisdiction.

(B) SITE SIZE

The minimum site size of helicopter terminal facilities shall be:

(1) Helistops. One hundred (100) feet in width by one hundred (100) feet in length for a

rectangular area, or one hundred twenty (120) feet in diameter for a circular area.

(2) Heliports. Two hundred (200) feet in width by four hundred (400) feet in length for a

rectangular area, or three hundred twenty-five (325) feet in diameter for a circular area.

(C) HOURS OF OPERATION

Nonemergency use of heliports and helistops between the hours of 10:00 P.M. and 6:00 A.M. is

prohibited. Emergencies excepted are for public safety or medical purposes.

(D) SETBACKS

Landing pads for on-grade helistops and heliports shall be set back a minimum of one hundred

(100) feet from any property line and four hundred (400) feet from any building used for

residential purposes, public or private schools, hospitals, or public parks.

(E) LOCATION

Heliports shall be located a minimum one thousand (1,000) feet from other heliports or on-ground

helistops and fifty (50) feet from the easements for high voltage transmission lines.

(F) ACCESS

An on-ground helistop or heliport shall be surrounded by a fence or other barrier which prohibits

access except at a controlled access point. Adequate access for fire and other emergency vehicles

shall be provided to on-ground sites.

(G) DESIGN STANDARDS

Federal Aviation Administration standards for design of helicopter landing pads, taxiways,

parking positions, and pavement grades shall be met. The helistop or heliport landing area shall

be constructed of a material free of dust and loose particles which may be blown about by the

down blast of the helicopter rotor. Adequate drainage shall be provided for the site and approved

by the local jurisdiction.

(H) LIGHTING

Lighting for helistops or heliports is to be provided according to Federal Aviation Administration

requirements and is to be oriented as much as possible away from adjacent uses.

(I) APPROACH SURFACES

Approach surfaces and transitional surfaces for landings and take-offs must be sufficiently clear of

obstructions to meet Federal Aviation Administration slope standards. If necessary, a curved

approach may be used. The landing area shall be aligned to give maximum into-the-wind

operation.

(J) LOCATION ON STRUCTURES

Heliports may not be located on structures. Helistops located on structures require certification of

the structure's integrity by an engineer.

(K) SETBACK ADJUSTMENTS

All setback and distance requirements for elevated helistops may be reduced one foot for each one

foot of the elevation above ground level.

(L) OPERATION AT AN AIRPORT

A heliport or helistop may be operated at an airport facility with the approval of the Federal

Aviation Administration and airport administration.

6.23 Single and Multi-Tenant Retail Buildings Greater than 30,000 square feet

(A) Intent. The intent of this Section is to encourage visual design interest and a pedestrian site design for large-scale retail buildings. These structures shall be designed to reduce the massive scale and uniform, monolithic appearances. Large retail buildings have the potential to create adverse traffic, environmental and aesthetic effects and further erode Wilkesboro’s small town character. Therefore, the Town of Wilkesboro wants careful attention to the local community design issues to promote adaptable large retail buildings that fit the small-town character of this community. Building and site design shall also promote a safe and comfortable pedestrian oriented site with a mixture of uses and sizes of the structures.

(B) Applicability. The following design standards shall apply to new single and multi-tenant retail buildings with a gross floor area equal to or greater than 30,000 square feet and existing vacant single and multi-tenant retail buildings equal or greater to 30,000 square feet undergoing renovations or expansions equal to or greater than fifty percent (50%) of their current assessed value as listed by the Wilkes County Tax Assessor.

(C) General Development Standards. All design standards contained within this Section shall be applicable unless otherwise specified.

(1) Exterior Materials. Predominant exterior building materials shall include wood, brick, limestone, granite, other native stone, or tinted, textured concrete masonry units, or stucco. Prefabricated metal buildings shall have a veneer of wood, brick, limestone, granite, other native stone, or tinted, textured concrete masonry units, or stucco on all sides visible to the public.

(2) Landscaping. Please refer to Section 1-14. Landscaping Requirements for Commercial Development contained in the Wilkesboro Tree Ordinance for specific requirements.

(3) Articulation. Facades greater than one hundred (100) feet in linear length shall be articulated with recesses or projections, which total at least twenty-five (25) percent of that façade. Each recess or projection shall be a minimum of two percent (2%) of the length of that façade. No uninterrupted length of any façade shall exceed seventy-five (75) horizontal feet.

(4) Entrances. Large Retail Establishments over 75,000 square feet shall be required to have at least two customer entrances. The two entrances shall be separated by at least one-third (1/3) of the building.

(D) Building Design. All new buildings shall incorporate at least five (5) of the following design features. Renovations and expansions to existing buildings shall incorporate at least three (3) of the following design features. The Town Council may allow minor deviations to the full requirement of each chosen item if the petitioner can adequately demonstrate that the overall intent and spirit of this Section continues to be adhered to in the overall development design:

(1) Color. Facade colors shall be low reflectance, subtle, neutral or Earth Tone Colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited. Building trim and accent areas may feature brighter colors, including primary colors.

(2) Material and Textures. Buildings shall have at least three (3) of the materials/textures set forth in 6.23 (C) (1).

(3) Pedestrian Walkways. Covered pedestrian walkway (minimum of 8 feet depth across at least 35% of the façade).

(4) Window Display. Clear glass window display areas that covers at least 20% of one façade or 30% of two facades.

(5) Animating Features. Ground floor facades shall have arcades, display windows, entryways, awnings, and other such design features on at least 60% of that façade.

(6) Integral Planters. Integral planters shall be constructed parallel to the building. The intent is to incorporate such an area that shall be a minimum of five (5) feet wide and shall cover at least 35% of the façade.

(7) Parapets. Raised corniced parapets located over the main entrance to the building.

(8) Outdoor Patios. Outdoor patios, which incorporate gathering and sitting opportunities adjacent to the main entrance or on the front façade equivalent to two percent (2%) of the gross square footage of that building. Such areas shall include a seating area with benches or tables and chairs.

(E) Roofs. The following standards are intended to foster a variation in rooflines to soften and reduce the massive scale of large buildings. Roofs shall have the following features:

(1) Parapets concealing flat roofs and roof top equipment such as HVAC units from public view. The height of such parapet shall not exceed one-third (1/3) of the height of the support wall. Such parapets shall feature three dimensional cornice treatments and shall not be of a constant height for a distance of greater than 150 feet.

(2) Three or more roof slope planes.

(F) Transit Stops. Single and Multi-Tenant retail establishments over 80,000 square feet shall provide an off-street transit stop for customers and employees if the development is located on an established or planned public transit route. The location of the transit stop shall be shown on the site plan. The transit stop may be a freestanding structure or an existing overhang/awning incorporated in the design of the building.

(G) Parking Lots and Pedestrian Circulation. The parking lot design and pedestrian circulation routes shall provide a safe, convenient and efficient access for vehicles and pedestrians. Pedestrian circulation via internal public sidewalks shall be encouraged. The placement of structures shall enhance and promote pedestrian circulation on the site. All pedestrian and circulation requirements shall be noted on the site plan.

(1) Artistic detailing, material changes and paving patterns are encouraged in pedestrian walkways, plazas, and gathering areas.

(2) The number of required parking places may be reduced if the establishment promotes shared parking and a more pedestrian friendly environment for the development.

(3) At least five (5) foot wide walkways shall connect focal points of pedestrian activity, such as transit stops, street crossings or entry points, and shall feature adjoining landscaped areas (four (4) foot wide minimum landscape depth) to provide a separate and pedestrian friendly access route for no less than fifty (50) percent of their overall length.

(4) All internal pedestrian walkways shall be physically separated from the drive lanes. Additionally all sidewalks and crosswalks shall be visually distinct from the driving surfaces.

(5) Sidewalks, at least eight (8) feet in width, shall be provided along any façade featuring a customer entrance, and along any façade abutting public parking areas. At all times such sidewalks shall maintain at least a five (5) foot clear pedestrian passage. Additionally, such sidewalks shall connect all customer entrances to other internal sidewalks. Sidewalks shall meet all ADA requirements.

(6) Where feasible, pedestrian paths and vehicular linkages shall be made with adjoining properties.

(7) Overnight parking of RV’s, camper trailers and other vehicles providing transient residency shall be at the discretion of the property owner but shall be limited to no more than two (2) days.

(H) Miscellaneous Site Plan Requirements.

(1) Outdoor shopping cart storage areas shall be provided in the parking lots and adjacent to the building if they are not available at the entrance. Additionally, shopping cart storage location shall be clearly defined on the site plan. Shopping cart locations next to the building shall be located in an enclosed area.

(2) Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other such service functions shall be incorporated into the overall design of the structure and landscaped so that the visual and acoustic impacts of these functions are fully contained and out of the view from the general passersby. If screening material is needed it shall be the same material as those used on the structure to avoid visual detection of the service function on and off site.

(3) Only areas previously designated and approved for the parking or storage of trucks, trailers, or containers as accessory outdoor storage shall be permitted. These designated areas shall be screened from public view. Such areas are prohibited on any portion of a walkway, drive aisle, parking or landscaped area.

(4) Where applicable, private streets within an existing site shall be required to be improved to town standards.

(5) Any infrastructure improvements needed for existing or proposed structures shall be the responsibility of the developer/owner.

(6) Where applicable, any other site upgrades shall be the sole responsibility of the developer.

(I) Outdoor Sales. Permanent and seasonal outdoor sales areas shall be incorporated into the design of the building and site. Additionally, only previously designated and approved permanent or seasonal outdoor sales areas shall be permitted.

(1) Non-enclosed areas for the sale and storage of seasonal inventories shall be permanently defined and separated with walls and/or fences. Walls and roofs shall conform to the standards defined in Section 6.23 (C) and (E).

(2) If anti-theft devices for the area(s) are provided, they shall be identified on the site plan.

(3) No outdoor display or sales area shall encroach on to any portion of a walkway, drive aisle, parking or landscaped area.

(J) Traffic Analysis and Plan.

(1) NCDOT will review traffic impacts for all single and multi-tenant retail establishments over 30,000 square feet. The developer shall comply will all NCDOT requests.

(2) The Town Council will review recommendations submitted by NCDOT for internal and site specific conditions and shall have the ability to require any recommendations as the Town Council deems appropriate.

(3) Where applicable, the Town Council may require an outside firm to prepare a traffic impact analysis study for the development site. If required, the developer will accrue all costs associated with the development and town review of the study.

(K) Lighting Requirements.

(1) Lighting of buildings and landscaping. Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building facade, plantings, and away from adjoining properties, public or private rights-of-way, and the night sky. All wall pack fixtures shall be full cutoff fixtures.

(2) Lighting in parking lots and outdoor areas.

(a) All outdoor area and parking lot lighting fixtures shall be full cutoff fixtures.

(b) The mounting height of all outdoor lighting shall not exceed 30 feet above finished grade.

(L) Signs. Signs shall be appropriate to the design of the structure. Signs shall be designed for both the pedestrian and the motorist. These requirements shall be in addition to the requirements set forth in the Wilkesboro Sign Ordinance.

(1) Roof mounted signs are prohibited

(2) Freestanding signs shall be constructed with a base of the same materials as the structure to provide for a pedestrian scale and to unify the sign with the structure(s).

(3) Architectural gateway or entrance elements, which identify the address of the site, do not incorporate any commercial advertising and are less than five (5) feet in overall height, shall not constitute a freestanding sign.

(4) Traffic and parking signs shall comply with the Manual on Uniform Traffic Control Devices. Sign housings and posts shall be designed to be a visual and design amenity for the site. Creativity in design is encouraged.

(5) Signs shall comply with all requirements set forth in Section 5.6 of the Wilkesboro Zoning Ordinance.

(M) Vacant Single and Multi-tenant Retail Establishments Over 30,000 Square Feet. Abandoned buildings and blighted sites cause negative visual and fiscal concerns for the community. Therefore in order to minimize these instances upon the community, the following shall apply to vacated buildings(s) or developments reviewed under this section:

(1) Exterior Surfaces. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim shall be maintained in good repair. Exterior wood surfaces, other than resistant materials shall be protected from the elements and decay by painting or other protective coverage or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repaired. All siding and masonry joints shall be maintained weather resistant and watertight;

(2) Exterior Walls. Exterior walls of buildings shall be maintained free from holes, breaks, loose or rotting materials, and graffiti; and shall be maintained weatherproof and properly surface coated as need to prevent deterioration.

(3) Roofs. Roofs of buildings shall be maintained so that they are structurally sound and in a safe condition and weather tight, and not have defects, which might admit rain or cause dampness in the interior portions of a building. All portions, additions or sections of a roof including, but not limited to, the fascia, eave, soffit sheathing, rafter tail, barge rafter, vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports attached or fastened in accordance with common building practices.

(4) Windows. All glassed areas, including those in windows and doors shall be fully supplied and maintained as per the approved plan(s), or covered with smooth surface boards that are painted to coordinate with the building.

(5) Grounds.

(a) All landscaped areas as defined in the approved plan(s) shall be maintained and kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, and other such material and equipment which, by its appearance, location or use, makes it incompatible with the principle use or other uses in the immediate neighborhood. The height of the grass and other general ground cover shall be kept trimmed to a height of no more than eight (8) inches. Trees and shrubs shall be kept maintained and trimmed;

(b) All driveway, parking loading and outside storage areas shall be maintained as per the approved plan(s); and

(c) All fences, walls, lighting, signs, storage structures, and other visually physical improvements or appurtenances as per the approved plan(s) shall be maintained in a safe, working order and in good appearance and free of graffiti.

(6) Storage.

(a) No outside storage is permitted on a vacant site.

(b) No outdoor sales, such as new or used cars, or mobile carwashes, shall be allowed on a vacant site unless approved in advance by the Zoning Administrator and as per the applicable zoning district allowed uses.

(d) Parking of RV’s, camper trailers, storage trailers, storage containers and the temporary parking of tractor trailers is prohibited on vacant sites.

(7) Active Marketing. The Town of Wilkesboro requires active marketing of a vacant site. Active marketing includes a visible for sale sign and requires the property to be listed with a realtor of the developer’s choice. A quarterly marketing report shall be submitted to the Planning Department.

ARTICLE VII. OVERLAY DISTRICTS

7.1 Watershed Protection Overlay

(A) Intent

It is the purpose of this section to protect the quality of drinking water for the Town of Wilkesboro by setting standards for the development that occurs within designated Public Water Supply Watershed areas. It is further intended that the establishment of watershed regulations reflect the protection of critical environmental areas in accordance with the State of North Carolina’s Water Supply Watershed Protection Rules.

(B) Authority

The Legislature of the State of North Carolina has, in Chapter 160A, Article 8, Section 174, General Ordinance Authority, and in Chapter 143, Article 21, Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

The provisions in this Article were adopted on September 7, 1993 and shall become effective on September 30, 1993.

(D) Jurisdiction

The provisions of the Article shall apply within the areas designated as a Public Water Supply Watershed by the North Carolina Environmental Management Commission and shall be defined and established on the Official Zoning Map.

(E) Existing Development

Any existing development as defined in this ordinance may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development, must meet the requirements of this ordinance, however, the built-upon area of the existing development is not required to be included in the density calculations.

(F) Watershed Areas Described

(1) For the purpose of this Article the Town of Wilkesboro extraterritorial jurisdiction are hereby divided into the following areas:

(a) WS-IV-Critical Area

(b) WS-IV-PA (Protected Area)

(2) WS-IV-Critical Area

(a) Only new development activities that require an erosion/sedimentation control plan under State law or approved local programs are required to meet the provisions of this Article when located in the WS-IV watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses are allowed at a maximum of two (2) dwelling units per acre. All other residential and non-residential development shall be allowed twenty-four percent (24%) built-upon area. New sludge application sites and landfills are specifically prohibited.

(b) Allowed Uses:

i. Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1, 1993 shall maintain a minimum ten (10) foot vegetative buffer, or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Animal operations grater than 100 animal units shall employ Best Management Practices July 1, 1994 recommended by the Soil and Water Conservation Commission.

ii. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCA II.6101-.0209).

iii. Residential.

iv. Non-residential development, except, the storage of toxic and hazardous materials unless a spill containment plan is implemented; landfills; and sites for land application of sludge/residuals or petroleum contaminated soils.

i. Single Family Residential development shall not exceed two dwelling units per acre on a project by project basis. No residential lot shall be less than one-half (1/2) acre, except within an approved cluster development.

ii. All other Residential and Non-Residential-development shall not exceed twenty-four percent (24%) built-upon area on a project by project basis. For the purpose of calculating the built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

(3) WS-IV-Protected Area

(a) Only new development activities that require an erosion/sedimentation control plan under State law or approved local government program are required to meet the provisions of this ordinance when located in a WS-IV watershed. In order to address accommodate a moderate to high land use intensity pattern, single family residential uses shall develop at a maximum of two (2) dwelling units per acres (2du/ac). All other residential and non-residential development shall be allowed at a maximum of twenty four percent (24%) built-upon area. A maximum of three (3) dwelling units per acre (3 du/ac) or thirty-six percent (36%) built-upon area is allowed for projects without a curb and gutter street system.

(b) Allowed Uses

i. Agriculture, subject to the provisions of the food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.

ii. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1l.6101-.0209).

iii. Residential development.

iv. Non-residential development, excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented.

i. Single Family Residential development shall not exceed two (2) dwelling units per acre, as defined on a project-by-project basis. No residential lot shall be less than one half (1/2) acre (or 20,000 square feet, excluding roadway right-of-way), or one third (1/3) acre for projects without a curb and gutter street system, except within an approved cluster development.

ii. All other residential and Non-Residential-development shall not exceed twenty four percent (24%) built-upon area on a project-by-project basis. For projects without a curb and gutter street system, development shall not exceed thirty six percent (36%) built-upon area on a project-by-project basis. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.

iii. In addition to the development allowed under paragraphs (i) and (ii) above, new development and expansions to existing development may occupy up to ten percent (10%) of the protected area with up to seventy percent (70%) built-upon area on a project basis, when approved as a special density allocation (SDA). The Watershed Administrator is authorized to approve SDA’s consistent with the provisions of this ordinance. Projects must, to the maximum extent practical, minimize built-upon surface area; direct storm waterways from surface waters and incorporate Best Management practices to minimize water quality impacts. For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

(G) Special Density Allocations

(1) The Watershed Review Committee may grant Special Density Allocations (SDAs) to project sites in the WS-IV-PA Watershed Areas. The SDAs may permit up to 70% built upon area on a project by project basis without requiring installation of stormwater control devices. No more than 10% of the WS-IV-PA Watershed Area may be developed under SDAs. At no time may the built upon area of a SDA project site exceed 70% of the total SDA project site.

(2) SDA requests must be submitted to the Watershed Administrator, who shall preview the request and submit it to the Watershed Review Committee. The Watershed Review Committee will review the SDA request, and either approve or deny the request. If the request is denied, the applicant may redesign the project and resubmit the request.

(3) If the request is approved by the Watershed Review Committee, the Watershed Administrator shall issue a SDA permit. The permit shall be valid for one year from date of issuance. A record of all SDA permits shall be kept on file in the Office of the Watershed Administrator.

(4) The following review criteria will be used by the Watershed Review Committee to evaluate SDA requests. The review criteria will be used to encourage applicants to maximize development in the SDA project areas, as well as incorporate measures to improve the water quality and aesthetics of the project area. Projects must have a point total of at least 300 to qualify for a SDA.

REVIEW CRITERIA FOR EVALUATING SDA REQUESTS

CRITERIA	POINTS
Landscaping
minimum of 8’ landscaped area along street-side of property (measured from right-of-way)	40
minimum of 8’ landscaped area along side of property (measured property line)	30
minimum of one (1) landscaped space for every space in parking lot	50
Landscaped area must have grass or mulch ground cover with trees or shrubs planted according to the following specifications: · evergreen shrubs – 6’ spacing with 1.5’ minimum height at planting · evergreen trees – 10’ spacing with 6’ minimum height at planting · deciduous trees – 20’ spacing with 8’ minimum height at planting
Easement
permanent greenway easement, a minimum width of 25’, granted to Town of Wilkesboro along perennial streams or other location approved by the Town of Wilkesboro Planning Board; or, dedication of right-of-way, a minimum width of 15’, along street-side of property for sidewalks	50
Multi-story building development (excluding basement)	75
Building development with parking located under building (excluding basement)	75
Area of project that remains in undisturbed, natural vegetation
50% or more natural vegetation	50
25 to 50% natural vegetation	25
Erosion Control Plan approved and implemented	25
Permanent sedimentation/erosion control measures on site (i.e., dry detention ponds, sand filters, artificial wetlands, infiltration ponds, etc.)	25
Tax base added by project:
$250,000 or less	25
$250,000 to $500,000	50
$500,000 to $1,000,000	75
$1,000,000 or more	100
Employment added by project:
1 to 10	25
11 to 25	50
26 to 75	75
76 or more	100
Planned Unit Development (PUD) approved by Town of Wilkesboro Planning Board	50
Drainage:
surface drainage rather than curb and gutter; or	40
drainage through vegetated buffer or grass swale	60
Percentage of Built-Upon Area:
36 to 50%	25
51 to 60%	50
61 to 70%	75
TOTAL POSSIBLE POINTS	805

(H) Cluster Development

Clustering of development is allowed under the following conditions:

(1) Built-upon area or storm water control requirements of the projects shall not exceed that allowed for the critical area or balance of watershed, whichever applies.

(2) All built-upon area shall be designed and located to minimize storm water runoff impact to the receiving waters and minimize concentrated storm water flow.

(3) The remained of the tract shall remain in a vegetated or natural state. Where the development has an incorporated property owner association, the title of the open space shall be conveyed to the association for management. Where a property association is not incorporated, a maintenance agreement shall be filed with the property needs.

(I) Buffer Areas Required

(1) A minimum thirty (30) foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5) minute scale topographic maps or as determined by local government studies. Desirable artificial stream bank or shoreline stabilization is permitted.

(2) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area; direct runoffs away from the surface waters and maximize the utilization of storm water Best Management Practices.

(J) Additional Requirements for Variances within Watershed Areas

(1) The Zoning Enforcement Officer shall notify in writing each local government having jurisdiction in the watershed. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Watershed Administrator prior to a decision by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the Watershed Review Board.

(2) If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:

(a) The variance application;

(b) The hearing notices;

(d) Motions, offers of proof, objections to evidence, and ruling on them;

(e) Proposed findings and exceptions;

(f) The proposed decision, including all conditions proposed to be added to the permit.

(3) The preliminary record shall be sent to the Environmental Management Commission for its review as follows:

(a) If the commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner cannot secure a reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and (2) the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed, or approve, the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and send it to the Watershed Review Board. If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.

(b) If the commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure a reasonable return from or make a practical use of the property without the variance or (2) the variance, if granted, will result in a serious threat to the water supply, then the commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Watershed Review Board. The Board shall prepare a final decision denying the variance as proposed.

(c) If the application calls for the granting of a minor variance, then the Watershed Review Board may grant such variance if it determines that to do so would not result in a serious threat to the water supply.

(4) Powers of the Planning Board

(a) To act as the Watershed Review Board on proposed plats of land subdivision and hear major and minor variance request related to the subdivisions within the designated Water Supply Watershed.

(b) To hear cases concerning major variances vested rights, administrative reviews and appeals regarding the zoning ordinance or decisions of the Zoning Enforcement Officer in designated Water Supply Watersheds.

7.2 Flood Damage Prevention Overlay

(A) Intent

It is the intent of this ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

control filling, grading, dredging, and other development which may increase erosion or flood damage; and,

prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

(B) Establishment of Areas of Special Flood Hazard

(1) These regulations shall apply to all areas of special flood hazard as identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), dated August 9, 1999, with Community Panel Number 370259 0005 E, and any revision thereto are adopted by reference and declared to be a part of this ordinance.

(2) When base flood elevation data has not been provided in accordance with Article 7.2(B)(1), the Zoning Enforcement Officer shall obtain, review, and utilize any base flood elevation data and floodway data available from a federal, state, or other source, including data developed pursuant to Article 7.2(E)(4)(d).

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town of Wilkesboro or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(D) Development Permit and Certification Requirements

Application for a Development Permit shall be made to the local administrator on forms furnished by him or her prior to any development activities. The Development Permit may include, but not be limited to, plans in duplicate drawn to scale showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; and the location of fill materials, storage areas, and drainage facilities. Specifically, the following information is required:

(1) Where base flood elevation data is provided in accordance with Article 7.2(B)(2), the application for a development permit within Zone A on the Flood Insurance Rate Map shall show:

(a) the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and;

(b) if the structure has been floodproofed in accordance with Article 7.2(E)(2)(b), the elevation (in relation to mean sea level) to which the structure was floodproofed.

(2) Where the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least 2 feet above the highest adjacent grade.

(3) Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include: a description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation.

(4) When a structure is floodproofed, the applicant shall provide a certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in Article 7.2(E)(2)(b).

(5) A floor elevation or floodproofing certification is required after the lowest floor is completed. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the local administrator a certification of the elevation of the lowest floor, or floodproofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The local administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

(E) Provisions for Flood Hazard Reduction

(1) General Standards

In all areas of special flood hazard the following provisions are required:

(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure;

(b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(c) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages;

(d) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

(g) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and,

(h) Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with the provisions of this ordinance, shall meet the requirements of “new construction” as contained in this ordinance.

(i) Non-conforming Buildings or Uses. Non-conforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this ordinance. Provided, however nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this ordinance and located totally or partially within the Floodway Zone, provided that the bulk of the building or structure below base flood elevation in the Floodway Zone is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.

(2) Standards for Specific Uses

In all areas of special flood hazard where base flood elevation data has been provided, as set forth in Article 7.2(B), the following provisions are required:

(a) Residential Construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than two (2) feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided.

(b) Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than two (2) feet above the level of the base flood elevation. Structures located in A-zones may be floodproofed in lieu of elevation provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Article 7.2(D)(5).

(i) Manufactured homes that are placed or substantially improved on sites: (i) outside a manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; (iii) in an expansion to an existing manufactured home park or subdivision; or, (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated no lower than two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(ii) Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of Article 7.2(E)(2)(c)(i) of this ordinance must be elevated so that the lowest floor of the manufactured home is elevated no lower than 2 feet above the base flood elevation, and be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement.

(iii) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse, or lateral movement in accordance with the Regulations for Mobile Homes and Modular Housing adopted by the Commissioner of Insurance pursuant to NCGS 143.143.15. Additionally, when the elevation would be met by an elevation of the chassis at least 36 inches or less above the grade at the sight, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above 36 inches in height an engineering certification is required.

(iv) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the local administrator and the local Emergency Management Coordinator.

(d) Recreational Vehicles. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. Recreation vehicles placed on sites shall either:

(i) be on site for fewer than 180 consecutive days;

(ii) be fully licensed and ready for highway use; or

(iii) meet the requirements of Article 7.2(E)(1) and (2)(c).

(e) Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to preclude finished living space and be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following criteria:

(i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(ii) The bottom of all openings shall be no higher than one foot above grade; and,

(iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions

(iv) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator)

(v) The interior portion of such enclosed and shall not be partitioned or finished into separate rooms, except to enclose storage areas.

(f) Temporary Structures. Prior to the issuance of a development permit, for a temporary structure, applicants must submit a plan to the local administrator for the removal of such structure(s) in the event of a hurricane or flash flood notification, which plan shall include:

(i)the name, address and phone number of the individual responsible for the removal of the temporary structure;

(ii) the time frame prior to the event at which a structure will be removed;

(iii) a copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed; and,

(iv) designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.

(g) Accessory Structure. When accessory structures (sheds, detached garages, etc.) with a value of $3,000 or less, are to be placed in the floodplain the following criteria shall be met:

(i) Accessory structures shall not be used for human habitation;

(ii) Accessory structures shall be designed to have low flood damage potential;

(iii) Accessory structures shall be firmly anchored in accordance with Article 7.2(E)(1)(a);

(iv) Service facilities such as electrical and heating equipment shall be elevated in accordance with Article 7.2(E)(1)(d).

(h) Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris and potential projectiles and has erosion potential. The following provisions shall apply within such areas:

(i) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the local administrator.

(ii) If Article 7.2(E)(2)(f) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 7.2(E).

(iii) No manufactured homes shall be permitted, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and the elevation standards of Article 7.2(E)(2)(c) are met.

(3) Standards for Streams Without Established Base Flood Elevations and/or Floodways

The following provisions apply within such areas:

(a) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of the stream bank equal to ½ times the width of the stream at the top of the bank or twenty feet each side from top of bank, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. In the event House Bill 156 requires a greater distance than as set forth above the distance as required by House Bill 156 must be complied with.

(b) If Article 7.2(E)(3)(a) is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of Article 7.2(E). When base flood elevation data is not available from a Federal, State, or other source, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.

(4) Standards for Subdivision Proposals

(a) All subdivision proposals shall be consistent with the need to minimize flood damage;

(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty lots or five acres.

(5) Standards for Areas of Shallow Flooding (AO zones)

The following provisions shall apply within such areas:

(a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.

(b) All new construction and substantial improvements of non-residential structures shall:

(i) have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or,

(ii) be completely floodproofed together with attendant utility and sanitary facilities to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

7.3 Planned Unit Development

(A) Intent

Planned unit developments, as defined in this article, are recognized as being desirable in the town in order that the public health, safety morals and general welfare be furthered in an era of increasing urbanization and of growing demand for housing of all types and design; to provide for necessary commercial and educational facilities conveniently located to such housing and to other areas of the community which require such facilities; to encourage innovations in residential and commercial development so that the growing demands of the population may be met by great variety in type, design and layout of the buildings and by the conservation and more efficient use of open space, and so that greater opportunities for better housing and recreation and shops, conveniently located to each other, may extend to all citizens and residents of the town; to encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need home, to lessen the burden of traffic on streets and highways; to encourage the building of new developments incorporating the best features of modern design; to conserve the value of land; and, in aid of these purposes, to provide a procedure which can relate the type, design and layout of residential and commercial development to the particular site and the particular demand for housing and other facilities, including the foregoing, at the time of development in a manner consistent with the preservation of the property values within established residential area, and to insure that the increased flexibility of substantive regulations over land development authorized here in is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.

(B) Area Requirements: Uses & Density Regulations

(1) Minimum Area Requirements:

(a) Planned unit developments comprising less than thirty (30) acres shall contain residential uses only.

(b) All other planned unit developments comprising thirty (30) acres or more, may contain all uses permitted by (2) below:

(2) Regulations of Uses:

(a) Permitted uses. Subject to (1) above, a planned unit development may contain any uses permitted in the following district:

R-20 – Suburban Residential District;

R-8 - Single Family Residential District;

R-6 - General Residential District; and

B-2 - General Business District.

(b) However, no more than five percent (5%) of the gross planned unit development acreage shall be used for commercial purposes. Additional permitted uses in any residential zone include: cluster homes, zero lot line houses, town houses and condominiums.

(3) Density Limitations and Open Space Requirements

The residential density in a planned unit development shall not exceed that defined in Article IV of the Wilkesboro Zoning Ordinance.

(1) Open Space: Planned unit developments shall provide open space as follows:

(a) Not less than twenty (20) percent of the gross acreage when the development is one hundred (100) acres or less, and

(b) Not less than twenty-five (25) percent of the gross acreage when the development exceeds one hundred (100) acres.

(2) Common Open Space; for the collective enjoyment of the residents of the development, shall comprise at least fifty percent (50%) of the open space.

(D) Street Design. All single family attached and detached dwelling units on individually platted lots shall have access to a street constructed to State DOT Standards in accordance with Articles VII and VIII of the Subdivision Regulations.

(E) Common Parking

(1) May be allowed in conjunction with multi-family structures.

(2) The land for such shall not be subdivided from the land, which contains the multi-family, structures it serves.

(3) Lots for such shall be built to the construction standards for public streets.

(F) Maximum Building Height. Maximum building height shall be controlled by the zoning district regulations in which the development is occurring.

(G) Setbacks

(1) All structures shall be set back a minimum of thirty (30) feet from the project’s perimeter boundaries.

(2) Single Family (attached or detached) and Two-Three-and Four-Family Requirements.

(a) Twenty (20) feet minimum front yard setback and twenty-five (25) feet minimum length of paved driveway.

(b) Twenty (20) feet between exterior sides.

(d) Fifty (50) feet between the rear of one dwelling unit and the rear of another.

(e) No building shall be closer than ten (10) feet from any parking area.

(f) Fifty (50) feet outside side yard at street intersections.

(3) Multi-Family (five (5) or more) Requirements:

(a) Twenty (20) feet front yard setback.

(b) Twenty (20) feet between exterior sides.

(d) Fifty (50) feet between the rear of one dwelling unit and the rear of another.

(e) Fifty (50) feet outside side yard at street intersections.

(H) Maximum Frontage. A townhouse type structure, whether multi-family or otherwise, and attached, shall not contain more than eight (8) dwelling units unless recommended by the Planning Board and approved by the Town Board.

(I) Buffer Strips and Landscape Screening.

Landscaping and buffer strip requirements are established to improve the appearance of vehicular use are established to improve the appearance of vehicular use areas, outdoor storage yards, and utility areas; to required buffering between incompatible land uses; to protect the character and value of surrounding areas; and to reduce noise pollution, air pollution, hear and artificial light glare.

(1) Buffer Strip Required Between Residential Districts and Between Residential Districts and General Business Districts. Where any residential district shall abut property in a business district, the owner or developer of the business property or his agent, shall cause to be planted on the common boundary an evergreen buffer strip at least ten (10) feet in width consisting of one row of evergreen trees not more than fifteen (15) feet apart and one row of dense shrubs at not more than five (5) feet apart. The trees shall be at least five feet in height and the shrubs two (2) feet in height at the time of installation. Existing vegetation may be substituted for this requirement with planning board approval as per subsection (3) below.

(2) Landscaping shall be required along any front or side property line that abuts the right-of-way of a street, road or highway. Such landscaping shall be provided as follows:

(a) A landscaping strip of six (6) feet in depth shall be located between the abutting right-of-way and any off-street parking, loading or other vehicular use areas, except where driveway openings are to be provided.

(b) There shall be a landscaping strip planted between the right-of-way and the off-street parking and the town engineer shall approve it.

(3) Existing Vegetation: The developer should make every reasonable effort to preserve existing vegetation. By preserving existing vegetation, potential erosion and sedimentation are minimized and vegetated buffer zones for the use of the residents are provided. Existing vegetation may be substituted for the requirement of subsection (1) above.

(4) Fences. If fencing is to be used in the project, a schematic fencing plan shall be incorporated in the development plan and shall clearly illustrate the types of fencing to be used.

(J) Off-Street Parking. Two spaces, exclusive of carport or garage, for each dwelling unit are required.

(K) Lighting. The plan to be used for lighting shall be submitted as part of the final plat for each phase of project, as warranted.

(L) Requirements for Development.

(1) Master Land Use Plan. All applications for approval of a planned unit development shall be accompanied by a preliminary plat (Section 91 of subdivision regulations) and a master land use plan which shall include, but not be limited to:

(a) The number and types of residential dwelling units.

(b) Planned primary and secondary traffic circulation patterns including an analysis of anticipated traffic.

(c) Planned park, playgrounds and open areas to be developed or preserved in accordance with Article 7.3(C) of this ordinance, or to be dedicated pursuant to the subdivision ordinance.

(d) Planned means of providing for the organizational arrangements for the ownership, maintenance and preservation of common open spaces.

(e) Relationship of the planned unit development to the surrounding land use.

(f) Plans for water and wastewater systems to be constructed in accordance with town standards.

(g) Plans for the access of fire fighting and refuse disposal equipment; to include the method of refuse disposal such as compactors, dumpsters, etc.

(h) Plans for all utilities (including cablevision) wherever reasonable possible all planned unit developments shall provide for underground installation of utilities in both public ways and private extension thereof, in accordance with the specifications and policies of the respective utility companies.

(i) Plans for an adequate storm drainage system to be constructed in accordance with town standards.

(j) The delineation of areas to be constructed in phases of sections and the sequential order that will be followed in development including a written statement from the applicant indicating the date for beginning each phase of construction and the estimated date of completion.

(k) Drafts of any covenants which create a homeowners association for the maintenance of all privately owned common areas, including, but not limited to streets, parking areas, easements, and the like.

(l) Drafts of any proposed declarations to be recorded pursuant to the North Carolina Unit Ownership Act (G.S. Ch. 47A).

(M) Detailed Site Plan and Construction Drawings.

After approval of the master land use plan, the developer shall submit a final plat (Section 92 of the subdivision regulations) which shall in addition, contain the following:

(1) Detailed engineering and construction plans of all necessary on-site and off-site improvements in accordance with town standards that may be submitted in phases as approved by Town Council.

(2) Final copies of all necessary covenants and declarations.

(3) Detailed plans that specify the types of erosion and sedimentation control practices that are to be employed during all phases of construction so required by the Sedimentation and Pollution Control Act of 1973, as amended.

(4) In areas where the soil types and slope are such that the planning and zoning board deems it advisable, a report sealed by a North Carolina Register Professional Engineer practicing in the soils or geo-technical field describing the suitability of on-site soils for the proposed development.

(5) The planning and zoning board may, when it deems advisable, require greater detail on any of the items enumerated in this section.

(N) Procedures

(1) Review by the Planning and Zoning Board

(a) The master land use plan and the detailed engineering and construction drawings shall be submitted to and reviewed by the planning and zoning board and forwarded to the town council with any necessary recommendations.

(b) The planning and zoning board shall consult with the recreation commission, town engineer, fire chief and other persons an d boards to make a recommendation to the town council

(c) The planning and zoning board may engage a certified engineer and/or planning consultant, with demonstrated experience in large scale residential or planned unit developments, to conduct an independent review of the proposed PUD, and report findings and recommendations to the planning board and town council prior to the approval of the PUD master plan or any phases thereof.

(d) A notice of public hearing shall be given in the same manner as for amendments to the zoning ordinance.

(2) Approval by the Town Council. No permit for construction of any on-site or off-site improvements in a planned unit development shall be granted prior to final approval of the planned unit development by the town council.

(3) Revisions of Approved Plans. No phases or section of an approved planned unit development shall be revised, enlarged or amended without first resubmitting that phase or section to the planning and zoning board and the town council as provided for in this section.

7.4 Historic Preservation Overlay

See Article 8.6.

7.5 Airport Overlay

(A) Intent

It is the intent of these requirements to restrain influences which are adverse to the property and safe conduct of airport operations in the vicinity of Wilkes County Airport, to prevent creation of conditions hazardous to aircraft operation, to prevent conflict with land development which may result in loss of life and property, and to encourage development that is compatible with airport use characteristics within the intent and purpose of zoning.

(B) Airport Height Limitation Zones

In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Airport. Such zones are shown on the Official Zoning Map. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established as subclassifications of the Airport Overlay District and are defined as follows:

(1) PRECISION INSTRUMENT RUNWAY APPROACH ZONE (AO-A1) – The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(2) RUNWAY LARGER THAN UTILITY VISUAL APPROACH SURFACE (AO-A2) – The inner edge of this surface begins at and corresponds with the width of the primary surface and is 1,000 feet wide. This surface rises uniformly at a 20:1 slope to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface along the extended runway centerline.

(3) RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM AS LOW AS ¾ MILE NONPRECISION INSTRUMENT APPROACH ZONE (AO-A3) – The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(4) TRANSITIONAL ZONES (AO-T) – The transitional zones are the areas beneath the transitional surfaces.

(5) HORIZONTAL ZONE (AO-H) – The horizontal zone is established by swinging arcs of 10,000 feet radii from the center 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.

(6) CONICAL ZONE (AO-C) – 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.

Except as otherwise provided in this section, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created under this section to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1) PRECISION INSTRUMENT RUNWAY APPROACH ZONE (AO-A1) – Slopes fifty (50) 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; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(2) RUNWAY LARGER THAN UTILITY VISUAL APPROACH ZONE (AO-A2) – The inner edge of this surface begins at and corresponds with the width of the primary surface and is 1,000 feet wide. This surface rises uniformly at a 20:1 slope to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface along the extended runway centerline.

(3) RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM AS LOW AS ¾ MILE NONPRECISION INSTRUMENT APPROACH ZONE (AO-A2) – Slopes thirty-four (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.

(4) TRANSITIONAL ZONE (AO-T) – Slopes seven (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 1,301 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline from the edge of the approach surface.

(5) HORIZONTAL ZONE (AO-H) – Established at a height of 150 feet above the Airport elevation or an elevation of 1,451 feet above mean sea level.

(6) CONICAL ZONE (AO-C) – Slopes twenty (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, or an elevation of 1,651 feet above mean sea level.

(7) EXCEPTED HEIGHT LIMITATIONS – Nothing in this section shall be construed as prohibiting the erection, alteration, or maintenance of any structure or growth of any tree at or to a height which is below the limitations set forth herein.

(D) Regulation Related to Sanitary Landfill Location

Due to the increased attraction of birds in the vicinity of sanitary landfills and the potential hazards which birds create to aircraft operations (see FAA Order SO 5200.5), the following provisions shall apply:

(1) No sanitary landfill shall be located within 10,000 feet from a runway of any airport.

(2) Sanitary landfills which are proposed to be located further than 10,000 feet from a runway of any airport but within the conical surface will be reviewed on a case by case basis by the Town Board, which may in turn consult with the FAA. If, in the opinion of the Town Board or the FAA, the proposed landfill poses a threat to safe aircraft operations, then the landfill shall not be allowed in the proposed location.

(E) Use Restriction

Notwithstanding any other provision of this section, no use may be made of land or water within any zone established hereunder in such a manner as to create electrical interference with navigational signals or radio communication between the Airport and aircraft, make it difficult for pilots to distinguish between Airport lights and others, result in glare in the eyes of pilots using the Airport, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the Airport.

(F) Legal Nonconformities

The owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Town to indicate to the operators of aircraft in the vicinity of the Airport the presence of such Airport obstruction. Such markers and lights shall be installed, operated, and maintained at the Town’s expense.

(G) Permits and Variances

(1) No permit shall be issued with respect to any use within this overlay district unless said use complies with all of the requirements of this section provided, however, that:

(a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any use or structure except in cases where, because of terrain, land contour, or topographic features, such use or structure would extend above the height limits prescribed for such zones.

(b) In areas lying within the limits of the approach zones, no permit shall be required for any use or structure except in cases where such use or structure would extend above the height limit prescribed for such approach zones.

(c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any use or structure except when such use or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

(d) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree, in excess of any of the height limits established in Article 7.5(C).

(2) Any application for a variance with respect to any use within this overlay district shall be accompanied by a written determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace and the Airport. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this section. Additionally, no application for variance to the requirements of this section may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Manager and the Wilkes County Airport Board for advice as to the aeronautical effects of the variance. If the Airport Manager and/or the Airport Board does not respond to the application within 30 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.

(3) Obstruction Marking and Lighting

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section, and is reasonable under the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the Town of Wilkesboro, at its own expense, to install, operate, and maintain the necessary markings and lights.

7.6 Gateway Overlay

Reserved

7.7 US Hwy 421 Overlay

Reserved

ARTICLE VIII. HISTORIC OVERLAY DISTRICTS/HISTORIC LANDMARKS

8.1 Purpose.

The historical heritage of our Town is one of our most valued and important assets. The conservation and preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the Town. The purpose of establishing local historic districts and landmarks is to encourage the restoration, preservation, rehabilitation and conservation of historically, architecturally, and archaeologically significant areas, structures, buildings, sites, objects and their surroundings; and to review new construction design to ensure compatibility with the character of the district; and to safeguard against any potentially adverse influences which may cause the decline, decay, or total destruction of these important assets. In addition, the preservation of historic districts and landmarks provides for the education, pleasure and enrichment of the residents of Wilkesboro and the State as a whole.

8.2 Establishment and Jurisdiction of Historic Preservation Commission.

Pursuant to Part 3C of Article 19 of Chapter 160A of the General Statutes, there is hereby established a commission that shall be known as the Wilkesboro Historic Preservation Commission. Its jurisdiction shall include the Town of Wilkesboro and the extraterritorial jurisdiction area of the Town as shown on the official zoning map and atlas of the Town. The Commission will consist of five (5) members appointed by the Town Board, and will serve without compensation.

8.3 Membership and Organization

(A) Tenure

Members shall be appointed for three (3)-year staggered terms. A member may be reappointed for a second consecutive term, but after two (2) consecutive terms a member shall be ineligible for reappointment until one (1) calendar year has elapsed from the date of the termination of his or her second term. In the case of a vacancy occurring during a term, such vacancy shall be filled for the unexpired portion of such term.

(B) Qualifications

A majority of the members of the Commission shall have demonstrated special interest, experience, or education in history, architecture, archaeology, or related fields; and all members shall reside within the territorial zoning jurisdiction of the Town of Wilkesboro.

The Historic Preservation Commission shall establish a meeting time, and shall meet at least monthly, unless there is not sufficient business to warrant a meeting. All meetings of the Commission are subject to the North Carolina Open Meetings Law.

(D) Rules of Procedure

The Historic Preservation Commission shall adopt and publish Rules of Procedure to govern the conduct of its business.

(E) Meeting Minutes

The Historic Preservation Commission shall keep permanent minutes of all its meetings. The minutes shall record attendance of its members, resolutions, findings, recommendations, and actions.

8.4 Commission Powers

The general duties of the Historic Preservation Commission are to promote, enhance, and preserve the character of the historic overlay district and designated historic landmarks. The Commission shall exercise the following powers as part of their duties:

(1) To recommend districts or areas to be designated by ordinance as historic overlay districts;

(2) To recommend individual structures, sites, or objects to be designated by ordinance as an historic landmark;

(3) To recommend that designation of historic overlay districts, or part thereof, be revoked or removed for cause;

(4) To recommend that designation of individual structures, sites, or objects as historic landmarks be revoked for cause;

(5) To consider and grant or deny applications for certificates of appropriateness in accordance with this ordinance;

(6) To publish information, or otherwise inform the owners of property within the historic districts or of designated landmarks, about matters pertinent to its duties, organization, procedures, duties, or requirements, and;

(7) To exercise such other powers and perform such other duties as are required elsewhere by this ordinance and/or state law.

8.5 Establishment and Amendment Procedure – Historic Districts

(A) Establishment

(1) Requests for establishment of an historic district may be made by:

a) the Town Board;

b) the Planning Board;

c) Town planning staff, or;

d) any interested person.

(2) All requests shall first be presented to the Historic Preservation Commission. The requests should include reference to the historical, architectural, or archaeological significance of the proposed district. The Commission will conduct a preliminary investigation to determine the eligibility of the proposed area.

(3) If the Commission determines that the proposed area is ineligible to become an historic district, the Commission shall report such determination to the entity that requested the designation. Such report shall be made within thirty (30) days of the Commission’s consideration of the request. The report may also include recommendations of if and how the request may be amended in order to make the area eligible as an historic district.

(4) If the Commission determines that a proposed area is eligible to become an historic district, it shall notify property owners within the area through first class mail that establishment of an historic district will be considered by the Commission at a specified date and time. The Commission shall hold the public informational meetings and receive questions and comments, after which they shall make refinements to any proposed boundaries.

(5) The Commission shall prepare and submit a report to the Planning Board, and the Town Board. The report shall include, but not be limited to, the following information:

a) a boundary description of the area;

b) a map at a scale of not less than one (1) inch represents two hundred (200) feet (1” to 200’), showing the boundaries of the proposed area, and;

c) a description of the significance of the area, including its buildings, structures, features, sites, or surroundings.

(6) Pursuant to review and comment by the Town Board, the report shall be forwarded to the North Carolina Department of Cultural Resources who shall make an analysis of and recommendations concerning such report and description of proposed boundaries to the Town Board. Failure of the Department to submit its written analysis and recommendations to the Town Board within thirty (30) calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the Town of any responsibility for awaiting such analysis, and the Town Board may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.

(7) Once all of the previous procedural steps have been met, rezoning the proposed area to an historic district shall proceed in the same manner as would otherwise be required for a change in the zoning ordinance.

(B) Amendment

(1) The Commission shall prepare and submit a report to the Planning Board and the Town Board. The report shall include, but not be limited to, the following information:

a) a boundary description of the area;

b) a map at a scale of not less than one (1) inch represents two hundred (200) feet (1” to 200’), showing the boundaries of the proposed area, and;

c) a description of the significance of the area, including its buildings, structures, features, sites, or surroundings.

(2) Pursuant to review and comment by the Town Board, the report shall be forwarded to the North Carolina Department of Cultural Resources who shall make an analysis of and recommendations concerning such report and description of proposed boundaries to the Town Board. Failure of the Department to submit its written analysis and recommendations to the Town Board within thirty (30) calendar days after a written request for such analysis has been received by the Department of Cultural resources shall relieve the Town of any responsibility for awaiting such analysis, and the Town Council may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.

(3) Once all of the previous procedural steps have been met, rezoning the proposed area to an historic district shall proceed in the same manner as would otherwise be required for a change in the zoning ordinance.

8.6 Historic District Overlay Regulations

(A) Permitted Uses

All uses permitted in the underlying zoning district shall be permitted in the historic overlay district.

(B) Regulation of Exterior Features

No exterior portion of any building or other structure, nor above-ground utility structure, nor any type of on-premise sign, nor important landscape, or natural features may be erected, altered, restored, moved, or demolished within a historic overlay district until and after a certificate of appropriateness has been approved by the Historic Preservation Commission according to the requirements of Section 136.

8.7 Designation of Historic Landmarks.

(A) Requests for designation of an historic landmark may be made by:

a) the Town Board;

b) the Planning Board;

c) Town planning staff, or;

d) any interested person.

(B) All requests shall first be presented to the Historic Preservation Commission. The requests should include reference to the historical, architectural, or archaeological significance of the proposed landmark. The Commission will conduct a preliminary investigation to determine the eligibility of the landmark.

(C) If the Commission determines that the proposed landmark is ineligible to become an historic landmark, the Commission shall report such determination to the entity that requested the designation. Such report shall be made within thirty (30) days of the Commission’s consideration of the request. The report may also include recommendations of if and how the request may be amended in order to improve it.

(D) If the Commission determines that the proposed landmark is eligible to become an historic landmark, it shall notify property owners within the area through first class mail that designation of an historic landmark will be considered by the Commission at a specified date and time. The Commission shall hold the public informational meetings and receive questions and comments.

(E) The Commission shall prepare and submit a report to the Planning Board and the Town Board. The report shall include, but not be limited to, the following information:

(1) The name and address of the current property owner.

(2) The location of the property proposed to be designated historic, including the street address and tax map and parcel numbers.

(3) The date of construction and of any later alterations, if any.

(4) An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed for designation, the report shall contain a description of those features.

(5) An assessment and historical discussion of the site or structure within its type, period, and locality.

(6) Photographs that clearly depict the property proposed for designation, including views of all facades, pertinent details and siting.

(7) A map clearly showing the location and boundaries of the property, including any outbuildings and appurtenant features.

(F) Pursuant to review and comment by the Town Board, the report shall be forwarded to the North Carolina Department of Cultural Resources who shall make an analysis of and recommendations concerning such report and description of proposed boundaries to the Town Board. If the department does not submit its written comments or recommendations in connection with any proposed designation within thirty (30) calendar days after a written request for such analysis has been received by the department shall relieve the Town of any responsibility for awaiting such analysis.

(G) The Town Board and Historic Preservation Commission shall hold a joint public hearing on the proposed ordinance. Notice of the hearings shall be published at least once in a newspaper generally circulated within the Town. Written notice of the hearings shall also be mailed by the Commission to all owners and occupants of properties. All such notices shall be published or mailed not less than ten (10) nor more than twenty-five (25) days prior to the date set for the public hearing.

(H) Upon adoption of the ordinance or any amendments thereto, the owners and occupants of each designated historic property shall be given written notification of such designation. One (1) copy of the ordinance and each amendment thereto shall be filed by the Historic Preservation Commission in the office of the County Register of Deeds. Each historic property designated as an historic landmark in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Register of Deeds office, and the Historic Preservation Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and of each amendment thereto shall be kept on file in the Town Clerk’s office and shall be made available for public inspection at any reasonable time. A third copy of the ordinance and each amendment thereto shall be given to the Wilkes County Building Inspector.

(I) Upon adoption of the ordinance or any amendments thereto, it shall be the duty of the Historic Preservation Commission to give notice thereof to the Wilkes County tax assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the assessor in appraising it for tax purposes. The fact that a building, structure, site, area, or object has been designated an historic landmark shall be clearly indicated on all tax maps maintained by the County for such period as the designation remains in effect.

8.8 Certificates of Appropriateness

(A) Certificate of Appropriateness Required

(1) No exterior portion of any building or other structure (including masonry, walls, fences, light fixtures, steps and pavement, or other appurtenant features) nor above-ground utility structure, nor any type of outdoor advertising sign, nor important landscape and natural features may be erected, altered, restored, moved or demolished on a landmark or within the historic district until and after the property owner or his/her agent has contacted the Historic Preservation Commission staff to determine whether the project will require a certificate of appropriateness. If a certificate of appropriateness is required, then the applicant will follow the procedures in 8.8(D).

(2) The Town of Wilkesboro and all public utility companies shall be required to obtain a certificate of appropriateness for landmarks and in the historic district prior to initiating any changes in the character of street paving, sidewalks, utility installations, lighting, walls, fences, and structures on property, streets, or easements owned or franchised by the State of North Carolina, Town of Wilkesboro, or public utility companies.

(3) A certificate of appropriateness shall be issued prior to the issuance of a zoning permit or other permit granted for purposes of constructing, altering, moving or demolishing structures. Therefore, a certificate of appropriateness is a prerequisite to the issuance of such a zoning permit or such other permits. Any such zoning permits or such other permits not issued in conformity with this section shall be invalid.

(B) Maintenance and Repair Permitted

No certificate of appropriateness shall be required for:

(1) The routine maintenance or repair of any exterior architectural feature in an historic district or on an historic landmark that does not involve a change in design, material, or outer appearance;

(2) The Commission shall have no jurisdiction over interior arrangement and shall take no action unless it is to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of a landmark or district.

(3) The construction, reconstruction, alteration, restoration, moving, or demolishing of any such feature that the building inspector or similar official shall certify to the property owner and to the Historic Preservation Commission is required by the public safety because of an unsafe condition, and;

(4) The routine maintenance or repair of streets, sidewalks, pavement markings, utility lines, street signs, traffic signs, and/or replacement of street light fixtures in the event of equipment failure, accidental damage, or natural occurrences.

The Historic District Commission may, after adoption of Design Review Guidelines, allow the review and approval of a certificate of appropriateness for minor works by the Zoning Enforcement Officer. However, no denial of a certificate of appropriateness is allowed without formal action by the Commission.

(D) Procedures to Obtain a Certificate of Appropriateness

(1) Applications

Applications for a certificate of appropriateness shall be submitted to the Zoning Enforcement Officer no later than fourteen (14) calendar days prior to the next regularly scheduled meeting of the Historic Preservation Commission. The names and addresses of the property owners filing the application and those of the property owners within one hundred (100) feet on all sides of the property that is the subject of the application. The Zoning Enforcement Officer is responsible for transmitting the application to the Historic Preservation Commission.

(2) Notice and Hearing

The planning staff will notify by mail the owners of any property located within one hundred (100) feet on all sides of the property that is the subject of the application. Prior to the issuance or denial of a certificate of appropriateness, the Historic Preservation Commission will give the applicant and other affected property owners and/or residents the opportunity to be heard.

(3) Time Limit For Action

The Historic Preservation Commission shall act upon the application within sixty (60) calendar days after the filing. If the Commission fails to act upon the application within this time shall be deemed to constitute approval and a certificate of appropriateness shall be issued.

(4) Decisions

All actions of the Historic Preservation Commission shall be set forth in writing. The Historic Preservation Commission’s final action on an application for a certificate of appropriateness shall be by the passage of a motion to take one (1) of the following actions:

(5) Approve the application for a certificate of appropriateness as proposed, and provide in writing the findings on which the decision is based;

(6) Approve the application for a certificate of appropriateness subject to specific conditions and/or modifications, providing these conditions of approval in writing;

(7) Disapprove the application for a certificate of appropriateness as proposed, and provide in writing the findings on which the decision is based.

(8) Time Limit on Approval

(9) The applicant shall have one hundred eighty (180) days from the date the certificate of appropriateness is approved and issued to procure a building or demolition permit. Failure to procure the permit in this period will be a failure to comply with the certificate of appropriateness and it shall be void.

(10) If a building permit is not required, the work must be completed within the one hundred eighty (180) day period.

(11) If work is commenced, but discontinued for a period of one hundred eighty (180) days or more, the certificate will be void.

(12) Reapplication After Denial

If the Historic Preservation Commission determines that a certificate of appropriateness should not be issued, a new application affecting the same property may be submitted only if substantial changes are made in plans for the proposed work.

(13) Demolition

(a) An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within an historic district may not be denied, except as provided in paragraph (2) below. However, the effective date of such a certificate may be delayed for a period of up to three hundred sixty-five (365) days from the date of approval. The commission shall reduce the maximum period of delay authorized by this section 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 shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site.

(b) An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure determined by the state historic preservation officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where 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.

(c) If the commission has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the Town Board, the demolition or destruction of any building, site or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for a period of up to one hundred eighty (180) days or until the Town Board takes final action on the designation, whichever comes first.

(d) In case any building, structure, site, area or object designated as a landmark or located within the historic district is about to be demolished whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with the ordinance, the commission or other party aggrieved by such action may institute any appropriate action or proceeding to prevent such unlawful action.

(14) Appeals

Any aggrieved party may take an appeal from the actions of the Historic Preservation Commission to the Zoning Board of Adjustment, whether the application was approved or denied. The appeal shall be taken within twenty (20) calendar days after the decision of the Commission and shall be in the nature of certiorari.

8.9 Standards for Design Review

(A) Design Review Guidelines Required

The provisions for issuing a certificate of appropriateness shall not become effective until after the Historic Preservation Commission has prepared and adopted design review guidelines. These principles and guidelines shall address new construction, alterations, additions, moving, and demolition as it applies to designated landmarks or historic districts. The design review guidelines shall be placed on file in the Town of Wilkesboro offices and made available to the public for review.

(B) Design Review Guidelines Amendment

Prior to the amendment of design review guidelines, any person may be allowed to comment on the proposal. Not less than thirty (30) days prior to the public hearing at which the Historic Preservation Commission proposes to act upon the amendment(s), copies shall be made available to the Town Board, Planning Board, and any other interested person upon request. The Commission shall also cause notice of the meeting to be published in a newspaper of general circulation not less than ten (10) nor more than twenty-five (25) days prior to the date set for the public hearing.

8.10 Conditions for Certain Approvals

(A) Authentic Restoration or Reconstruction

In the event that the Historic Preservation Commission finds that an application for a building permit covers activity constituting an authentic restoration or reconstruction in the same location as the original location, said building or structure may be restored or reconstructed at the same location where the original building or structure was located.

(B) Encroachment into a Public Right-of-Way

Any items restored, reconstructed, or maintained over, on, or within public sidewalks, public alleys, or other such public rights-of-way, shall be the responsibility of the owner. The owner’s restoration, reconstruction, or maintenance of any such item shall constitute the owner’s agreement to protect and hold the Town of Wilkesboro blameless against any and all liability, cost, damage, or expense suffered as a result of the restoration, reconstruction, or maintenance thereof. The lowest point of any item projecting into these public areas shall be nine (9) feet above the ground immediately below.

ARTICLE IX. DEFINITIONS

Accessory Use

A use or structure on the same lot with, and of a nature, customarily associated with and clearly subordinate to the principal use or structure.

Accessory Dwelling Unit

A separate dwelling unit that is contained on the same lot as a single-family dwelling or business.

Adult Establishments

As defined in N.C. General Statute 14-202.10, except for massage therapists that meet the provisions of N.C. General Statute 90-620 through 90-636.

Alley

A service way providing only a secondary means of access to abutting property.

Antenna

A device, dish, or array used to transmit or receive telecommunications signals.

Base Flood

A flood having a one-percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the 100-year flood.

Bed and Breakfast

An owner-occupied structure that is residential in character and offers overnight lodging and meals for a fee.

Berm

A mound of earth.

Buffer

A fence, wall, hedges, landscaped area, additional setbacks, or combination of the above, designed for the purpose of screening or to set apart one land use from another

Buildable Area

The portion of a lot remaining after setbacks have been satisfied.

Building

Any structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of persons, process, equipment, or goods.

Building Height

The vertical distance measured from the mean elevation of the finished grade along the side of the building or structure to the highest point of the building or structure.

Building, Principal

A building in which is conducted the main or principal use of the lot on which said building is situated.

Canopy

A roof-like cover, often of fabric, metal, plastic, fiberglass or glass on a support, which is supported in total or in part, from the ground and providing shelter over, for example, a doorway, outside walk, interior access drive or parking area.

Club or Lodge

An establishment operated by an association or corporation for social, recreational, fraternal, or charitable purposes, but which is not operated for profit or otherwise conducted as a business.

Conditional Use

A use which would not be appropriate generally through the zoning district, but which, if permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein would be allowed.

Condominium

A residential development of two or more buildings designed and built for unit ownership according to the North Carolina Unit Ownership Act.

Congregate Care Facility

A facility composed of residential and congregate areas and affording health-sustaining services to assist the residents. The residential components shall be considered as self-contained dwelling units as defined in the NC Building Code. The facility shall also have congregate areas for use by or service to the residents which may include dining, recreation and medical areas. In addition, services may be provided such as custodial care, physical therapy, and social and recreation coordination.

Curb-Cuts. An opening cut in a curb allowing for the construction of a driveway to a single or multi-retail establishment off a major thoroughfare.

Customary Home Occupation

Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof; and in connection with which there is not display and not person, not a resident on the premises, is employed specifically in connection with the customary home occupation. Provided further, that no mechanical equipment is installed or used except such that is normally used for domestic or professional purposes, and that not over twenty-five per cent (25%) of the total floor space of any structure is used for home occupations.

Cornice. An architectural decorative horizontal projecting crown of an exterior building wall.

Dwelling

A building designed, arranged, or used for permanent living quarters for one (1) or more persons.

Dwelling, Duplex

A detached building with two (2) dwelling units which may be attached side by side or one above the other. The two (2) dwelling units shall be roughly equal in floor area.

Dwelling, Multi-Family

A building arranged to be occupied by three or more families living independently of each other.

Dwelling, Single-Family, Attached

A one-family dwelling attached to two or more one-family dwellings by common vertical walls. No dwelling unit may be located above another unit.

Dwelling, Single-Family, Detached

A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

Dwelling, Manufactured Home

A dwelling unit that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be installed or joined on the building site and which meets or exceeds the United States Housing and Urban Development standards for manufactured homes that went into effect June 15, 1976.

Dwelling, Mobile Home

A dwelling unit that was fabricated before June 15, 1976 in one or more modules at a location other than the home site, by assembly line type production techniques or by other construction methods unique to an off-site manufacturing process and designed for occupancy by one family.

Dwelling, Modular Home

A dwelling unit consisting of one or more components constructed in compliance with the North Carolina Uniform Residential Building Code for One or Two-Family Dwelling Units and comprised of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Dwelling, Townhouse

A single-family dwelling unit in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire resistant walls.

Dwelling Unit

A room or group of rooms forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cooking, and eating by one family; for owner occupancy or rental, lease or other occupancy on a weekly or longer basis, and containing independent cooking, sanitary, and sleeping facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for periods of less than one week shall be construed to be lodging units.

Easement

A grant of rights by a property owner to another individual, group, or governmental unit to make limited use of a portion of real property for a specified purpose

Eave. The overhanging lower edge created by the intersection of the of the roof and wall planes

Entrance. The front door(s) established as the primary customer access point. The area of an entrance shall include the area on either side of the door for a distance of at least 10 feet.

Exterior Walls. The vertical or nearly-vertical planes which form the exterior envelope of a building

Façade. The portion of any exterior building elevation extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building. The façade includes any artificial or structural elevation which is primarily visible to the general public.

Fascia. A horizontal band or board, often used to conceal the ends of rafters; the front of an object or other structural roof components.

Family

An individual or two (2) or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than three (3) persons who are not related by blood, marriage, or adoption living together in a dwelling unit. A 'family' may include five (5) or fewer foster children.

Family Care Home

A facility licensed by the appropriate state agency as a family care home for one (1) to six (6) unrelated individuals, together with support and supervisory personnel. Family care homes shall not be located less that one-half (1/2) mile from each other. See also definitions in G.S. 168-20.

Farm, Bona-Fide

One used for purposes that include the production and activities relating or incidental to the production of crops, fruits, vegetables, flowering or ornamental plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market.

Freestanding Sign

A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign," is a freestanding sign. If the message is moved from the structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.

Full-Cutoff Light Fixture: A light fixture that allows no emission of light above a horizontal plane through the fixture.

Gross Floor Area

The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Group Project

Two or more buildings constructed on the same zoning lot of at least two (2) acres not subdivided into the customary streets and lots.

Kennel

Any facility used for the purpose of boarding animals, excluding horses, cattle, swine, sheep, goats, geese or peafowl. Kennels may conduct other such incidental activities, such as the sale of animals, treatment of the animals, grooming or cleaning, and the sale of pet supplies.

Large Retail Establishments. Any single or multi-tenant retail establishment with a gross floor area greater than or equal to 30,000 square feet.

Lot

A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

Lot Area

The total horizontal area within the boundary lines of a lot exclusive of street or highway rights-of-way and easements or access to other property.

Lot, Corner

A lot abutting two (2) or more streets at their intersection, or upon two (2) parts of the same street, forming an interior angle of less than one hundred thirty-five (135) degrees as measured at the centerline of the street. The point of intersection of the street right-of-way lines, or of the street right-of-way lines as extended, is the corner.

Lot Coverage

That portion of the lot area, expressed as a percent, that is covered by impervious surface cover.

Lot Depth

The depth of a lot is the mean distance of the side lines of the lot measured from the mid-point of the front lot line to the midpoint of the rear lot line.

Lot, Interior

A lot other than a corner lot.

Lot Line

A line or series of connected line segments bounding a lot.

Lot Line, Front

The line which separates the lot from a street right-of-way. Corner lots shall have only one front lot line.

Lot Line, Interior

A side lot line that separates the lot from another lot.

Lot Line, Rear

That lot line which is opposite and most distant from the front lot line, except in the case of a triangular lot, a line ten (10) feet in length, entirely within the lot, parallel to, and at the maximum distance from the front lot line, or a chord thereof if the front lot line is curved, shall be considered as the rear lot line for purposes of determining the required rear yard. In cases where neither of these conditions is applicable, the Zoning Officer shall designate the rear lot line.

Lot Line, Side

A lot line other than a front or rear lot line.

Lot of Record

A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of

Wilkes County, or a lot described by metes and bounds, the description of which has been so recorded

Lot Width

The horizontal distance between side lines measured along a line that is parallel to the front lot line and located the minimum exterior setback distance from the front line.

Manufactured Home Park

A contiguous parcel of land under single ownership which has been developed for the placement of manufactured homes for non-transient use. This definition shall not include manufactured home sales lots on which unoccupied manufactured/mobile homes are parking for purposed of inspection and sale.

Manufactured Home Space

The land in a manufactured housing development allotted to or designed for the accommodation of one manufactured home.

Materials. Finish materials used on publicly visible walls, freestanding signage, and pedestrian walkways.

Nonconformity, Legal

A legal use of a building and/or land that antedates the adoption or future amendments of these regulations and does not conform to the regulations for the district in which it is located.

Nursing Home

A facility for chronic or convalescent patients that is designed to provide long-term care for persons who require medical or nursing care. Nursing homes require skilled nursing personnel and life-support systems and are licensed by the State of North Carolina.

Open Space

The total gross land area on a development site which is not covered by buildings or vehicular use areas.

Outparcel

A freestanding lot developed separately but linked functionally to a shopping center.

Parapet. A portion of a vertical wall or architectural railing of a building that extends above the roofline.

Personal Services

Establishments primarily engaged in providing services generally to individuals, such as dry-cleaning and laundry pick-up facilities, portrait photographic studios, beauty and barber shops, seamstress shops, shoe repair shops, and clothing rental shops.

Pedestrian Site Plan. A plan submitted with a large retail establishment (over 30,000 square feet) that denotes the location of certain pedestrian requirements.

Pilaster. A vertical projection from a wall generally used for architectural support, esthetic effect, or ornamental purposes.

Prefabricated Metal Buildings. A building constructed from metal components manufactured and fabricated off site and assembled on the building site.

Projection. A portion of the building that extends or juts out from the main wall to add architectural interest to the façade.

Public Utility Facility

Any structure or facility transmitting a service provided by a government or public utility, including, without limitation, fire stations, emergency medical service centers, telephone and repeater stations, pumping substations, and water towers, but not including telecommunication towers, antennas, and other telecommunication devices.

Rafter. Any of a number of structural components that support a roof (includes roof trusses).

Recession. A depression in a building facade for the purpose of architectural detail or plan functionality.

Recreational Vehicle

A vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use, including, but not limited to: travel trailers, truck campers, camping trailers, self-propelled motor homes, personal watercrafts and boats.

Rest Homes

A facility for the care of the aged and infirm whose principal need is a home with such sheltered and custodial care as their age and infirmities require. Medical care is only occasional, such as may be required in the home of any individual. The residents of such homes will not, as a rule, have remedial ailments for which continuing skilled planned medical and nursing care is indicated.

Reveals. The side faces of a window or door opening (often known as side lights and transoms).

Roof Boot. A special piece of flashing designed for installation over a vent protruding through the roof.

Special Use Permit. A special use permit is a document that may be granted by the Wilkesboro Town Council for a specified land use that is permitted in a given zoning district under an ordinance provision that authorizes the use when the Council makes specified findings. The Council is also authorized to attach other reasonable and appropriate conditions to its permission for the protection of both neighboring properties and larger public interests.

Setback

The minimum required horizontal distance between a structure, including any projection thereof, and a lot line or street right-of-way line, the measurement to whichever is less.

Street

A dedicated and accepted public right-of-way for vehicular traffic that affords the principal means of access to abutting properties.

Street, Arterial

A street used or designed to be used for through traffic, usually on a continuous route, commonly referred to as a thoroughfare.

Street, Collector

A street whose function consists of both carrying traffic from local residential streets to thoroughfares and providing access to abutting properties.

Street, Local

A street used primarily for providing direct access to abutting property.

Street, Private

One that is privately maintained.

Street, Public

One that has been accepted for maintenance by the State of North Carolina or the Town of Wilkesboro.

Structure

Anything constructed or erected above grade, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground (excluding swimming pools, fences, walkways, and patios).

Textured Concrete Masonry Units. Architectural Concrete Masonry is made up of various face textures known to the industry as Split Face Block, Split Scored, Fluted or Ribbed and Ground Face Masonry Units. These units are manufactured under controlled conditions in a variety of materials, colors and texture combination.

Thoroughfare

See “Street, Arterial”

Townhouse

A single-family dwelling unit on its own lot that is attached to one or more similar units by a party wall. Each unit has its own front and rear access and is not located over another unit.

Traffic Analysis/Plan. A plan that addresses the existing and current traffic problems with a site and provides solutions to address adverse traffic conditions.

Vacated Building(s) or Abandoned Development. A building and/or site vacated for at least six (6) months without an active renovation/rehabilitation building permit for either the site or structures.

Variance

A departure from any provisions of the zoning requirements for a specific parcel, except use, without changing the zoning ordinance or the underlying zoning of the parcel. A variance usually is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zone district.

Veneer. Various non structural exterior finishes that are attached to the exterior of a building for improved aesthetics.

Yard

An open space, unobstructed from the ground upward, extending fully across the lot while situated between the front lot line, side lot line or rear lot line and the established front building line, side building line or rear building line

Yard, Front

An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building, projected to the sidelines of the lot.

Yard, Rear

An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building, projected to the sidelines of the lot.

Yard, Side

An open, unoccupied space on the same lot with a principal building, situated between the side line of the building and the side line of the lot, and extending from the rear line of the front yard to the front line of the rear yard.

Parking Requirements

Institutional Uses

Parking Requirements

Commercial/Business/Office Uses

Parking Requirements

Industrial/Wholesale Uses

Parking Requirements