ARTICLE 5 SUPPLEMENTAL USE REGULATIONS

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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ARTICLE 5

SUPPLEMENTAL USE REGULATIONS

Summary: This Section establishes uniform criteria for particular uses which are permitted within one or more of

the zoning districts established in Article 4. If the use is listed as a permitted use in Article 4, Table 4.6-1 or 4.6-2,

the additional criteria set forth in this Article must be satisfied before an application for development approval will

be approved or issued. If the use is listed as a conditional use in Article 4, Table 4.6-1 or 4.6-2, the additional

criteria set forth in this Article must be satisfied before an application for Conditional Use Permit will be approved.

These criteria are designed to ensure that the listed uses are compatible with the other permitted uses in the zoning

district and to implement the policies of the Comprehensive Plan.

TABLE OF CONTENTS

SECTION PAGE

5.1 GENERAL PROVISIONS ........................................................................................................................5-3

5.2 ACCESSORY USES AND STRUCTURES .............................................................................................5-4

5.3 ACCESSORY DWELLING UNITS .........................................................................................................5-7

5.4 ANIMAL REGULATIONS .......................................................................................................................5-8

5.5 ANIMAL BOARDING/STORAGE USES ...............................................................................................5-9

5.6 MOTOR VEHICLE SALES OR RENTAL LOTS ............................................................................... 5-10

5.7 BED AND BREAKFAST INNS .............................................................................................................. 5-11

5.8 CAMPGROUNDS .................................................................................................................................... 5-12

5.9 CEMETERIES AND CREMATORIES ................................................................................................. 5-13

5.10 CONVENIENCE STORES ..................................................................................................................... 5-14

5.11 HAZARDOUS WASTE FACILITIES ................................................................................................... 5-15

5.12 HOME OCCUPATIONS ......................................................................................................................... 5-16

5.13 JUNKYARDS AND HEAVY EQUIPMENT AND INDUSTRIAL STORAGE LOTS ..................... 5-17

5.14 DEMOLITION LANDFILLS ................................................................................................................. 5-18

5.15 MINI-WAREHOUSE/SELF-SERVICE STORAGE ............................................................................ 5-20

5.16 CHILDCARE CENTERS ........................................................................................................................ 5-22

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5.17 RESIDENTIAL CARE FACILITIES .................................................................................................... 5-23

5.18 PRIVATE CLUBS .................................................................................................................................... 5-24

5.19 QUARRYING AND MINING USES ...................................................................................................... 5-25

5.20 SEXUALLY-ORIENTED BUSINESSES............................................................................................... 5-26

5.21 TELECOMMUNICATIONS FACILITIES ......................................................................................... 5-30

5.22 TEMPORARY USES ............................................................................................................................... 5-38

5.23 MANUFACTURED/MODULAR HOME AND STORAGE BUILDING SALES ............................ 5-41

5.24 SINGLE-FAMILY DETACHED RESIDENTIAL IN THE AG, I-1 AND I-2 ZONE ....................... 5-43

5.25 RESIDENTIAL SUBDIVISIONS IN THE AG ZONE ........................................................................ 5-44

5.26 RECEPTION FACILITIES .................................................................................................................... 5-45

5.27 DUPLEXES .............................................................................................................................................. 5-46

5.28 CONTRACTOR OFFICE/SHOP WITH INDOOR STORAGE ......................................................... 5-47

5.29 RETAIL (ON PREMISE, SECONDARY USE) W/ OUTDOOR STORAGE ................................... 5-48

5.30 ELECTRONIC GAMING ESTABLISHMENTS ................................................................................. 5-49

5.31 RELIGIOUS INSTITUTIONS IN I-1 ZONING DISTRICT .............................................................. 5-50

5.32 SOLAR ENERGY STANDARDS .......................................................................................................... 5-51

5.33 BREWPUBS AND BREWERIES-MICRO ........................................................................................... 5-55

5.34 FAMILY SUBDIVISION……………………………………………………………………………… 5-56

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5.1. GENERAL PROVISIONS.

5.1.1. APPLICABILITY.

The provisions of Article 5 are supplemental to the

general provisions of the other Articles of the Unified

Development Ordinances. All Uses and Structures

shall comply with the all other applicable provisions

of this Ordinance in addition to the provisions of this

Article.

5.1.2. CONFLICT WITH OTHER

REGULATIONS.

If there is a conflict between standards of Article 5

and any other requirements of this Ordinance, the

standards of this Article 5 shall control, except as set

forth in section 5.1.3, below.

5.1.3. RELATIONSHIP TO USE TABLE.

The zoning district in which a particular use is

permitted is controlled by Table 4.6-1, and in the

event of any inconsistency between the provisions of

this Article 5 and the Use Matrix (Table 4.6-1), the

provisions of the Use Matrix shall control.

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5.2. ACCESSORY USES AND STRUCTURES.

5.2.1. PERMITTED ACCESSORY USES.

5.2.1.3. The uses listed in Column A, below, shall be permitted by right (unless noted otherwise) in any of the

zoning districts set forth in Column B, below:

(A)

Accessory Use

(B)

Zoning Districts

Accessory Dwellings (subject to the provision of § 5.3)

see Table 4.7-1 (see Article 4)

Garages or Carports (noncommercial)

All Zoning Districts.

Greenhouses (noncommercial)

All Residential Zoning Districts.

Home Occupations (subject to § 5.12)

All Residential Zoning Districts.

Off-Street Parking and Driveways

All districts.

Wireless Telecommunications Antennas or Tower (subject to §

5.21)

All Zoning Districts

Other Telecommunication Antennas or Tower

see Table 4.7-1 (see Article 4)

Satellite Dishes

All Zoning Districts

Signs (see Article 12)

All districts.

Storage Buildings (residential)

All districts.

Swimming Pools (subject to the provisions of § 5.2.2)

All Residential Zoning Districts.

Stables/Private (see § 5.4)

AG, RE, RL.

Tennis Courts (subject to the provisions of this Section)

All Zoning Districts.

Any other Building or Use customarily incidental to the

permitted Primary Use or Building (subject to the location

standards of this § 5.3.1.3)

All Zoning Districts.

5.2.1.4. ESTABLISHMENT. Accessory

buildings or uses shall not be constructed or

established on a lot until construction of the principal

building has commenced or the primary use is

established, except as provided in section 5.2.1.5.

Accessory buildings shall not be used for dwelling

purposes, except as provided in section 5.3.

5.2.1.5. LOCATION.

5.2.1.5.1. Accessory structures shall be

required meet the setback standards for accessory

structures as set forth in Table 4.7-1 Dimensional and

Density Standards. Accessory structures may be

located within a setback yard for principal structures

and shall be regulated in accordance with the

standards below. No accessory structure shall be

located less than 36 inches from the exterior wall of

the principal structure. Structures that are located

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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closer than 36 inches shall be considered as additions

to the principal structure and shall conform to all

applicable setbacks.

5.2.1.5.2. For residential lots not exceeding

two (2) acres, detached accessory buildings shall not

be located in the front yard. Detached accessory

buildings may be built in the required rear yard but

such accessory buildings shall not occupy more than

thirty (30%) percent of the required rear yard and

shall not be closer than five feet to any side or rear lot

line or setback line.

5.2.1.5.3. For residential lots exceeding two

(2) acres, detached accessory buildings may be

located in the front yard but not closer than seventy-

five feet (75') from the front property line/street right-

of-way. Detached accessory buildings may be closer

than the distance specified above if they are not

visible from a public street.

5.2.1.5.4. The location of permitted non-

residential accessory structures shall be governed by

the same dimensional regulations as set forth for the

principal use structure(s).

5.2.1.5.5. Accessory buildings on double

frontage lots shall not be closer to either street than

the required front yard setback.

5.2.1.6. HEIGHT. Accessory buildings shall

not exceed:

5.2.1.6.1. the standard height regulations of

the zoning district as set forth in Table 4.7-1 where

accessory structure is located within the buildable lot

area;

5.2.1.6.2. shall not exceed fifteen (15) feet in

height, where accessory structure is located within a

principal structure setback yard.

5.2.1.7. SIZE. An accessory building shall not

exceed the ground floor area of the principle

building.

5.2.1.8. MATERIALS. No accessory use of

structure shall be permitted that involves or requires

any construction features or materials, which are not

primarily residential in nature or character.

5.2.2. SWIMMING POOLS.

A private swimming pool along with incidental

installations, such as pumps and filters, is permitted

in any residential zoning district provided:

5.2.2.3. The swimming pool and incidental

installations are located in other than the front yard.

5.2.2.4. If any pool contains at least four

hundred fifty (450) square feet of water surface area

or has a depth of thirty-six (36) inches or greater at its

shallowest point, the pool shall be enclosed from

adjoining lots by the Principal Building, an

Accessory Building, a solid wall, or a protective

fence of not less than four (4) feet in height. In the

alternative, a pool cover shall be provided and shall

be installed whenever the pool is not in use.

5.2.2.5. The swimming pool shall be set back

from all lot lines a distance of not less than five (5)

feet.

5.2.3. LIGHTING.

Exterior lighting for accessory uses and/or structures

shall be placed so as to not direct or reflect light upon

adjoining land.

5.2.4. EXEMPTIONS TO ACCESSORY USE

AND STRUCTURE REGULATIONS.

The following uses/structures shall be exempt from

the provisions of this § 5.2:

5.2.4.3. Fencing and walls; However, in no case

shall a rear or side yard fence exceed seven (7) feet.

Front yard fences shall not exceed five (5) feet in

height. Recreational facility fences are exempt from

the height restrictions listed in this section

5.2.4.4. mailboxes;

5.2.4.5. plant materials;

5.2.4.6. any structure or improvement, once

installed, is at grade or less than 1 feet above grade.

5.2.5. PORTABLE ON-SITE STORAGE

UNITS

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Portable On-Site Storage: a portable on-site storage

unit is any container designed for the storage of

personal property that is typically transported by

commercial vehicle and is typically rented to owners

or occupants of real property for their temporary use

only. A portable on-site storage unit is not a building

or structure. The following requirements apply to

any residential real estate parcel upon which a

portable on-site storage unit is to be placed:

(A) Three can be a maximum of two (2)

temporary storage units per parcel at any

one time

(B) A unit must be placed in the side or rear

yard only. However, the unit may be placed

in the front yard if side and rear areas are not

accessible, as determined by the

Administrator (unless the unit adversely

impacts safety, sight triangles, or emergency

response access. The unit may not be placed

in any recorded easement or in the street

right-of-way.

foot setback from side and rear property

lines. There is no minimum spacing

between units.

(D) A unit may remain on the parcel for a

maximum of 90 day s per calendar year

without obtaining a Temporary Use Permit.

A written reason, timeline, and completion

date must be submitted by the applicant

prior the issuance of the permit.

(E) Exemptions

(1) Any commercial or residential

construction site with active zoning and

building permits may have as many

storage units as are needed on the site

without restrictions or permits.

(2) The Temporary Use Permit fee may be

waived in the case of damage as a result

of fire, storm, flood, or other disaster

events.

(3) The above restrictions do not apply to

any parcel greater than five (5) acres in

size.

5.2.6 RECYCLING FACILITIES AND DROP-

OFF SITES

Unattended clothing donation containers are

prohibited unless located at the operational site of a

company or organization that collects used clothing

for resale or donation as a primary business function.

An unattended clothing container is any box, bin,

dumpster, trailer or any other receptacle that is

intended for the use as a collection point for donated

clothing or other household materials a times when

no employee or representative of the sponsoring

company or organization is present to accept

donations. Prohibited clothing donation containers

that exist at the time this section is adopted shall be

removed within 30 days of adoption.

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5.3. ACCESSORY DWELLINGS UNITS.

5.3.1. ZONING DISTRICTS.

Accessory Dwellings and Accessory Apartments are

conditionally permitted in those zoning districts

where such use is permitted in accordance with Table

4.6-1 (see Article 4).

5.3.2. HOUSING STANDARDS.

Accessory Dwellings must comply with all

applicable local, State and Federal housing codes.

5.3.3. NUMBER.

Only one (1) Accessory Dwelling or Accessory

Apartment shall be permitted per lot.

5.3.4. SIZE OF UNIT.

The Accessory Dwelling or Accessory Apartment

shall not exceed fifty (50) percent of the square

footage of the livable area of the primary structure or

1,100 square foot of gross floor area, whichever is

less.

5.3.5. PLACEMENT OF THE ACCESSORY

DWELLING ON THE LOT.

An Accessory Dwelling shall be sited to the rear of

the principal building. In the AG or RE zoning

districts, the Accessory Dwelling unit may be sited to

the side of the principal building only if the lot

exceeds ten (10) acres in size.

5.3.6. SETBACKS.

The Accessory Dwelling shall meet all setback

requirements as established for principal uses within

the zoning district within which it is located.

5.3.7. COMPATIBILITY.

The exterior of the Accessory Dwelling shall be

compatible with the principal residence in terms of

color, siding, roof pitch, window detailing, roofing

materials, and foundation or skirting appearance.

Manufactured homes shall not be pulled up to or

attached to a primary residence and considered an

Accessory Apartment or Accessory Dwelling Unit.

Manufactured homes, as a principal or accessory

dwelling units, shall be permitted only in the MH

Manufactured Home Overlay District.

5.3.8. PARKING.

Adequate off-street parking shall be provided for any

vehicles owned by occupants of the Accessory

Dwelling or Accessory Apartment.

5.3.9. UTILITIES.

Where there is no public sanitary sewer service to the

Accessory Dwelling unit, County Health Department

shall approve sanitary sewer services provided to

such Accessory Dwelling unit prior to its

construction.

5.3.10. OWNER-OCCUPIED RESTRICTION

Accessory dwelling units shall only be allowed on

parcels that contain owner-occupied single-family

dwelling units that are allowed as a principal

permitted use.

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5.4. ANIMAL REGULATIONS.

5.4.1. PURPOSE AND SCOPE.

The purpose of this Section is to provide rules and

regulations for the keeping of agricultural animals or

other livestock so that these animals do not become a

nuisance, hazard, and/or health problem to the

adjoining neighbors and the general public. The

provisions of this section shall not apply to dogs,

cats, or other similar household pets. The

administrator reserves the right to determine what is

considered a household pet.

5.4.2. USE REGULATIONS.

The use of land for the keeping of agricultural

animals of other livestock shall be permitted as set

forth in Table 4.6-1 (see Article 4) subject to the

criteria below.

5.4.3. AGRICULTURAL ANIMALS.

5.4.3.3. The provisions of this Section 5.4 shall

not apply to the AG Agriculture District.

5.4.3.4. No livestock shall be kept, maintained

or stabled within any Residential Zoning District on

any lot not exceeding two (2) acres.

5.4.3.5. On parcels of two (2) acres or more and

as set forth in Table 4.6-1 (see Article 4), certain

livestock shall be permitted subject to the following

provisions:

5.4.3.6. All buildings or structures (excluding

fences) used to house livestock shall be located so

that they are no closer than one-hundred fifty feet

(150') from a dwelling unit. The provisions of this

section shall not apply if a dwelling unit is

constructed so as to encroach upon an existing

livestock use, except that such a livestock use may no

longer expand towards a newly established

residential use.

5.4.3.7. Not more than one (1) Animal Unit

shall be shall be kept, maintained or stabled per six

thousand (6,000) square feet of land.

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5.5. ANIMAL BOARDING/STORAGE USES.

5.5.1. APPLICABILITY.

The provisions of this Section shall apply to any use

that includes the commercial boarding or storage of

live animals, including but not limited to veterinarian

hospitals and kennels. Animal Boarding/Storage Uses

shall be permitted as set forth in Table 4.6-1 (see

Article 4) subject to the criteria below.

5.5.2. CRITERIA.

5.5.2.3. Facilities for the boarding of all dogs

and other household pets shall conform to the

following:

5.5.2.3.1. Any building housing animals shall

be located a minimum of 150 feet from any

residentially zoned or developed property.

5.5.2.3.2. Animal wastes shall not be stored

any closer than fifty (50) feet from any property line

or surface waters.

5.5.2.4. Areas used for grazing, exercising or

training of said animals shall be securely fenced to

prevent the animals from straying, or a suitable

restraint shall be provided to prevent straying.

5.5.2.5. Any kennel which is not wholly

enclosed within a building shall be enclosed by a

security fence at least six (6) feet in height.

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5.6. MOTOR VEHICLE SALES OR RENTAL.

5.6.1. APPLICABILITY.

The provisions of this Section shall apply to any

Automobile Sales or Rental establishment as allowed

by Table 4.6-1 (see Article 4).

5.6.2. ACCESSORY USES.

In addition to the accessory uses set forth in § 5.2.1

of this Article, the following accessory uses are

permitted for any Automobile Sales Establishment:

5.6.2.3. Sales, office, parts, service, storage, and

body shop facilities accessory to new Automobile

Sales Establishments.

5.6.2.4. Storage, body shop, washing, fueling,

painting facilities, and air quality certification.

5.6.2.5. Temporary automobile sales offices and

display areas (interior or exterior). Such uses shall be

allowed for a period not to exceed two years from the

date approved by the Town . The period may be

extended for up to an additional one year if the

permanent facility is under construction prior to

expiration of the initial two-year period but not yet

complete.

5.6.3. DISPLAY AREA.

5.6.3.3. The outdoor vehicle display area shall

not exceed 60,000 square feet of continuous paved

surface.

5.6.3.4. For purposes of this Section, a paved

surface shall not be considered “continuous” if it is

separated by a Type A buffer yard (as set forth in

Article 7) along the boundary between the display

areas. The buffer yard may be penetrated by a

driveway of not less than twelve (12) or more than

eighteen (18) feet in width for every one-hundred

fifty (150) feet in buffer yard length.

5.6.3.5. No vehicles may be displayed or stored

on or within required buffer yards, including required

street yards.

5.6.3.6. Paved areas reserved for the storage or

display of vehicles for sale shall not be required to be

striped for individual vehicle spaces. However, off-

street parking for employees and patrons shall be

required to conform to the design provisions of

Article 8.

5.6.3.7. NOT PERMITTED

Motor vehicle sales or rental shall not be permitted

in, or as part of, shopping centers or multi-tenant

facilities.

5.6.3.8. NOT PERMITTED

The sale of motor vehicles by individual owners shall

not be permitted in shopping centers, multi-tenant

facilities or on commercial business lots not

specifically permitted for car sales.

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5.7. BED AND BREAKFAST INNS.

5.7.1. LOCATION.

Bed and breakfast inns shall only be established in

accordance with Table 4.6-1 (see Article 4) subject to

the following location limitations:

5.7.1.3. a Historic Preservation Overlay District

or;

5.7.1.4. on a parcel with frontage on a major or

minor thoroughfare; or

5.7.1.5. within a PUD Planned Unit

Development.

5.7.2. STRUCTURE.

A structure which shall be used for a bed and

breakfast inn shall not be altered in any way that

changes its general residential appearance.

5.7.3. APPROVAL CRITERIA.

5.7.3.3. Off-Street Parking. See Table 8.1-3.

5.7.3.4. Receptions/Private Parties. No

receptions, private parties or similar activities shall

be permitted unless expressly approved as part of the

Conditional Use Permit or Site Plan application.

5.7.3.5. Room Rental. No long-term rental of

rooms shall be permitted. The maximum length of

stay shall be thirty (30) days.

5.7.3.6. Guest Rooms. All guest rooms shall be

located within the principal structure.

5.7.3.7. Meals. Other than registered guests,

no meals shall be served to the general public unless

expressly approved as part of the Conditional Use

Permit or Site Plan application. No cooking facilities

shall be permitted in the guest rooms.

5.7.3.8. Accessory Uses. Accessory uses

associated with a bed and breakfast inn include those

as set forth in § 5.2.1.

5.7.3.9. Area Regulations. Area regulations

for minimum lot size, applicable setbacks, building

height and other dimensional requirements for new

construction shall be governed by the zoning district

in which the property is located.

5.7.3.10. Maximum Number of Guest Units.

The maximum number of guest bedrooms for each

proposed bed and breakfast inn shall be five (5),

unless the applicant can demonstrate that the original

floor plan of the structure contained a larger number

of bedrooms, in which case the original number of

bedrooms may be approved as allowable guest

lodging

5.7.3.11. Landscaping and Buffering. See

Article 7.

5.7.3.12. Lighting. All outdoor lights must be

shielded to direct light and glare only onto the

facility’s premises and may be of sufficient intensity

to discourage vandalism and theft. Lighting and

glare must be deflected, shaded and focused away

from any adjoining residential property.

5.7.3.13. Signage. Signs for bed and breakfast

inns shall meet the requirements of the Sign

Regulations and the requirements set forth below.

5.7.3.13.1. Signage shall be limited to one

ground sign per establishment.

5.7.3.13.2. Ground signs identifying bed and

breakfast inns shall not exceed five square feet in

area nor five feet in height. Such signs shall not be

illuminated.

5.7.3.13.3. No additional advertising signs

shall be permitted on the property.

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5.8. CAMPGROUNDS.

5.8.1. CRITERIA.

This section applies to Campgrounds as permitted by

Table 4.6-1 (see Article 4) and subject to the following

standards:

5.8.1.3. Campgrounds shall not be used as

permanent residences except for one (1) owner or

manager and up to three (3) permanent maintenance

personnel.

5.8.1.4. Towed vehicles within the Campground

shall not exceed eight feet (8') in width.

5.8.1.5. No person, other than the owner or

operator shall stay in any Campground more than

ninety (90) days per calendar year.

5.8.1.6. Camp sites shall be a minimum of one

thousand two hundred fifty (1,250) square feet and at

least twenty-five feet (25') in width.

5.8.1.7. Camp sites shall be spaced so that there is

at least: ten feet (10') between sites; eight (8') feet from

the interior roadways; fifty feet (50') from exterior

roadways; and fifteen (15') feet from property lines.

5.8.1.8. Parking spaces and interior roadways

shall be paved or treated to reduce dust.

5.8.1.9. Sewage facilities, if provided, shall be

connected to a public sewer collection and treatment

system, unless alternative systems are permitted by

state law.

5.8.1.10. All utilities shall be located underground.

5.8.1.11. At least one public telephone shall be

provided.

5.8.1.12. Walkways to concentrated activity areas

(such as bathhouse, restrooms, etc.) within the

campground area shall be at least four feet (4') wide

with an all-weather surface.

5.8.1.13. All unpaved areas within the campground

must have vegetative ground cover which is adequate

to prevent erosion and blowing dust.

5.8.1.14. One tree of a species identified in the

Suggested Plant List shall be provided for each two

camping spaces. Such trees shall be located in front of

those spaces. The Applicant shall comply with the

Tree Protection and Preservation requirements of the

Landscaping Standards.

5.8.1.15. All trash collection areas shall be

completely screened from view at any public right-of-

way or property line.

5.8.1.16. Adjoining residential zoned or developed

areas shall be screened by a minimum Class “C” buffer

yard as described in Landscaping Standards of this

Ordinance.

5.8.1.17. Each campground shall provide an on-site

attendant 24 hours per day.

5.8.1.18. (Applies to campgrounds in an I-1 zoning

district only) Camp grounds shall only be permitted

north of Mallard Creek in order to provide camping

facilities in close proximity to the Speedway.

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5.9. CEMETERIES and CREMATORIES.

5.9.1. APPLICABILITY.

The provisions of this Section apply to any

Cemeteries or crematories as allowed by Table 4.6-1

(see Article 4) and subject to the provisions below.

5.9.2. CRITERIA.

5.9.2.3. Pursuant to NCGS § 90-210.43, any

crematories may be established in commercial or

industrial zoned district so long as it is adjacent to a

funeral establishment.

5.9.2.4. Minimum setback for all structures,

excluding gatehouses, is one hundred (100) feet from

any exterior property line. Gatehouses shall be

excluded from any minimum building setback.

5.9.2.5. Minimum setback for any grave or

burial plot is fifty (50) feet from any exterior property

line, except that any grave or burial plot shall be

allowed within three (3) feet of a property line of an

abutting parcel that contains an existing cemetery.

5.9.2.6. Buffering and Landscaping shall be

regulated in accordance with Article 7.

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5.10. CONVENIENCE STORES (with or without Gasoline sales).

5.10.1. APPLICABILITY.

The provisions of this Section shall apply to

Convenience Stores and Gas Stations as allowed in

Table 4.6-1 (see Article 4) and subject to the

provisions below.

5.10.2. ACCESSORY USES.

5.10.2.3. The following uses shall be considered

accessory to Convenience Stores or Gas Stations:

5.10.2.3.1. Car washes.

5.10.2.3.2. Gasoline pumps and canopies.

5.10.2.3.3. Automatic teller machines

(ATM’s).

5.10.2.3.4. Restaurants located within the

Primary Building.

5.10.2.4. Sales of prepackaged beverages, snack

foods, tobacco products, and other retail

merchandise, and rental of video tapes and video

cassette recorders.

5.10.3. APPROVAL CRITERIA

5.10.3.3. Location.

5.10.3.3.1. Principal Structure - The site shall

have frontage on a thoroughfare or collector road.

5.10.3.3.2. Service Equipment – No above-

grade equipment for the vehicular service of gasoline,

oil, or other petroleum product, shall be closer than

25 feet to any public right-of-way and 10 feet to any

exterior property line. Pump island canopies shall not

be located closer than 10 feet to a public right-of-way

or an exterior property line.

5.10.3.4. Maximum Square Footage for

Principal Structure.

5.10.3.4.1. In C-2 District: No maximum.

5.10.3.4.2. In all other districts that allow

convenience stores: 2,000 leasable square feet for

enclosed structure.

5.10.3.5. Lighting.

All exterior lights must be shielded to direct light and

glare only onto the Lot or Parcel where the

convenience store is located, and may be of sufficient

intensity to discourage vandalism and theft. Lighting

and glare must be deflected, shaded and focused

away from any adjoining residential property.

5.10.3.6. Signage.

See Article 12 Signage Regulations.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-15

5.11. HAZARDOUS WASTE FACILITIES.

5.11.1. PURPOSE AND INTENT.

The purpose and intent of this Section is to provide

supplementary guidance and standards for the

issuance of conditional use permits for hazardous

waste facilities. State law restricts the extent to

which local zoning may regulate hazardous waste

facilities, the General Assembly recognizes that the

reasonable concerns of local governments may be

considered. NCGS §§ 130B-3, 130B-4.

5.11.2. ZONING DISTRICTS.

To the extent not preempted by NCGS § 130A-293,

hazardous waste facilities shall be permitted only in

the zoning districts indicated in Table 4.6-1 (See

Article 4).

5.11.3. CRITERIA.

Consistent with NCGS § 130B-20, no zoning

compliance permit shall be approved until a

conditional use permit application has been filed.

Prior to the filing of any application for a zoning

compliance permit, the site designation review

committee established pursuant to NCGS § 130B-9

and 4 NCAC § 18.0305 shall examine the criteria for

issuance of a conditional use permit and shall submit

its recommendation to the North Carolina Hazardous

Waste Management Commission. No conditional use

permit or zoning compliance permit shall be issued

unless the applicant complies in all respects to the

above-referenced regulations.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-16

5.12. HOME OCCUPATIONS.

5.12.1. APPLICABILITY

A home occupation is permitted as an accessory use

to any dwelling unit in accordance with the following

standards.

5.12.1.1. A home occupation business is allowed

in a permitted accessory structure.

5.12.1.2. A home occupation shall occupy no

more than 25% of the total floor area of the

residential structure.

5.12.1.3. The business must not change the

essential residential character of the dwelling and/or

lot.

5.12.1.4. The use shall employ no more than one

person who is not a resident of the dwelling.

5.12.1.5. The business shall not operate outside

of the hours of 7:00 AM to 7:00 PM. This time

limitation shall apply to the actual operation of the

business on site, and shall not apply to preparation

time for business, including leaving or returning to

the home.

5.12.1.6. The home occupation shall not utilize

mechanical, electrical, or other equipment which

produces excessive noise, electrical or magnetic

interference, vibration, heat, glare, or other nuisances

outside of the dwelling or accessory structure.

5.12.1.7. No outdoor storage of equipment except

for equipment of a type that could be reasonably

associated with the principal use.

5.12.1.8. Only one commercial vehicle will be

allowed in connection with the conduct of the home

occupation.

5.12.1.9. No signage is permitted.

5.12.1.10. The following uses are prohibited from

home occupation:

 Temporary or permanent motor vehicle

display for purposes of sale or lease,

restoration, or conversion

 Engine repair

 Furniture refurnishing

 Gymnastics facilities

 Medical office

 Animal services

 Athletic studios or outdoor recreation

 Machine shop

 Retail sales

 Mortuaries

 Body piercing and/or tattoos

 Therapy

 Any use that draws multiple clients to the

dwelling at the same time on a regular basis

5.12.1.11. The administrator has the authority to

allow or disallow a use based on the impact the use

will have on the surrounding residential area.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-17

5.13. JUNKYARDS/SALVAGE YARDS.

5.13.1 APPLICABILITY.

Any Junkyard or Salvage Yard with outdoor storage.

Any Industrial or Extractive Use involving outdoor

storage of junk as a Primary Use or an Accessory

Use.

The use of land for the outdoor storage of junk or

salvage shall be permitted as set forth in Table 4.6-1

(see Article 4) subject to the criteria below.

5.13.2 CRITERIA.

No conditional use permit or building permit shall be

issued for a junkyards/salvage yard unless all of the

following standards and criteria are satisfied as

provided in the Junkyard Control Act, NCGS § 136-

144 (i) and:

Junkyards/salvage yards shall be screened in

accordance with the standards for buffers in Article 7.

Materials shall not be vertically stacked so as to be

visible from the public right-of-way or any buffer

yard as required by Article 7.

No yard or storage lot shall be placed or maintained

within a required yard setback.

All tires not mounted on a vehicle shall be neatly

stacked or placed in racks. If stacked, the stacks shall

not be stacked over six feet in height. No garbage or

other putrescent waste, likely to attract vermin, shall

be kept on the premises. Gasoline, oil, or other

hazardous materials which are removed from

scrapped vehicles or parts of vehicles kept on the

premises shall be disposed of in accordance with

applicable federal, state and local regulations. All

other regulations of the state of North Carolina and

the Town of Harrisburg such as, but not limited to,

building codes, fire codes, weed regulations, and

health regulations shall apply to the operation of all

such uses.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-18

5.14. DEMOLITION LANDFILLS

5.14.1. APPLICABILITY.

The provisions of this Section apply to any Demolition

Landfill as defined by NCGS 130A-294(4)a. NCGS §

130A-294(4)a. provides that “A landfill for the

disposal of demolition debris generated on the same

parcel or tract of land on which the landfill is located

that has a disposal area of one acre or less is exempt

from the permit requirement of this section and rules

adopted pursuant to this section, and shall be governed

by G.S. 130A-301.2.”

{Note: NCGS § 130A-301.2 expires on June 30, 2001.

These provisions are consistent with those

requirements. The Solid Waste Management Division

of DENR repealed its application and operational rules

(formerly 15A NCAC 13B.0506 and 13B.0507 for

demolition landfills on January 4, 1993.}

5.14.2. USE REGULATIONS.

The use of land for a demolition landfill shall be

permitted as set forth in Table 4.6-1 (see Article 4)

subject to the criteria below.

5.14.3. CRITERIA.

5.14.3.1. The disposal area of a demolition landfill

shall not exceed one (1) acre.

5.14.3.2. The disposal area shall not exceed five (5)

feet above average grade in height.

5.14.3.3. The landfill shall accept and dispose of

demolition debris generated on land that the applicant

owns in a landfill that is located on the same parcel or

tract of land.

5.14.3.4. The landfill shall be located at least one-

quarter mile from any other landfill of any type.

5.14.3.5. The perimeter of the landfill shall be at least

50 feet from the property boundary.

5.14.3.6. The perimeter of the landfill shall be at least

500 feet from the nearest drinking water well.

5.14.3.7. The waste disposal area of the landfill is at

least four feet above the seasonal high groundwater

table.

5.14.3.8. The landfill shall comply with all applicable

federal, State, and local laws, regulations, rules, and

ordinances.

5.14.3.9. The applicant shall comply with the siting

criteria set forth in 15A NCAC § 13B.0564. After the

expiration of NCGS § 130A-301.2, the requirements of

15A NCAC § 13B.0564 shall supersede any standards

in this Section 7.20 to the extent permitted by state law.

5.14.3.10. Demolition debris may be disposed

in a landfill to which this section applies without being

separated into demolition debris components. No waste

other than that generated by the demolition of a

building or other structure shall be disposed of in the

landfill.

5.14.3.11. The owner or operator shall establish

sufficient controls to ensure that the refuse remains

within the disposal area, and that the refuse cannot be

removed by winds, stormwater, or other foreseeable

natural or man-made forces.

5.14.3.12. No building shall be located or

constructed immediately above any part of a landfill to

which this section applies. No construction, except for

site preparation and foundation work, shall be

commenced on a parcel or tract of land on which a

landfill to which this section applies is located until the

landfill is closed.

5.14.4 APPROVAL PROCESS.

5.14.4.1 Zoning Clearance and Town Council

Approval. No demolition landfill shall be established

until a zoning clearance permit is obtained from the

Administrator.

5.14.4.2 Duration of Permit. A zoning clearance

shall be effective for a twelve-month period. The

demolition landfill is presumed to be an adjunct to an

ongoing construction process and, as such, is permitted

only for the life of the construction project. The

Administrator shall renew the zoning clearance if a

written finding is made that the construction project is

ongoing.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-19

5.14.4.3 Application Requirements. The following

information must be submitted at the time of

application for such permit:

5.14.4.3.1 Survey. A survey showing the exact

location of the proposed demolition landfill within the

entire project.

5.14.4.3.2 Contents of Landfill. A statement

detailing all contents of the landfill.

5.14.4.3.3 Reclamation of Landfill Area. A

statement detailing the plans for reclaiming the landfill

at the end of its use.

5.14.4.3.4 Future Building Plans. A statement

describing plans for future building, if any, on the

landfill site.

5.14.5 CLOSURE.

5.14.5.1 Within 30 days of the closure of the landfill,

or at least 30 days before the land, or any interest in the

land, on which the landfill is located is transferred,

whichever is earlier, the owner or owners of record of

the land on which the landfill is located shall file with

the Register of Deeds of Cabarrus County a survey plat

of the property that meets the requirements of NCGS §

47-30. The plat shall accurately show the location of

the landfill and shall reference this section. A certified

copy of the plat showing the book and page number

where recorded shall be filed with the Administrator at

the same time that the certified copy of the notice

required by § 7.20.4.2 of this section is filed with the

Administrator.

5.14.5.2 Within 30 days of the closure of the landfill

or at least 30 days before the land, or any interest in the

land, on which the landfill is located is transferred,

whichever is earlier, the owner or owners of record of

the land on which the landfill is located shall file with

the Register of Deeds of Cabarrus County a notice that

a landfill for the disposal of demolition debris has been

located on the land. Where state law requires an

identical notice, compliance with the state requirements

shall constitute compliance with this Section. The

notice shall include a description of the land that would

be sufficient as a description in an instrument of

conveyance. The notice shall list the owners of record

of the land at the time the notice is filed and shall

reference the book and page number where the deed or

other instrument by which the owners of record

acquired title is located. The notice shall reference the

book and page number where the survey plat required

by § 5.14.4.1 is recorded. The notice shall reference

this section, shall describe with particularity the type

and size of the building or other structure that was

demolished, and shall state the dates on which the

landfill opened and closed. The notice shall be

executed by the owner or owners of record as provided

in Chapter 47 of the North Carolina General Statutes.

The Register of Deeds shall record the notice and index

it in the grantor index under the name of the owner, or

names of the owners, of the land. The owner shall file a

certified copy of the notice showing the book and page

number where recorded, together with a certified copy

of the survey plat as required by § 5.14.5.1 of this

section, with the Administrator. Unless a filing fee is

required for DENR, the owner shall pay a filing fee to

the Administrator within 15 days after the notice is

recorded.

5.14.5.3 The owner or operator of the landfill shall

close the landfill within 30 days after the demolition is

completed or terminated. The owner or operator shall

compact the demolition debris and cover it with at least

two feet of compacted earth. The cover of the landfill

shall be graded so as to minimize water infiltration,

promote proper drainage, and control erosion. Erosion

of the cover shall be controlled by establishing suitable

vegetative cover.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-20

5.15. MINI-WAREHOUSE/SELF-SERVICE STORAGE.

5.15.1. PURPOSE.

This Section sets standards for the establishment and

maintenance of safe and attractive mini-warehouse

developments that will remain a long-term asset to the

community. The use of land for mini-warehousing/self-

service storage shall be permitted as set forth in Table

4.6-1 (see Article 4) subject to the criteria below.

5.15.2. MINIMUM/MAXIMUM LOT SIZES.

5.15.2.1.1. Minimum lot size - one (1) acre

5.15.2.1.2. Maximum lot size – five (5) acres in

all districts except I-1 and I-2. I-1 and I-2 shall have

no maximum lot size.

5.15.3. BUILDING HEIGHT.

5.15.3.1. Except as allowed in § 5.15.3.2, building

height shall not exceed one story. For purposes of this

section, one story shall mean and refer to a maximum

interior ceiling height of 10 feet, which may include a

maximum of eight feet with an additional two feet to

accommodate a garage-type sliding or roll up door.

5.15.3.2. In the C-2 district, height maximums are

governed by the standard allowances as set forth in

Article 4, § 4.7.

5.15.4. LANDSCAPING AND BUFFERING.

5.15.4.1. A type “B” buffer yard as prescribed in

Article 7 shall be provided around the perimeter of the

mini-warehouse development.

5.15.4.2. Signs or other advertising mediums shall not

be placed within the buffer yard.

5.15.4.3. All areas on the site not covered by pavement

or structures shall be brought to finished grade and

planted with turf or other appropriate ground cover(s)

and shall conform to the standards and planting

requirements of Article 7.

5.15.5. ON-SITE MANAGER OR SECURITY

SYSTEM REQUIRED.

No facility herein provided for shall be used or

maintained unless and until an on-site manager shall be

provided for such facility, or a security system has

been installed.

5.15.6. COMMERCIAL ACTIVITY

PROHIBITED.

It shall be unlawful for any owner, operator or lessee of

any storage warehouse or portion thereof to offer for

sale, or to sell any item of personal property or to

conduct any type of commercial activity of any kind

whatsoever other than leasing of the storage units, or to

permit same to occur upon any area designated as a

storage warehouse, or accessory uses as listed in

5.15.13.

5.15.7. RESIDENTIAL USE PROHIBITED.

No portion of any Mini-Warehouse/self-service storage

shall be used, on a temporary or permanent basis, as a

dwelling.

5.15.8. REPAIR OF AUTOS, BOATS, MOTORS,

AND FURNITURE PROHIBITED; STORAGE OF

FLAMMABLE LIQUIDS PROHIBITED.

Because of the danger from fire or explosion caused by

the accumulation of vapors from gasoline, diesel fuel,

paint, paint remover, and other flammable materials,

the repair, construction, or reconstruction of any boat,

engine, motor vehicle, or furniture, and the storage of

any propane or gasoline engine or propane or gasoline

storage tank is prohibited within any structure on a

tract of land designated as a mini-warehouse. All mini-

warehouse rental contracts shall include clauses

prohibiting (a) the storage of flammable liquids, highly

combustible or explosive materials, or hazardous

chemicals, and (b) the use of the property for purposes

other than dead storage.

5.15.9. LIGHTING.

All outdoor lights must be shielded to direct light and

glare only onto the Lot or Parcel which the Mini

Warehouse is located. Lighting and glare must be

deflected, shaded and focused away from any adjoining

residential property.

5.15.10. OUTSIDE STORAGE.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-21

No outside storage shall be permitted except the

storage of recreational vehicles per § 5.15.11.4.

5.15.11. ACCESSIBILITY.

5.15.11.1 Ingress/Egress. Vehicular ingress-

egress shall provide for safe access by customers and

emergency vehicles.

5.15.11.2 Interior Travel Lanes. Interior

travel lanes shall have a minimum width of twelve (12)

feet for one-way and twenty-four (24) feet for two-way

travel lanes. The minimum travel lane width for fire

and life safety access shall be twenty (20) feet.

5.15.12. OFF-STREET PARKING STANDARDS.

5.15.12.1 Location of Customer Parking.

Parking shall be provided by parking/driving lanes

adjacent to the buildings.

5.15.12.2 Interior Travel Lanes. Interior

travel lanes shall have a minimum width of twelve (12)

feet for one-way and twenty-four (24) feet for two-way

travel lanes.

5.15.12.3 Off-street Parking. One parking

space is required for every 200 storage units with a

minimum of two spaces required. The parking spaces

shall be provided adjacent to the manager’s office.

5.15.12.4 Vehicular Storage. Required

parking spaces shall not be rented as, or used for,

vehicular storage. However, additional parking area

may be provided for recreational vehicle storage.

5.15.13 ACCESSORY USES.

Sales of customary equipment and supplies, such as

hand trucks, straps, tapes, packaging materials, boxes,

etc. are permitted through the main office only.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-22

5.16. CHILDCARE FACILITIES.

5.16.1 APPLICABILITY.

The provisions of this Section apply to any:

Childcare Center.

Childcare as a Home Occupation. (see § 5.12)

5.16. 2 PERMIT APPLICATION.

5.16.2.1 The following shall be submitted with the

application for a zoning compliance permit or

certificate of zoning compliance:

5.16.2.2 A copy of the N.C. state license issued to

the facility. A written approval from the Harrisburg

Fire Marshal’s Office will be required prior to

Zoning approval and issuance of permit.

5.16.2.3 Evidence that the N.C. Department of

Transportation has issued driveway permits for the

facility (may submit copies).

5.16.2.4 Such areas shall be located not less than

one-thousand (1,000) feet from any Hazardous Waste

Facility; and shall be enclosed with a fence, with a

minimum height of five (5) feet.

5.16.3 ACCESS AND LOADING/ UNLOADING.

5.16.3.1 This provision of this § 5.16.3 shall not

apply to Childcare Facilities as Home Occupations.

5.16.3.2 Adequate access to and from the site, as

well as adequate off-street space must be provided

for the pickup and discharge of children. Standards

for access and off-street parking/loading are set forth

in Article 8 of this Ordinance.

5.16.3.3 The use shall front a street classified as a

collector or a thoroughfare.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-23

5.17. RESIDENTIAL CARE FACILITES.

5.17.1. APPLICABILITY.

The provisions of this Section apply to any Nursing

Home or Residential Care Facility. The Provisions of

this section shall not apply to a Family Care Home as

defined in Appendix A.

The use of land for a residential care facility shall be

permitted as set forth in Table 4.6-1 (see Article 4)

subject to the criteria below.

5.17.2. STATE LICENSING.

Prior to submission of an application for a certificate

of zoning compliance, an owner/operator of a

residential care facility shall have received a license

from the State of North Carolina for the operation of

such a facility.

5.17.3. LOCATION.

No residential care facility shall be located within

one thousand (1,000) feet from any Hazardous Waste

Facility.

5.17.4. SECURITY FENCING.

Residential care facilities that provide care to patients

who suffer from Alzheimer’s disease, dementia or

other similar disability that may cause disorientation,

shall provide a security fence, with a minimum height

of five (5) feet, along the perimeter of any portion of

the site that is accessible to these patients.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-24

5.18. PRIVATE CLUBS.

5.18.1. PURPOSE.

Regulations for private clubs are developed to

establish consistent guidelines covering review of

such uses, which because of their nature, may be

objectionable to nearby residential uses. Special

regulations and review of individual cases are

necessary to determine if these establishments are

located in areas where traffic and noise impacts are

minimized. It is not the purpose of these regulations

to regulate activities controlled by the North Carolina

Alcoholic Beverage Control Commission pursuant to

NCGS § 18B-901.

5.18.2. APPLICABILITY.

The provisions of this section shall apply to any

private club to the extent not preempted by NCGS §

18B-901. Private clubs located completely within

motels and hotels shall be exempt from the

provisions of these regulations, provided that they

encompass no more than 25 percent of the gross floor

area of the motel or hotel.

The use of land for a private club shall be permitted

as set forth in Table 4.6-1 (see Article 4) subject to

the criteria below.

5.18.3. SPACING REQUIREMENTS.

No private club shall be established within 1,000 feet

of any of the following:

5.18.3.3. any Residential Zoning District, any

Elementary School, Middle School, or High School;

5.18.3.4. any Child Care Center or Child Care

Facility;

5.18.3.5. any Religious Institution; or

5.18.3.6. any other existing private club.

5.18.4. REVIEW AND APPROVAL.

In addition to the requirements of Appendix B to this

Ordinance, an Application for Development

Approval for a private club shall include a Floor Plan

of the Building or Structure in which the private club

is located. Said Floor Plan shall delineate separately

the areas of the Building or Structure which are used

for the dispensing of food and beverages,

entertainment, and dancing.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-25

5.19. QUARRYING AND MINING USES.

5.19.1. PURPOSE.

To establish consistent guidelines covering review of

applications for mining and quarrying operations

where an approved site plan is considered necessary

to protect any adjacent residential property from

smoke, dust, and noise, and to minimize the effect of

scarification of the landscape.

5.19.2. APPLICABILITY.

The provisions of this Section apply to any mining or

extractive uses as identified in North American

Industrial Classification System (NAICS) Industry

Group 21. The use of land for quarrying and/or

mining shall be permitted as set forth in Table 4.6-1

(see Article 4) subject to the criteria below.

5.19.3. COMPLIANCE WITH STATE

REGULATIONS.

All proposed mining and quarrying activities must

conform to the “North Carolina Mining Act of 1971"

as amended, (NCGS § 74-46 et seq.) NCAC, Title 15,

Chapter 5. The applicant shall, if disturbing more

than one acre of land, obtain, or be in the process of

obtaining, a mining permit issued by the North

Carolina Department of Natural Resources and

Community Development Regional Office.

Wherever conflicts exist between federal, state, or

local laws, the more restrictive provisions shall apply.

5.19.4. REVIEW AND APPROVAL.

Submission requirements to obtain complete review

and approval for mining and quarrying operations on

sites with a disturbed area of one acre or more

include a conditional use permit application, a

reclamation plan, and a Preliminary Site Plan

detailing the minimum general standards as set forth

in Appendix C of this Ordinance.

5.19.5. SETBACKS.

Minimum setbacks in Section 4.7 shall apply to the

extent of land disturbing activity and the placement

of mining machinery or structures.

5.19.6. BARRIER REQUIRED.

5.19.6.1. A barrier shall be provided around the

perimeter of a mine or quarry. The barrier shall

consist of either an earthen berm, a solid fence and

landscaping, existing topographical features, or any

combination of the above. The barrier shall be

constructed so as to completely block the view of the

mining/quarrying operations from any point on an

adjacent property line or public right-of-way, except

at points of ingress and egress. Landscaping shall be

in accordance with Article 7.

5.19.6.2. The operation shall provide an entrance

gate to prevent vehicular access during non-

operational hours.

5.19.7. EXEMPTIONS.

5.19.7.1. Earth moving activity disturbing less than

one acre of land shall be exempt from the provisions

of this Section.

5.19.7.2. Site grading, as part of a construction

project, moving earth from one area of a lot or

development to another shall be exempt from the

provisions of this Section, regardless of the area

disturbed.

5.19.7.3. Borrow pits are exempt from the provisions

of this Section.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

5-26

5.20. SEXUALLY ORIENTED BUSINESSES.

5.20.1. PURPOSE & FINDINGS.

5.20.1.1. The Town Council of the Town of

Harrisburg finds that this Ordinance is necessary in

order to protect the Town from the potential

secondary effects of sexually oriented businesses

including crime, the protection of the Town ’s retail

trade, the prevention of the blighting of

neighborhoods and the maintenance of property

values, protecting and preserving the quality of the

Town ’s neighborhoods and the Town ’s commercial

districts, the protection of the Town ’s quality of life,

the increased threat of the spread of sexually

transmitted diseases, and the protection of the peace,

welfare and privacy of persons who patronize

sexually oriented businesses. Experience in this

Town as well as in cities and counties within and

outside of North Carolina including the County of

Los Angeles, the City of Garden Grove and the cities

of Renton, Washington; Seattle, Washington; Detroit,

Michigan; Austin, Texas; Indianapolis, Indiana; and

Phoenix Arizona; have demonstrated that such uses

have objectionable secondary effects upon

immediately adjacent residential and commercial

areas. The Town recognizes and relies upon the

experience of these other cities and counties in

adopting sexually oriented business regulations

including the County of Los Angeles (as discussed in

Smith v. County of Los Angeles 211 Cal. App. 3d 188

(1989)); City of Renton, Washington (as discussed in

City of Renton v. Playtime Theatres, Inc.475 U.S. 41

(1976)); the City of Seattle Washington (as discussed

in Northend Cinema v. City of Seattle 90 Wash. 2d

709, 585 P.2d 1153 (1978)); and the County of Palm

Beach, Florida (as discussed in Movie & Video Work

v. Board of County Commissioners 723 F. Supp. 695

(S.D. Fla. 1989)) in support of this Ordinance. The

City also recognizes and relies upon the studies done

by: (1) the 1979 Adult Use Study by the Phoenix

Planning Department; (2) Tucson, Arizona (1990);

(3) the 1991 report to the City of Garden Grove by

Drs. McCleary and Meeker on the relationship

between crime and adult business operations; (4) the

City of Los Angeles in 1977); (5) the 1984 “Analysis

of Adult Entertainment Businesses in Indianapolis”

by the Department of metropolitan Development; (6)

Minneapolis, Minnesota (1980); (7) Cleveland, Ohio

(1977); (8) Oklahoma City, Oklahoma (1986); (9)

Austin, Texas’ study on effects of adult businesses;

(10) Amarillo, Texas (1977); (11) Beaumont, Texas

(1982); (12) Houston, Texas (1983); and (13) Seattle,

Washington (1989).

5.20.1.2. The Town Council believes the

following statements are true, in part based upon its

understanding of the experiences of the various

jurisdictions identified.

5.20.1.2.1. Crime rates tend to be higher in

residential areas surrounding sexually oriented

businesses than in industrial areas surrounding

sexually oriented businesses;

5.20.1.2.2. Areas within close walking

distance of single and multiple family dwellings

should be free of sexually oriented businesses;

5.20.1.2.3. Sexually oriented businesses

should be located in specific areas of the Town

which are a specified distance from sensitive uses

such as residences, parks, religious institutions and

schools, irrespective of whether physical barriers are

present. This necessary to (1) ensure that the impact

on such sensitive uses by adverse secondary effects

caused by sexually oriented businesses are mitigated

to the maximum extent possible; (2) to prevent ad

hoc decisions with respect to a potential sexually

oriented business site which does not meet the

criteria set forth herein; and (3) to provide certainty

to the residents of the Town and sexually oriented

business operators with respect to potential adult use

sites.

5.20.1.2.4. The image of the Town as an

attractive place to reside will be adversely affected by

the presence of sexually oriented businesses in close

proximity to residential uses, schools, religious

institutions and parks;

5.20.1.2.5. The existence of sexually oriented

businesses in close proximity to residential areas has

been shown in some cities to reduce the property

values in those residential areas;

5.20.1.2.6. A reasonable regulation of the

location of sexually oriented businesses protects the

image of the community and its property values and

protects its residents from the adverse secondary

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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effects of sexually oriented businesses while

providing those who desire to patronize sexually

oriented businesses an opportunity to do so in

appropriate areas in the Town ; and

5.20.1.2.7. There is substantial evidence that

an increase in crime tends to accompany, concentrate

around, and be aggravated by sexually oriented

businesses, including but not limited to an increase in

the crimes of narcotics distribution and use,

prostitution, pandering, and violence against persons

and property. The studies from other cities establish

convincing evidence that sexually oriented businesses

which are not regulated as to permissible locations

often have a deleterious effect on nearby businesses

in residential areas, causing, among other adverse

secondary effects, an increase in crime and a decrease

in property values. Regulations for sexually oriented

businesses should be developed to prevent

deterioration and/or degradation of the vitality of the

community before the problem exists, rather that

waiting for problems to be created.

5.20.1.3. The Town Council recognizes and relies

on the findings set forth in the 1986 N.C. Attorney

General’s Report on Pornography in support of this

Ordinance including, but not limited to its

recommendations that local governments ban certain

features of video booths that facilitate carnal sexual

encounters.

5.20.1.4. The Town Council finds the following,

in part based upon its understanding of the

documents and judicial decisions in the public record:

5.20.1.4.1. Evidence indicates that some

dancers, models and other persons who publicly

perform specified sexual activities or publicly display

specified anatomical parts in sexually oriented

businesses (collectively referred to as “performers”)

have been found to engage in sexual activities with

patrons of sexually oriented businesses on the site of

the sexually oriented business;

5.20.1.4.2. Evidence has demonstrated that

performers employed by sexually oriented businesses

have been found to offer and provide private shows

to patrons who, for a price, are permitted to observe

and participate with the performers in live sex shows;

5.20.1.4.3. Evidence indicates that performers

at sexually oriented businesses have been found to

engage in acts of prostitution with patrons of the

establishment;

5.20.1.4.4. As a result of the above, and the

increase in incidents of AIDS and Hepatitis B, which

are both sexually transmitted diseases, the Town has

a substantial interest in adopting regulations which

will reduce, to the greatest extent possible, the

possibility for the occurrence of prostitution and

casual sex acts at sexually oriented businesses.

5.20.1.5. The Town Council has determined that

the establishment of a sexually oriented business

development permit process is a legitimate and

reasonable means of ensuring that:

5.20.1.5.1. Operators of sexually oriented

businesses comply with the reasonable regulations of

this Ordinance;

5.20.1.5.2. The recognized secondary impacts

of a proposed sexually oriented business in a specific

location are mitigated; and

5.20.1.5.3. Operators of sexually oriented

businesses have specific guidelines with respect to

where they can establish or operate a sexually

oriented business.

5.20.1.6. It is not the intent of the Town Council

in adopting this Ordinance to suppress any activities

protected by the First Amendment, but rather to enact

a content neutral ordinance which addresses the

secondary effects that sexually oriented businesses

have on the Town .

5.20.1.7. The Town Council desires to protect the

rights conferred by the United States Constitution to

sexually oriented businesses in a manner that ensures

the continued and orderly development of property

within the Town and diminishes those undesirable

negative secondary effects the previously mentioned

studies have shown to be associated with the

development and operation of sexually oriented

businesses.

5.20.1.8. The Town Council and Planning and

Zoning Board have held duly noticed public hearings,

to receive input and testimony from the public

concerning the adoption of this proposed Ordinance.

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5.20.1.9. These regulations are authorized by

NCGS § 160A-181.1.

5.20.2. DEFINITIONS.

The words, terms and phrases set forth herein shall

have the meanings prescribed below provided,

however, that any words, terms or phrases not

included below shall have the meanings prescribed

by Appendix A to this Ordinance.

Adult Bookstore - A bookstore (1) that receives a

majority of its gross income during any calendar

month from the sale of printed and/or video

materials/publications (including but not limited to

videocassettes, books, and magazines) which are

distinguished or characterized by their emphasis on

matter depicting, describing, or relating to specified

sexual activities or specified anatomical areas, as

defined in this section; or (2) having as a

preponderance of its of printed and/or video

materials/publications that are distinguished or

characterized by their emphasis on matter depicting,

describing, or relating to specified sexual activities or

specified anatomical areas, as defined in this section.

Adult Establishment - An adult bookstore, adult

motion picture theater, adult mini-motion picture

theater, adult live entertainment business, or massage

business as defined in this section.

Adult Live Entertainment Business - Any

establishment or business wherein adult live

entertainment is shown for observation by patrons; or

any performance of or involving the actual presence

of real people which exhibits specified sexual

activities or specified anatomical areas, as defined in

this section.

Adult Motion Picture Theater - An enclosed

building or premises used for presenting motion

pictures, a preponderance of which are distinguished

or characterized by an emphasis on matter depicting,

describing, or relating to specified sexual activities or

described anatomical areas, as defined in this section,

for observation by patrons therein. Adult motion

picture theater does not include any adult mini-

motion picture theater as defined in this section.

Adult Mini-Motion Picture Theater - An enclosed

building with viewing booths designed to hold

patrons which is used for presenting motion pictures,

a preponderance of which are distinguished or

characterized by an emphasis on matter depicting,

describing, or relating to specified sexual activities or

specified anatomical areas as defined in this section,

for observation by patrons therein.

Massage - The manipulation of body muscle or

tissue by rubbing, stroking, kneading, or tapping, by

hand or mechanical device.

Massage Business - Any establishment or business

wherein massage is practiced including

establishments commonly known as health clubs,

physical culture studios, massage studios, or massage

parlors. Massage Therapy offices shall be excluded

from these provisions provided the applicant is a

licensed therapist by the State of North Carolina.

Sexually Oriented Business – Any business or

enterprise that has as one of its principal business

purposes or as a significant portion of its business an

emphasis on matter and conduct depicting,

describing, or related to anatomical areas and sexual

activities as specified in NCGS § 14-202.10. A

“Sexually-Oriented Business” includes any Adult

Establishment as defined in this Section.

Sexually Oriented Devices - Without limitation any

artificial or simulated specified anatomical area or

other device or paraphernalia that is designed

principally for specified sexual activities but shall not

mean any contraceptive device.

Specified Anatomical Areas - Less than completely

and opaquely covered (1) human genitals, pubic

region, (2) buttock, or (3) female breast below a point

immediately above the top of the areola; or human

male genitals in a discernibly turgid state, even if

complete and opaquely covered.

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Specified Sexual Activities - Human genitals in a

state of sexual stimulation, or arousal; acts of human

masturbation, sexual intercourse or sodomy; or

fondling or other erotic touchings of human genitals,

pubic regions, buttocks, or female breasts.

5.20.3. APPLICABILITY.

The provisions of this Section apply to any Sexually-

Oriented Business/Adult Establishments. The use of

land for a sexually-oriented business or adult

establishment shall be permitted as set forth in Table

4.6-1 (see Article 4) subject to the criteria below.

5.20.4. LOCATIONAL STANDARDS.

5.20.4.1. No sexually-oriented business shall be

located within two thousand (2,000) feet of any other

sexually-oriented business.

5.20.4.2. No sexually-oriented business shall be

located within two thousand (2,000) feet of a school,

day care or adult day care center, public or private

recreation center, a church or a park used by the

public for recreational purposes.

5.20.4.3.No sexually-oriented business shall be

located within two thousand (2,000) feet of any

Residential Zoning District.

5.20.5. SIGNS AND DISPLAYS.

5.20.5.1. Signage shall be regulated in

accordance with Article 12, except that no sexually

oriented printed material, slide, video, photograph,

written text, live show, or other sexually oriented

visual display shall be visible from outside the walls

of the establishment, nor shall any live or recorded

voices, music or sounds be heard from outside the

walls of the establishment.

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5.21. WIRELESS TELECOMMUNICATIONS SERVICES.

5.21.1. PURPOSE.

The purpose of this Section 5.21 is to:

5.21.1.1. protect residential areas and land uses

from potential adverse impacts of towers and

antennas;

5.21.1.2. encourage the location of towers in non-

residential and less developed areas;

5.21.1.3. strongly encourage joint use of new and

existing tower sites as a primary option rather than

construction of additional single-use towers;

5.21.1.4. encourage users of towers and antennas

to locate them, to the extent possible, in areas where

the adverse impact on the community is minimal;

5.21.1.5. encourage users of towers and antennas

to configure them in a way that minimizes the

adverse visual impact of the towers and antennas

through careful design, siting, landscape screening,

and innovative camouflaging techniques;

5.21.1.6. enhance the ability of the providers of

telecommunications services to provide such services

to the community quickly, effectively, and

efficiently;

5.21.1.7. consider the public’s health and safety

in regard to communication towers; and

5.21.1.8. avoid potential damage to adjacent

properties from tower failure through engineering

and careful siting of tower structures.

5.21.2. DEFINITIONS.

The words, terms and phrases shall have the

meanings assigned below provided, however, that

any words, terms or phrases not defined herein shall

have the meaning assigned in Appendix A to this

Ordinance:

ACCESSORY EQUIPMENT STRUCTURE. A

building or cabinet-like structure located adjacent to,

or in the immediate vicinity of, a wireless

telecommunication tower or antenna to house

equipment customarily incidental to the receiving or

transmitting of wireless broadcasts, cellular telephone

calls, voice messaging and paging services.

ALTERNATIVE TOWER STRUCTURE - Man-

made trees, clock towers, bell steeples, light poles

and similar alternative-design mounting structures

that camouflage or conceal the presence of antennas

or towers.

ANTENNA. Equipment used for transmitting or

receiving radio frequency signals, which is attached

to a tower, building or other structure, usually

consisting of a series of directional panels,

microwave or satellite dishes, or omnidirectional

“whip” antenna.

ANTENNA, STEALTH. Wireless

telecommunication antenna and related equipment

designed to blend into the surrounding environment

or integrated into the physical structure to which it is

attached.

BASE TRANSCEIVER STATION. Equipment that

provides the link between wireless communications

and land-based public telephone switching networks,

including radio frequency transceivers, back-up

power sources, power amplifiers, and signal

processing hardware, typically contained in a small

building or cabinet.

COMMUNICATIONS TOWER. A tower, which

supports communication (broadcast, receiving, or

relay) equipment, utilized by commercial,

government or other public and quasi-public users.

This does not include private home use of satellite

dishes and television antennas or amateur radio

operators as licensed by the Federal Communications

Commission (FCC).

SATELLITE DISH ANTENNAE OR SATELLITE

DISH. A parabolic antennae designed to receive

electromagnetic transmissions from a satellite.

TOWER. Any ground-mounted, pole, spire,

structure or combination thereof, including

supporting lines, cables, wires, braces and masts, to

which a telecommunications antenna is attached or

affixed.

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TOWER, LATTICE. Three- or -four-legged steel

girded structures typically supporting multiple

communications users and services generally ranging

from 60 to 200 feet in height.

TOWER, MONOPOLE. Single pole design,

approximately three feet in diameter at the base

narrowing to approximately one and a half feet at the

top, generally ranging from 25 to 150 feet in height.

WIRELESS TELECOMMUNICATION SERVICES

(WTS). Licensed or unlicensed wireless

telecommunication services including cellular, digital

cellular, personal communication services (PCS),

specialized mobile radio (SMR), enhanced

specialized mobile radio (ESMR), commercial or

private paging services, or similar services marketed

or provided to the general public. This definition

does not include services b non-commercial entities

in the amateur radio service, public safety radio

service, or licenses assigned non-profit organizations

such as the Red Cross, Civil Air Patrol, or other

military affiliated radio services that are licenses by

the Federal Communications Commissions.

5.21.3. APPLICABILITY.

The provisions of section 5.21 apply to any new

Wireless Telecommunications Tower or Antenna,

except as provided below. The use of land for

wireless telecommunication service antenna or tower

shall be permitted as set forth in Table 4.6-1 (see

Article 4) subject to the criteria below.

5.21.4. GENERAL GUIDELINES and

REQUIREMENTS.

5.21.4.1. PRINCIPAL OR ACCESSORY USE.

Antennas and towers may be considered either

principal or accessory uses. A different existing use

or an existing structure on the same lot shall not

preclude the installation of an antenna or tower on

such lot.

5.21.4.2. LOT SIZE. In the event that a tower or

antenna is installed and/or leased on a portion of a

lot, the lot in its entirety will determine any and all

district development regulations that the structure

may be subjected to; including but not limited to:

setback, lot-coverage, and other such requirements.

5.21.4.3. INVENTORY OF EXISTING SITES.

Each applicant for an antenna and/or tower shall

provide to the Administrator with an inventory of its

existing towers, antennas, or sites approved for

towers or antennas, that are either within the

jurisdiction of the City, Cabarrus County, the City of

Kannapolis, or the Towns of Harrisburg and Mt.

Pleasant. Said information shall include specific

information about the location, height, and design of

each tower. Each applicant shall also provide a one-

year build out plan for all other proposed wireless

communications facilities within the Town . The

Administrator may share such information with other

applicants applying for administrative approvals or

conditional use permits under this Ordinance or with

other organizations seeking to locate antennas within

the jurisdiction of this Ordinance provided, however

that the Administrator is not, by sharing such

information, in any way representing or warranting

that such sites are available or suitable.

5.21.4.4. AESTHETICS.

5.21.4.4.1. Towers shall either maintain a

galvanized steel finish or be painted a neutral color so

as to reduce visual obtrusiveness.

5.21.4.4.2. The design of the buildings and

related structures shall, to the extent possible, use

materials, colors, textures, screening, and landscaping

that will blend them into the natural setting and

surrounding buildings located adjacent to the tower

or antenna site.

5.21.4.4.3. If an antenna is installed on a

structure other than a tower, the antenna and

supporting electrical and mechanical equipment must

be of a neutral color that is identical to, or closely

compatible with, the color of the supporting structure.

This is in order to make the antenna, and related

equipment, as visually unobtrusive as possible.

5.21.4.5. LIGHTS. No tower or antenna shall

have affixed or attached to it in any way except

during time of repair or installation, any lights,

reflectors, flashers, day-time strobes or steady night

time light or other illumination devices, except as

required by the FAA, FCC, or the Town . This

restriction against lights shall not apply to towers

which have been combined with light standards for

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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illumination of ball fields, parking lots, playgrounds,

or other similar public uses. If lighting is required,

the lighting sources and design shall be designed to

create the minimum practicable penetration of areas

outside the boundaries of the Lot or Parcel.

5.21.4.6. STATE OR FEDERAL

REQUIREMENTS. All towers and antennas must

meet or exceed current standards and regulations of

the FAA, the FCC, and any other state or federal

government agency with the authority to regulate

towers and antennas. If such standards and

regulations are changed, then the owners of the

towers and antennas governed by this chapter shall

bring such towers and antennas into compliance with

the revised standards and regulations within six (6)

months of the effective date of such standards and

regulations, unless a different compliance schedule is

mandated by the controlling state or federal agency.

Failure to bring towers and antennas into compliance

with such revised standards and regulations shall

constitute grounds for the removal of the tower or

antenna at the owner's expense.

5.21.4.7. BUILDING CODES; SAFETY

STANDARDS. To ensure the structural integrity of

towers and antennas, the owners of such facilities

shall ensure that they are maintained in compliance

applicable with standards contained in the State

Building Code.

5.21.4.8. FALL ZONE. No tower or antenna

shall be designed and/or sited such that it poses a

potential hazard to nearby residences or surrounding

properties or improvements. To this end, any tower

or antenna, not located a distance equal to the height

of the tower plus 50 feet away from all habitable

structures, property lines, or other towers, shall be

designed to withstand the maximum forces expected

from wind and ice when the tower is fully loaded

with antennas, transmitters and other equipment.

Compliance with this requirement shall be certified

by a professional engineer licensed by the State of

North Carolina in a report describing the tower

structure, specifying the number and type of antennas

it is designed to accommodate, providing the basis

for the calculations done, and documenting the actual

calculations performed.

5.21.4.9. ESSENTIAL SERVICES. Wireless

telecommunications towers and antennas shall be

regulated and permitted pursuant to this chapter and

shall not be regulated or permitted as essential

services, public utilities, or private utilities.

5.21.4.10. SIGNS. Signs on a tower, or on any

portion of the premises leased for wireless

communication use, shall be limited to those needed

to identify the property and the owner and to warn of

any danger. Signs which advertise for commercial

purposes are prohibited. All signs shall comply with

the requirements of the Sign Regulations of this

Ordinance.

5.21.5. PERMIT REQUIREMENTS.

5.21.5.1. No wireless telecommunications tower

or anntenna shall be erected or established unless and

until a Zoning Clearance permit has been issued

pursuant to § 3.2.6 of this Ordinance.

5.21.5.2. A Stealth Antennae which does not

exceed sixty-five (65) feet in height is permitted as of

right, notwithstanding any provisions of the Use

Matrix which requires a Conditional Use Permit.

This provision does not permit antennas in any

zoning district where they are expressly prohibited by

the Use Matrix.

5.21.5.3. In addition to the procedures, standards

and criteria set forth in § 3.5 of this Ordinance,

conditional use permits for towers and antennas shall

be issued in accordance with the following

provisions:

5.21.5.3.1. Towers or antennas sixty-five (65)

feet or more from the average ground level shall

require a conditional use permit. This applies to

mounted antennas, referring to the total height from

the base of the building or other structure to the top

of the antenna.

5.21.5.3.2. Any information of an engineering

nature that the applicant submits, whether civil,

mechanical, or electrical, shall be certified by a

professional engineer licensed in the State of North

Carolina.

5.21.5.4. INFORMATION REQUIRED. In

addition to any other information required pursuant to

§ 3.5 of this Ordinance, applications for conditional

use permits for towers shall include the following

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information:

5.21.5.4.1. A preliminary major site plan

consistent with Appendix B of this Ordinance which

clearly indicates the location, type, and height of the

proposed tower; on-site land uses and zoning;

adjacent land uses and zoning (including when

adjacent to other zoning jurisdictions); adjacent

roadways; proposed means of access; setbacks from

property lines elevation drawings of the proposed

tower and any other structures; and other information

deemed by the Administrator to be necessary to

assess compliance with this Section.

5.21.5.4.2. The setback distance between the

proposed tower and the nearest residential unit and

residentially zoned properties.

5.21.5.4.3. The availability of suitable existing

towers, other structures, or alternative technology.

5.21.5.4.4. The separation distance from other

towers pursuant to Table 5.21-1 shall be shown on an

updated site plan or map. The applicant shall also

identify the type of construction of the existing

tower(s) and the owner/operator of the existing

tower(s), if known.

5.21.5.4.5. Method of fencing and finished

color and, if applicable, the method of camouflage

and illumination.

5.21.5.4.6. A notarized statement by the

applicant as to whether construction of the tower will

accommodate co-location of additional antennas for

future users.

5.21.5.4.7. A description of the suitability of

the use of existing towers, other structures or

alternative technology not requiring the use of towers

or structures to provide the services to be provided

through the use of the proposed new tower.

5.21.5.4.8. A description of the feasible

alternative location(s) of future towers or antennas

within the Town based upon existing physical,

engineering, technological or geographical

limitations in the event the proposed tower is erected.

5.21.5.4.9. A statement of compliance with the

FCC Radio Frequency (RF) exposure standards.

5.21.6. APPROVAL CRITERIA

5.21.6.1. LOCATION. All non-stealth and

stealth towers and mounted antennas are permitted by

right or as a conditional use as listed in Table 4.6-1 in

§ 4.6.

5.21.6.2. FACTORS CONSIDERED IN

GRANTING CONDITIONAL USE PERMITS FOR

TOWERS. In determining whether to issue a

conditional use permit, the Board of Adjustments

shall consider, in addition to any other standards in

this Ordinance governing conditional use permits, the

following factors:

5.21.6.2.1. Height of the proposed tower;

5.21.6.2.2. Proximity of the tower to

residential structures and residentially zoned district

boundaries;

5.21.6.2.3. Nature of uses on adjacent and

nearby properties;

5.21.6.2.4. Surrounding topography;

5.21.6.2.5. Surrounding tree coverage and

vegetation;

5.21.6.2.6. Design of the tower, with particular

reference to design characteristics that reduce or

eliminate visual obtrusiveness;

5.21.6.2.7. Proposed ingress and egress; and

5.21.6.2.8. Availability of suitable existing

towers, other structures, or alternative technologies

not requiring the use of towers or structures, as

discussed in § 5.21.6.2.3 of this Ordinance.

5.21.6.3. AVAILABILITY OF SUITABLE

EXISTING TOWERS, OTHER STRUCTURES, OR

ALTERNATIVE TECHNOLOGY. No new tower

shall be permitted unless the applicant demonstrates

to the reasonable satisfaction of the Administrator, or

Board of Adjustment (if conditional use permit is

required), that no existing tower, structure or

alternative technology, that does not require the use

of towers or structures, can accommodate the

applicant's proposed tower or antenna. Evidence

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submitted to demonstrate that no existing tower,

structure or alternative technology can accommodate

the applicant's proposed tower or antenna may consist

of any or all of the following:

5.21.6.3.1. No existing towers or structures are

located within the geographic area which meet

applicant's engineering requirements.

5.21.6.3.2. Existing towers or structures are

not of sufficient height to meet applicant's

engineering requirements.

5.21.6.3.3. Existing towers or structures do not

have sufficient structural strength to support

applicant's proposed antenna and related equipment.

5.21.6.3.4. The applicant's proposed antenna

would cause electromagnetic interference with the

antenna on the existing towers or structures, or the

antenna on the existing towers or structures would

cause interference with the applicant's proposed

antenna.

5.21.6.3.5. The fees, costs, or contractual

provisions required by the owner in order to share an

existing tower or structure or to adapt an existing

tower or structure for sharing are unreasonable.

Costs required by the owner of existing tower or

structure that exceed new tower development are

presumed to be unreasonable.

5.21.6.3.6. The applicant demonstrates that

there are other limiting factors that render existing

towers and structures unsuitable.

5.21.6.3.7. The applicant demonstrates that

alternative technologies, such as a cable microcell

network using multiple low-powered

transmitters/receivers attached to a wireline system,

that does not require the use of towers or structures,

are unsuitable. Costs of alternative technology that

exceed new tower or antenna development shall not

be presumed to render the technology unsuitable.

5.21.6.3.8. SEPARATION. Towers shall be

separated a distance, as measured from the base,

equal to at least the minimum standards established

in Table 5.21-2 from any preexisting towers. The

separation distances shall be measured by drawing or

following a straight line between the base of the

preexisting tower and the base location, pursuant to a

site plan, of the proposed tower.

5.21.6.3.9. SECURITY FENCING. Towers

shall be enclosed by security fencing not less than six

(6) feet in height and no more than eight (8) feet in

height, constructed of block or masonry or wood

material, and shall be equipped in such a manner as

to deter climbing.

5.21.6.3.10. LANDSCAPING.

Tower facilities shall be landscaped with a buffer of

plant materials that effectively screens the view of

the tower compound from adjacent residential

property. The standard buffer shall consist of a

landscaped strip at least four (4) feet wide outside the

perimeter of the compound. Plant materials forming

the visual buffer may be existing on the subject

property or installed as part of the proposed facility,

but existing mature plant growth and natural land

forms on the site shall be preserved to the maximum

extent possible. The Administrtor may waive these

requirements in locations where the view of the tower

base is obstructed by existing buildings or natural

topography and cannot be viewed from adjacent

property or a public street.

5.21.7. BUILDINGS OR OTHER EQUIPMENT

STORAGE.

5.21.7.1. ACCESSORY EQUIPMENT

STRUCTURES. The equipment cabinets and other

support structures used in association with towers or

antennas shall comply with the following provisions:

5.21.7.1.1. Equipment cabinets and/or other

structures shall comply with all applicable building

codes.

5.21.7.1.2. Guys and accessory buildings shall

satisfy the minimum zoning district setback

requirements.

5.21.7.2. LOCATION OF ACCESSORY

EQUIPMENT STRUCTURES.

5.21.7.2.1. Equipment cabinets and/or

structures shall be no greater than fourteen (14) feet

in height or three hundred (300) square feet in gross

floor area. The entry or access side of a cabinet

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and/or structure shall be gated by a solid, sight-

obscuring gate that is separate from the cabinet

and/or structure. Such access way shall not face

residentially zoned property.

5.21.8. CO-LOCATION.

5.21.8.1. GOOD FAITH. Applicants and

permittee shall make a good faith effort to share

wireless communication structures, facilities and sites

where feasible and appropriate. Good faith effort

shall include sharing technical information necessary

to determine if co-location is feasible under the

design configuration most accommodating to co-

location, and may include negotiations for erection of

a replacement support structure to accommodate co-

location. A competitive conflict to co-location or

financial burden caused by sharing such information

normally will not be considered as an exception to

the duty of good faith.

5.21.8.2. THIRD PARTY TECHNICAL

REVIEW. In the event a dispute arises as to whether

a permittee has exercised good faith in

accommodating other users, the Administrator may

require the applicant to obtain a third party technical

study at the applicants expense. the Administrator

may review any information submitted by the

applicant and permittee(s) in determining whether

good faith has been exercised.

5.21.8.3. EXCEPTIONS. No co-location may be

required where the shared use would or does result in

significant interference with the broadcast or

reception capabilities of the existing wireless

communication facilities or the failure of the facilities

to meet federal standards for emissions.

5.21.8.4. VIOLATION; PENALTY. Failure to

comply with co-location requirements may result in

denial of a permit request or revocation of an existing

permit.

5.21.9. REMOVAL OF ABANDONED

ANTENNAS AND TOWERS.

5.21.9.1. Any antenna or tower that is not

operated for a continuous period of one (1) year shall

be considered abandoned, and the owner of such

facility shall remove the antenna or tower within

ninety (90) days of receipt of notice from the Board

of Adjustment notifying the owner of such

abandonment. If there are two or more users of a

single tower or antenna, then this provision shall not

become effective until all users cease using the tower

or antenna for the prescribed period. “Physically

remove” shall include, but not be limited to:

5.21.9.1.1. Removal of antennas, mount,

equipment shelters and security barriers from the

subject property.

5.21.9.1.2. Proper disposal of the waste

materials from the site in accordance with local and

state solid waste disposal regulations.

5.21.9.1.3. Restoring the location of the

facility to its natural condition, except that any

landscaping and grading shall remain in the after

condition.

5.21.9.2. AUTHORITY TO REMOVE

5.21.9.3. REQUIRE BOND. A performance

bond shall be set for 1.25 times the estimated cost of

removal of all towers, antennas, and accessory

equipment structures that are approved. The

performance bond shall be filed prior to issuance of a

zoning clearance. This amount will be determined by

a removal company and certified by a North Carolina

Licensed Engineer. For every year following

approval, the bond shall increase by an inflation

factor based upon the Consumer Price Index (CPI)

Index.

5.21.10. NONCONFORMING USES.

5.21.10.1. NO EXPANSION OF

NONCONFORMING USE. Towers that are

constructed, and antennas that are installed, in

accordance with the provisions of this chapter shall

not be deemed to constitute the expansion of a

nonconforming use or structure.

5.21.10.2. PREEXISTING TOWERS. Preexisting

towers constructed prior to the adoption of this

Ordinance shall be allowed to continue their usage as

they presently exist. Routine maintenance (including

replacement with a new tower of like construction

and height) shall be permitted on such preexisting

towers. New construction other than routine

maintenance on a preexisting tower shall comply

with the requirements of this chapter.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.21.10.3. REBUILDING DAMAGED OR

DESTROYED NONCONFORMING TOWERS OR

ANTENNAS. Notwithstanding this Section, bona

fide nonconforming towers or antennas that are

damaged or destroyed by weather events or other

non-manmade causes to conform to the requirements

of this Ordinance provided the type, height, and

location of the tower onsite shall be of the same type

and intensity as the original facility; provided,

however, that any destroyed lattice or guyed tower

shall be replaced with a monopole structure only. If

no permit is obtained or if said permit expires, the

tower or antenna shall be deemed abandoned.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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Table 5.21-1

Separation Requirements from Offsite Uses/Areas

Single-family or duplex residential units [1]

200 feet or 300% of tower height, whichever is greater

Vacant single-family or duplex residentially zoned

land which is either platted or has preliminary plat

approval which is not expired [2]

Vacant unplatted residentially zoned land [3]

100 feet or 100% of tower height, whichever is greater

Existing multi-family residential units greater than

duplex units

Non-residentially zoned lands or non-residential uses

None, only setbacks apply

[1] Includes modular homes and mobile homes used for living purposes.

[2] Separation measured from base of tower to closest building setback line.

[3] Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid

development plan and any multi-family residentially zoned land greater than a duplex.

Table 5.21-2

Separation Distances Between Towers

Monopole 65 ft. in height or

greater

Monopole less than 65 ft. in height

Monopole 65 feet in height or

greater

1,500 feet

750 feet

Monopole less than 65 feet in

height

750 feet

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.22. TEMPORARY USES.

5.22.1. PURPOSE

The Temporary Use Permit is a mechanism to allow a

use on a short-term basis and certain seasonal or

transient uses not otherwise allowed. Prior to

conducting or establishing a temporary use or

structure, approval of a Temporary Use Permit by the

Planning Department is required pursuant to Section

3.2 of this Ordinance.

5.22.2. APPROVAL CRITERIA.

All temporary uses listed in this Section require a

Temporary Use Permit. The Administrator shall not

approve or modify and approve an application for a

Temporary Use Permit unless the following criteria,

specific regulations and time limitations are met in

addition to criteria for any particular temporary use

as specified in sections 5.22.3 through 5.22.6 below.

5.22.2.1. COMPATIBILITY WITH/EFFECT

ON SURROUNDING AREA. The allowance of

such use shall not be detrimental to the public health,

safety and general welfare, and the use shall be

consistent with the purpose and intent of this

Ordinance and the specific zoning district in which it

will be located; and the use is compatible in intensity,

characteristics and appearance with existing land uses

in the immediate vicinity of the temporary use, and

the use, value and qualities of the neighborhood

surrounding the temporary use will not be adversely

affected by the use or activities associated with it. In

addition to those listed herein, factors such as

location, noise, odor, light, dust control and hours of

operation shall be considered.

5.22.2.2. LOCATION (PERMISSION

REQUIRED). The use shall not be on publicly or

privately owned property unless the applicant first

obtains written approval from the owner.

5.22.2.3. TRAFFIC. The location of the

temporary use or structure shall be such that adverse

effects on surrounding properties will be minimal,

particularly regarding any type of traffic generated or

impacted by the temporary use or structure and

impact upon traffic circulation in the area.

5.22.2.4. PARKING AND ACCESS. Adequate

off-street parking shall be provided to serve the use.

The use shall not displace the required off-street

parking spaces or loading areas of the principal

permitted uses on the site. The entrance and exit

drives shall be designed to prevent traffic hazards and

nuisances.

5.22.2.5. PROPERTY LINE SETBACKS.

Structures and/or display of merchandise shall

comply with the yard and property line setback

requirements of the zone district within which it is

located. The items shall be displayed so as not to

interfere with the sight triangle of the intersection of

the curb line of any two streets or a driveway and a

street. In no case shall items be displayed, or

business conducted within the public right-of-way,

except that this section shall not apply to the CC

district.

5.22.2.6. SIGNS. Signage for temporary uses

shall be permitted only within the time frame for

which the temporary use is permitted. See Article 12

for specific standards for signs.

5.22.2.7. NUMBER PER PARCEL. Only one

Temporary Use Permit shall be permitted for a single

parcel of land at any given time.

5.22.2.8. PERIOD OF TIME BETWEEN

PERMITS. The period of time an expired

Temporary Use Permit on a parcel and application

for another Temporary Use Permit on that parcel

shall be at least three (3) months. This restriction

shall not apply to real estate development and

constructed related temporary uses as set forth in

section 5.22.4.

5.22.3. TEMPORARY RETAIL SALES USES.

5.22.3.1. FIREWORKS STANDS. Limited to

only non-residential zones for a period of time not to

exceed 45 days. A maximum of one (1) structure,

not to exceed 120 square feet in area, shall be

allowed. The structure must be portable and

completely removed at the end of the permit period.

Any sales of fireworks shall be regulated in

accordance with NCGS 14-410 and 14-414 and NC

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Fire Code (2002 Edition) Section 3308.11.

5.22.3.2. SEASONAL SALE OF

AGRICULTURAL PRODUCTS (including

Christmas Trees). Temporary Use Permits are

required for all Roadside Stands in non-residential

zoning districts. Such sales are limited to a period of

time not to exceed four (4) consecutive months per

calendar year. A maximum of one (1)

building/display booth shall be allowed and may

cover a maximum of 400 square feet. The structure

must be portable and completely removed at the end

of the period.

5.22.3.3. SIDEWALK VENDORS. The sale of

food, beverages, or merchandise from a stand or

motor vehicle, or from a person may be allowed in

the C-1 or C-2 zoning districts, and shall be limited to

a period not to exceed ninety (90) continuous days

per calendar year in a given location. Even if at any

time the vendor does not occupy the permitted site,

the 90-day limit shall not be extended.

5.22.4. REAL ESTATE DEVELOPMENT AND

CONSTRUCTION-RELATED TEMPORARY

USES.

5.22.4.1. CONTRACTORS OFFICE AND

EQUIPMENT/STORAGE SHEDS. Accessory to a

Construction Project (Residential or Non-

Residential). Placement of such a temporary use is

limited to a period of time determined by an

estimated project completion date with the option of

an extension of up to one year as and if approved by

the Administrator. A construction trailer may be

used for a contractor's office or for the contractor's

storage of equipment or materials. All temporary

buildings and trailers shall be completely removed

from the site within thirty (30) days of issuance of a

Certificate of Occupancy or completion of the

construction project, whichever occurs first.

5.22.4.2. REAL ESTATE OFFICE IN A

CONSTRUCTION TRAILER OR TEMPORARY

MODULAR UNIT. Temporary structures, such a

construction trailers or temporary modular units may

be used as real estate sales offices in any new

residential construction project for the sale of units

within that project only. Such a temporary use may

be allowed in all zoning districts. In the event that

multiple builders are involved in a new construction

project, one construction trailer or temporary modular

unit may be permitted (as a sales office) per builder.

Each individual trailer or modular unit shall be

located on an individual lot. In no case shall multiple

permits be issued for the same Parcel Identification

Number (PIN). The permit shall be valid until the

project is completed or for a period of 2 years from

the time of the recording of the most recent final plat.

All temporary structures shall be removed within 30

days of the completion of the project.

5.22.4.3. REAL ESTATE OFFICE IN A

MODEL HOME. Accessory to Construction of a

New Residential Development. Limited to a period

of time not to exceed one year with the option of an

extension of up to one year as and if approved by the

Administrator. The number of employees utilizing

the office at any one time may not exceed five (5). A

real estate office may not contain sleeping or cooking

accommodations unless located in a model dwelling.

5.22.4.4. SINGLE FAMILY DWELLING IN

TEMPORARY STRUCTURE. During the active

construction period (after a building or grading

permit has been issued) of a construction project

involving a non-residential use or a residential

development with building permit(s) for more than

50 units at any one time, one (1) mobile home or

trailer may be allowed on the same property to be

used as a temporary residence by a night watchman

for a period not to exceed 12 months or the active

construction period, whichever is less. The

temporary home shall be removed from the site

within 14 days of issuance of the Certificate of

Zoning Compliance for a non-residential structure or

the first residential unit if within a residential

development.

5.22.4.5. NO RECREATIONAL VEHICLES.

No Recreational Vehicles shall be permitted as a

Temporary Use or Structure.

5.22.4.6. TEMPORARY RESIDENCE IN

MOBILE HOME DURING CONSTRUCTION OF

NEW HOME. In the event that a new single-family

home is being constructed on a parcel where a mobile

home currently exists, the mobile home may remain

for the duration of the building process for the new

home. Said mobile home shall be removed within 30

days of the date of the last final inspection, as

required by North Carolina Building Codes and/or

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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any other applicable codes. Said inspections include,

but are not limited to: final building, electric,

plumbing and/or mechanical inspections for

occupancy of the structure. (See 4.7.2.2)

5.22.5. AMUSEMENT ENTERPRISES.

Carnivals, circuses, fairs, and amusement rides may

be allowed in any non-residential zoning district for a

period not to exceed twenty-one (21) days within any

calendar quarter. This classification excludes events

conducted in a permanent entertainment facility.

5.22.6. RELIGIOUS EVENTS.

Religious events in a tent or other temporary

structure may be allowed in any non-residential

zoning district for a period not to exceed sixty (60)

days.

5.22.7. PROMOTIONAL ACTIVITIES IN

BUSINESS AND COMMERCIAL ZONES

INVOLVING THE DISPLAY OF GOODS AND

MERCHANDISE.

Such activities may be conducted outside for a period

of not more than seven (7) consecutive days. If the

private sidewalk or pedestrian way in front of the

building is used for display of merchandise, a

minimum width of four (4) feet must remain

unobstructed for pedestrian use. A Temporary Use

Permit for promotional activities may be renewed

twice during any calendar year, for a maximum of 21

days per calendar year.

5.22.8. SPECIAL EVENTS AND ACTIVITIES.

Special events and activities conducted on public

property such as school sites and public parks shall

be exempt from the provisions of this Section of the

Ordinance but must comply with any guidelines,

regulations and permitting process required by the

authorizing agency (e.g. School District or a Parks

and Recreation Department).

5.22.9. SIMILAR AND COMPATIBLE USES

NOT SPECIFIED.

If a particular temporary use is not listed in the

Ordinance, the Administrator shall have the authority

to grant a temporary use permit for a “similar and

compatible use”. Similar and compatible uses not

specified are those uses which are similar and

compatible to those allowed as temporary uses in this

Section. Determination of what constitutes similar

and compatible shall be made by the Administrator.

In such instances, the applicant shall provide the

following information such as type of use; number of

employees; parking/circulation needs/hours of

operation; and duration of operation. If the

Administrator determines that the use is not similar

and compatible, the applicant may appeal the

decision to the Planning and Zoning Board of

Adjustment in accordance with Sect. 3.7 of this

Ordinance.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.23 MANUFACTURED/MODULAR HOME AND STORAGE

BUILDING SALES

5.23.1 APPLICABILITY.

The provisions of this Section shall apply to any tract

of land designed for the display and sale of bulky

items including manufactured homes, modular

homes, and/or enclosed storage (accessory) buildings

and boats.

5.23.2 CRITERIA.

5.23.2.1 Site Plan Requirements. In addition to the

site plan requirements found elsewhere in this

ordinance, the site plan shall define display areas,

storage and repair areas, office, and parking areas,

landscaping materials, and materials used to obstruct

off-site views. Other accessory uses (such as sales of

items not described in this Section) may not locate on

the site unless the use has been designated on the site

plan. In the case of manufactured and modular home

sales, the number of home display pads shall be noted

on the plan.

5.23.2.2 Setbacks. All display pads shall be located

at least thirty (30) feet from any property line or

public street right of way line. Setbacks for

permanent structures such as an office shall be

located in accordance with the underlying district.

5.23.2.3 Type of Manufactured Home. All

manufactured homes displayed for sale (not in

screened storage or repair areas) shall conform to all

Federal Manufactured Home Construction and Safety

Standards and/or building requirements and/or codes

for Manufactured Homes and bear the required

United States Department of Housing and Urban

Development (HUD) tag and/or data plate.

5.23.2.4 Required Paving. All travel lanes, access

lanes, areas, sidewalks, and parking spaces shall be

paved. Storage, repair areas, and display pads for all

model manufactured or modular homes and storage

buildings may be gravel.

5.23.2.5 Storage and Repair Areas. Storage and

repair activities shall be completely screened from

off-site views. Homes or buildings not for immediate

sale, or replacement or discarded parts and

accessories shall also be screened from off-site

views.

5.23.2.6 Sidewalks. Four (4) foot wide sidewalks

shall be constructed throughout the site so as to

provide complete pedestrian connections from the

parking area to each displayed item (pad) and the

office.

5.23.2.7 Signs. Signs shall conform to the sign

regulations of the zoning district in which the use is

located. In addition, each display item may have a

sign not to exceed three square feet in area which

gives information about the item.

5.23.2.8 Display Pads. All manufactured or modular

homes and storage buildings shall be located on a

pre-determined display pad (shown on the site plan)

equaling no more than 120% of the structure’s

footprint. Display pads may be gravel.

5.23.2.9 Manufactured or Modular Home Display

Areas. A minimum separation of at least ten (10) feet

shall be maintained between display pads. Display

homes shall be level and blocked. Display homes

which are visible off-site shall be provided with some

type of material (skirting, low fence or landscaping)

around the base which will prevent open views

underneath the manufactured home. Access to the

display homes shall be through a stairway or other

means that has a permanent appearance.

5.23.2.10 Storage Building Display Areas. A

minimum separation of at least five (5) feet shall be

maintained between display pads.

5.23.2.11 Landscaping Requirements. In

addition to the landscaping requirements found

elsewhere in this Ordinance, the display area for

manufactured and modular home sales shall include

the installation of one ornamental tree or shade tree,

two medium shrubs and six small shrubs per display

pad. The location of the plantings shall be

determined by the Administrator but the intention is

to provide each space with a permanent, residential

appearance. Portions of any display area not

included in individual display pads shall be grassed

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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or mulched and suitably landscaped. No display area

may be entirely paved.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.24 SINGLE FAMILY DETACHED DWELLING UNITS IN THE

AG, I-1 AND I-2 ZONES.

5.24.1 APPLICABILITY.

The provisions of this Section shall apply to any tract

of land to be developed for single-family detached

residential (as permitted in Table 4.6-1) within an AG

zone, I-1 or I-2 zoning districts.

5.24.2 CRITERIA.

5.24.2.1 Dwelling unit shall be limited to a site built

or manufactured housing that complies with NC State

Building Code (modular unit).

5.24.2.3 No more than two additional homes may be

added to parcels less than 10 acres in size. Parcels

greater than 10 acres may not exceed one dwelling

unit per 5 acres.

5.24.2.3 Applicant must prove that property qualifies

as a bona fide farm and that the individual(s) who

will live in the home derive some portion of their

income from the farm.

5.24.2.5 Dwelling unit shall provide a Buffer yard in

accordance with Article 7 to provide a screen from

adjacent non-residential uses.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.25 RESIDENTIAL SUBDIVISIONS IN THE AG ZONE.

5.25.1 APPLICABILITY.

The provisions of this Section shall apply to any tract

of land to be subdivided for the purpose of residential

development within an AG zone.

5.25.2 PURPOSE.

The purpose of this section is to continue the adopted

policy of the "Rimer Community Overlay District"

throughout the AG zoning district, as adopted by

Cabarrus County. Rural Subdivisions shall be

considered the division of any parcel of record at the

adoption date of this ordinance into 5 or more lots.

5.25.3 APPROVAL CRITERIA.

Rural subdivisions shall adhere to the following

conditions:

 Lot size and Density - Lots within rural

subdivisions shall meet the minimum lot

standards for the AG district as outlined in Table

4.7-1;

 Each parcel of record shall not exceed a density

of one lot per acre for the first ten acres of

property and one lot per four acres for additional

acreage above ten acres.

5.25.3.1 Access. Lots within Rural Subdivisions

exceeding five lots shall not be permitted direct

access to State maintained roads. A new interior road

that meets the standards of this ordinance shall be

constructed for access to these lots. Divisions of

thirty lots or greater must include the construction of

a left turn lane at the access point(s) that meets the

standards of the NC Department of Transportation.

This provision shall in no way substitute for or lessen

any additional requirements of NCDOT made as part

of a required driveway permit.

5.25.3.2 Orientation. All lots within rural

subdivisions must have the front yard oriented to the

interior access road.

5.25.3.3 Buffer. New rural subdivisions must be

buffered from surrounding properties. The required

buffer must meet the standards of Bufferyard Type A

as outlined in Article 7.4 of this ordinance.

5.25.3.4 Tree Retention. Rural Subdivisions must

include an effort to retain mature trees. Existing trees

of 12 inch diameter at breast height (dbh) or greater

must be identified and shall not be removed except

when buildings, roads or required utilities are to be

constructed.

5.25.4 APPEALS AND EXCEPTIONS.

Where a person or persons proposing a rural

subdivision feels that they are not able to meet the

provisions of this supplemental use section they may

appeal to the Board of Adjustment. The Board of

Adjustment shall review the appeal as they would a

variance and follow all applicable procedures.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.26 RECEPTION FACILITIES.

5.26.1 LOCATION.

Reception Facilities shall only be established in

accordance with Table 4.6-1 (see Article 4) subject to

the following location limitation:

5.26.1.1 a minimum lot size of five acres and;

5.26.1.2 on a parcel with frontage on a major or

minor thoroughfare.

5.26.2 STRUCTURE.

A residential structure that is used for a reception

facility shall not be altered in any way that changes

its general residential appearance.

5.26.3 APPROVAL CRITERIA.

5.26.3.1 Off-Street Parking. Two parking spaces for

owner/operator, plus one for every four seats. Parking

must be temporary parking on grass and/or driveway.

No on-street parking is permitted.

5.26.3.2 Room Rental. No long-term rental of rooms

shall be permitted. The maximum length of stay shall

be thirty (30) days.

5.26.3.3 Guest Rooms. All guestrooms shall be

located within the principal structure.

5.26.3.4 Meals. Other than to members of reception,

no meals shall be served to the general public unless

expressly approved as part of the Conditional Use

Permit or site plan application.

5.26.3.5 Accessory Uses. Accessory uses with a

reception facility include those set forth in Section

5.2.1. of the Harrisburg Unified Development

Ordinance.

5.26.3.6 Area Regulations. Area regulations for

applicable setbacks, building height and other

dimensional requirements for new construction shall

be governed by the zoning district in which the

property is located.

5.26.3.7 Accessory Structures. Any accessory

structure must follow the regulations set forth in

Section 5.2.1.5 of the Harrisburg Unified

Development Ordinance.

5.26.3.8 Lighting. Outdoor lights must be shielded

to direct light and glare only onto the facilities’

premises and may be of sufficient intensity to

discourage vandalism and theft. Lighting and glare

must be deflected, shaded and focused away from

any adjoining properties.

5.26.3.9 Signage. Signs for reception facilities shall

meet the requirements of the Sign Regulations and

the requirements set forth below.

5.26.3.9.1 Signage shall be limited to one ground

sign per establishment.

5.26.3.9.2 Monument signs identifying reception

facilities shall not exceed eight (8) square feet in area

nor shall they exceed five (5) feet in height. If such

signs shall be illuminated, They shall be externally

illuminated.

5.26.3.9.3 No additional advertising signs shall be

permitted on the property.

5.26.3.10 Noise Control. All activities and events

occurring on the property of the reception center shall

meet the required noise control ordinance as stated in

Section 91.01 of the Town of Harrisburg Code of

Ordinances.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.27 DUPLEXES.

5.27.1 APPLICABILTY.

The provisions of this Section shall apply to tracts of

land in the medium density residential districts, RM-

1, intended to be development for duplexes and that

meet the criteria established below and as permitted

in Table 4.6-1.

5.27.2 CRITERIA.

5.27.2.1 Duplexes are permitted on corner lots only.

5.27.2.2 The corner lots shall be fifty (50) percent

larger in area than the minimum lot size permitted in

the Medium Density Residential District, RM-1).

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.28 CONTRACTOR OFFICE/SHOP WITH INDOOR

STORAGE.

5.28.1 APPLICABILITY.

The provisions of this Section shall apply to a

contractor office/shop (with indoor storage) in

the O-I, B-1, and C-1 Districts.

5.28.2 PURPOSE.

The purpose of this section is to allow for

contractor offices to be located in lower intensity

commercial and office districts and prevent any

negative impacts that this use could have on

surrounding residentially zoned properties (i.e.

expansive storage, parking of heavy equipment,

other non-office activities).

5.28.3 LOCATION.

Contractor offices with indoor storage are

permitted in the zoning districts identified in

Table 4.6-1.

5.28.4 CRITERIA.

5.28.1.1 All storage must be confined within

the principle structure.

5.28.1.2 No accessory storage units are

permitted.

5.28.1.3 Interior storage may not exceed twenty-

five percent (25%) of the ground level square

footage of the principle structure.

5.28.1.4 Storage of heavy machinery or

equipment, such as any non-transportation

oriented heavy construction vehicles, shall not be

permitted.

5.28.1.5 Manufacturing of any goods or products

shall not occur within the principle structure.

5.28.1.6 The principle use of the building shall

be for office purposes.

TOWN OF HARRISBURG UNIFIED DEVELOPMENT ORDINANCE Article 5

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5.29 RETAIL OPERATIONS IN AN I-1 ZONE.

5.29.1 APPLICABILTY.

The provisions of this Section shall apply to industrial/manufacturing uses within the Light Industrial (I-1)

zoning district that manufacture or store goods as a primary use and wish to sell these goods on the

premises as a secondary use.

5.29.2 CRITERIA.

See Section 11.7.3 Retail Operations in an I-1 Zone.

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5.30 ELECTRONIC GAMING ESTABLISHMENTS

5.30.1 APPLICABILTY.

The provisions of this Section shall apply to all Electronic Gaming Establishments, whether as a principal

or accessory use, as defined in Appendix A of the UDO.

5.30.2 LOCATIONAL STANDARDS

5.30.2.1 No electronic gaming establishment shall be located within one thousand five hundred

(1500) feet of any other electronic gaming establishment, church, school, cemetery, public park, or day care

facility.

5.30.2.2 No electronic gaming establishment shall be located within five hundred (500) feet of any

residence.

5.30.3 CRITERIA

5.30.3.1 Each location approved for the use as an Electronic Gaming Establishment shall have no

more than twenty (20) computer terminals.

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5.31 RELIGIOUS INSTITUTIONS IN I-1 DISTRICTS

5.31.1 APPLICABILTY.

The provisions of this Section shall apply to all

Religious Institutions within the I-1, Light

Industrial Zoning Districts. Religious

Institutions are not typically consistent with the

uses allowed in the I-1 District, and special

attention must be given to these uses locating in

an industrial area. The criteria set forth in this

ordinance are intended to alleviate the

inconsistencies inherent in locating inconsistent

uses adjacent to one another, such as exposure to

excessive noise, dust, odors, vibrations, etc.

5.31.2 CRITERIA

5.31.2.1 Seating capacity shall not

exceed 200 seats.

5.31.2.2 Institutions shall not exceed

3000 square feet in floor space.

5.31.2.3 No outdoor storage is allowed.

5.31.2.4 No on-street parking shall be

allowed.

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5.32 SOLAR ENERGY STANDARDS

5.32.1 PURPOSE

The purpose of this ordinance is to facilitate the construction, installation, and operation of Solar Energy Systems

(SESs) in a manner that promotes economic development and ensures the protection of health, safety, and welfare

while also avoiding adverse impacts to important areas such as agricultural lands, endangered species habitats,

conservation lands, and other sensitive lands4. It is the intent of this ordinance to encourage the development of

SESs that reduce reliance on foreign and out-of-state energy resources, bolster local economic development and job

creation, support the diversification of the state’s energy portfolio, strengthen energy and grid security, reduce

greenhouse gas emissions, reduce local air and water pollution, and aid North Carolina in meeting its Renewable

Portfolio Standard. This ordinance is not intended to abridge safety, health or environmental requirements contained

in other applicable codes, standards, or ordinances. The provisions of this ordinance shall not be deemed to nullify

any provisions of local, state or federal law.

5.32.2 DEFINITIONS

5.32.2.1 Solar Energy System (SES) - the components and subsystems required to convert solar energy into

electric or thermal energy suitable for use. The area of the system includes all the land inside the

perimeter of the system, which extends to any fencing. The term applies, but is not limited to, solar

photovoltaic (PV) systems, solar thermal systems, and solar hot water systems. A system fits into one

of three system types: Level 1 SES, Level 2 SES, and Level 3 SES.

5.32.2.2 Level 1 Solar Energy System - Level 1 SESs include the following:

 Roof-mounted on any code-compliant structure.

 Ground-mounted on an area of up to 50% of the footprint of the primary structure on the parcel

but no more than 1 acre.

 Covering permanent parking lot and other hardscape areas.

 Building integrated solar (i.e., shingle, hanging solar, canopy, etc.).

5.32.2.3 Level 2 Solar Energy System- Level 2 SESs are ground-mounted systems not included in Level 1 that

meet the area restrictions listed below:

 Agricultural/Residential: SES ≤1/2 acre

 Residential Low Density: SES ≤1/2 acre

 Residential Medium Density: SES ≤1/2 acre

 Residential High Density: SES ≤1/2 acre

 General Commercial/Business: SES ≤10 acres

 Light Industrial: SES of any size

 Heavy Industrial: SES of any size

 Office-Institutional: SES ≤10 acres

5.32.2.4 Level 3 Solar Energy System – Level 3 SESs are systems that do not satisfy the parameters for a

Level 1 or Level 2 Solar Energy System.

5.32.3 APPLICABILITY

5.32.3.1 This ordinance applies to the construction of any new SES within the jurisdiction of the Town.

5.32.3.2 An SES established prior to the effective date of this ordinance shall remain exempt:

5.32.3.2.1 Exception: Modifications to an existing SES that increases the SES area by more than 5% of the

original footprint or changes the solar panel type (e.g. photovoltaic to solar thermal) shall be

subjected to this ordinance.

5.32.3.2.2 Maintenance and repair are not subject to this ordinance.

5.32.3.2.3 This ordinance does not supersede regulations from local, state, or federal agencies. Some

important examples of such regulations include, but are not limited to building/electrical permits,

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onsite wastewater system avoidance, stormwater permits, or historic district regulations.

5.32.4 PERMITS REQUIRED

The type of permit required for an SES is displayed in Table 4.6-1 of the Unified Development Ordinance.

5.32.5 SETBACKS

5.32.5.1 The following table provides parcel line setbacks to ground mounted SES equipment, excluding any

security fencing, poles, and wires necessary to connect facilities of the electric utility.

Table 5.32-1

Zoning District

Level 1

Level 2

Level 3

Front

Side

Rear

Agricultural/Residential

Per Zoning

District**

***

Per Zoning

District*

30’*

15’*

25’*

Residential, low density

50’*

Residential Medium Density

Per Zoning District*

Residential High Density

Commercial/Business

30’*

15’*

25’*

Light Industrial

30’*

15’*

25’*

Heavy Industrial

30’*

15’*

25’*

Office/Institutional

30’*

15’*

25’*

* 100’ setback for SES equipment, excluding any security fencing, to any residential dwelling unit. If the SES is on a working

farm where the primary residential structure of the farm is on an adjacent lot then this 100’ setback will not apply to this primary

residential structure.

** Ground-mounted SES must comply with district front yard limitations and setbacks, or otherwise not impair sight distance for

safe access to or from the property or other properties in the vicinity

*** Level 1 roof mounted SESs are not subject to screening requirements typically applied to accessory utility systems

(HVAC, dumpsters, etc.).

5.32.6 HEIGHT LIMITATIONS

5.32.6.1 The height of systems will be measured from the highest natural grade below each solar panel.

Table 5.32-2

Zoning Districts

Level 1

Level 2

Level 3

Agricultural/Residential

Roof-mounted: Per

zoning district

Ground-mounted: 20’

20’

Residential, low density

20’

Residential Medium Density

20’

Residential High Density

20’

Commercial/Business

20’

Light Industrial

20’

Heavy Industrial

20’

Office/Institutional

20’

* This excludes utility poles and any antennas constructed for the project.

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5.32.6 AVIATION NOTIFICATION

The requirements below apply only to Level 1, 2 & 3 systems over half (1/2) an acre in size:

5.32.6.1 A map analysis showing a radius of five (5) nautical miles from the center of the SES with any airport

operations within this area highlighted shall be submitted with permit application.

5.32.6.2 For consideration of potential impacts to low altitude military flight paths, notification of intent to construct

the SES shall be sent to the NC Commanders Council at least 30 days before the Public Hearing for a Level

2 SES and at least 45 days before starting construction for applicable Level 1 and Level 2 SESs.

Notification shall include location of SES (i.e. map, coordinates, address, or Parcel ID), technology (i.e.

roof-mounted PV, ground-mounted fixed PV, tracked PV, solar thermal, etc.), and the area of system (e.g.

5 acres). Proof of delivery of notification and date of delivery shall be submitted with permit application.

5.32.6.3 The latest version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used per its user’s manual to

evaluate the solar glare aviation hazard. The full report for each flight path and observation point, as well

as the contact information for the zoning administrator, shall be sent to the authority indicated below at

least 30 days before the Public Hearing for Level 3 SESs and at least 45 days before starting construction

for Level 1 and level 2 SESs. Proof of delivery of notification and date of delivery shall be submitted with

permit application.

5.32.6.3.1 Airport operations at airports in the National Plan of Integrated Airport Systems within 5 nautical

miles of the center of SES: provide required information to the Federal Aviation Administration’s Airport

District Office (ADO) with oversight of North Carolina.

5.32.6.3.2 Airport operations at airport not in the NPIAS, including military airports, within 5 nautical miles

of the center of SES: provide required information to the NC Commanders Council for military airports

and to the management of the airport for non-military airports.

5.32.6.4 Any applicable SES design changes (e.g. module tilt, module reflectivity, etc.) after initial submittal shall

be rerun in the SGHAT tool and the new full report shall be sent without undue delay to the contacts

specified in Sections 6.32.6.3.1 and 6.32.6.3.2

5.32.7 LEVEL 1 SOLAR ENERGY REQUIREMENTS

5.32.7.1 Level 1 SESs are a permitted use provided they meet the applicable height, setback, aviation notification,

and related district standards.

5.32.7.2 LEVELS 2 AND 3 SOLAR ENERGY REQUIREMENTS

These requirements are in addition to height, setback, aviation notification, and applicable district standards.

A. Site Plan

a. A site plan shall be submitted to the Zoning Administrator demonstrating compliance with:

i. Setback and height limitations as established in this Section,

ii. Applicable Zoning District requirements such as lot coverage

iii. Applicable solar requirements per this ordinance.

B. Visibility

a. SESs shall be constructed with buffering as required in Table 7.4-1. For the purposes of this

section, SES 2 and 3 uses shall be considered a Class 5 use, and shall be buffered as such

according to Table 7.4-1.

b. Public signage shall be permitted by Article 12 of this Ordinance per the zoning district

regulations.

c. If site lighting is provided, the requirements of Article 7 of this Ordinance shall apply, and a

site lighting plan shall be submitted per Appendix B.

C. Decommissioning

a. A decommissioning plan signed by the party responsible for decommissioning and the

landowner addressing the following shall be submitted with permit application.

i. Defined conditions upon which decommissioning will be initiated (e.g. end of land

lease, no power production for 12 months, etc.)

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ii. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and

foundations

iii. Restoration of property to condition prior to development of the SES

iv. The timeframe for completion of decommissioning activities

v. Description of any agreement (e.g. lease) with landowner regarding

decommissioning.

vi. The party currently responsible for decommissioning

vii. Plans for updating this decommissioning plan

b. Before issuance of a Certificate of Compliance, provide evidence that the decommissioning

plan was recorded with the Register of Deeds.

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5.33 BREWPUBS AND BREWERIES-MICRO

5.33.1 Brewpubs are allowed per Table 4.7-1 with the following prescribed conditions:

5.33.1.1 No outdoor amplified sound will be permitted after 11:00pm. All activities shall comply with the Town of

Harrisburg Noise Ordinance.

5.33.1.2 In the C-1 and C-2 zoning districts, no brewpub shall be located within 100 feet of any church or school as

measured from parcel edge to parcel edge. In all other districts, the state minimum distances shall apply.

5.33.2 Breweries-Micro are allowed per Table 4.7-1 with the following prescribed conditions:

5.33.2.1 In the C-1, C-2, and PUD districts, Breweries-Micro shall have a tap room that is oriented to the street or

main pedestrian entrance of the building. A minimum of 500 square feet shall be provided for the tap room

and this area shall be open for business at least one quarter of the time each week the business facility is

open.

5.33.2.2 In the C-1 and C-2 zoning districts, no breweries-micro shall be located within 100 feet of any church or

school as measured from parcel edge to parcel edge. In all other districts, the state minimum distances

shall apply.

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5.34 FAMILY SUBDIVISION

5.34.1 ZONING DISTRICTS.

Family subdivisions are permitted in those zoning districts where such use is permitted in accordance with

Table 4.6-1 (see Article 4).

5.34.2 MINIMUM ACREAGE

A parcel being considered for a Family Subdivision must be a minimum of 20 acres in size.

5.34.3 NUMBER OF LOTS

No more than 5 residential lots shall be created; no lot shall consist of at less than five acres.

5.34.4 FRONTAGE REQUIREMENT

At least one lot must have at least 100 feet of frontage along a public street.

5.34.5 ACCESS

All lots in a family subdivision are to be accessed via a single, common private residential drive that meets

the NC Fire Code definition of a fire access lane. Private residential drives approved under this section

shall not be considered for Town maintenance as a public street, and shall be the responsibility of the

homeowners to maintain in perpetuity.