ARTICLE II. ZONING DISTRICT REGULATIONS

§42-23. General Use Zoning Districts

General Use Zoning Districts are created to provide comprehensive land use regulations

throughout the jurisdiction of this Chapter. There are thirteen (13) general use zoning districts

(listed below) that provide for a variety of uses that are appropriate to the character of the

individual districts throughout the jurisdiction of this Chapter. Within the general use districts

indicated on the Official Zoning Map, no structure or land shall be used and no structure shall be

erected or altered which is intended or designed to be used in whole or in part for any use other

than those listed as permitted for that district in this Article.

(1) Residential District One (R1)

(2) Residential District Two (R2)

(3) Residential District Two Rural (R2R)

(4) Residential District Three (R3)

(5) Residential District Four (R4)

(6) Office & Institutional District (OI)

(7) Local Commercial District (LC)

(8) Community Commercial District (CC)

(9) Regional Commercial District (RC)

(10) Industrial District (I)

(11) Estate Residential District (R-40)

(12) Surface Water District (SW)

(13) Waterfront Residential District (WR)

The General Use Districts established above shall comply with the general and specific requirements of this Chapter, and in particular shall comply with the following standards and requirements:

1. Principal Use. See §42-10 (Principal Use).

   B. Density and Dimensional Requirements. See §42-27 through §42-39 (Density and

   Dimensional Requirements).

   C. Reduction of Front Yard Setbacks. See §42-299 (Exemptions and Modifications from

   Regulations) A (Reduction of Front Yard Setbacks).

   D. Uses. See §42-61 (Table of Permitted and Special Uses).

   E. Supplemental Use Requirements. See §42-62 (Supplemental Requirements to the Table

   of Permitted and Special Uses).

   F. Accessory Uses and Structures. See §42-62 (Supplemental Requirements to the Table

   of Permitted and Special Uses), subsection 2 (Accessory Uses) and subsection 3

   (Accessory Structures).

   G. Subdivision Approval. See Article III (Subdivision Regulations).

   H. Traffic Impact Study and Emergency Services Impact Report. See Article IV

   (Adequate Public Facilities Regulations).

   I. Landscaping and Buffering. See Article V (Landscape Design Standards).

   J. Parking and Loading. See Article VI (Off-Street Parking and Loading Standards).

   K. Signage. See Article VII (Sign Regulations).

   L. Permitting Procedures. See Article XI (Review Processes and Procedures).

Each use shall, at a minimum, conform to the density and dimensional requirements of the

general use district in which it is located. In some cases a specific use may be required to meet

the Supplemental Requirements as set forth in §42-61 (Supplemental Requirements to the Table

of Permitted and Special Uses). Sections 42-27 through 42-39 list the density and dimensional

requirements for each respective zoning district.

1. Table of Permitted and Special Uses. The Table of Permitted and Special Uses (see

   §42-61) contains a listing of uses which may be permitted in one or more of the various

   Zoning Districts established by this Chapter. Uses are listed in alphabetical order in 13

   functional categories. The categories in the order of listing are:

   (1) Residential Uses

   (2) Accessory Uses

   (3) Accessory Structures

   (4) Recreational Uses

   (5) Educational and Institutional Uses

   (6) Business, Professional and Personal Services

   (7) Retail Trade

   (8) Wholesale Trade

   (9) Transportation, Warehousing, and Utilities

   (10) Manufacturing and Industrial Facilities

   (11) Temporary Uses

   (12) Temporary Structures

   (13) Agricultural Uses

2. Entries. The District(s) in which a particular listed use may be permitted is indicated by a

   "P" or "S" in the column(s) opposite the listed use.

3. Meaning of Entries. The meaning of the entries in the Table are as follows:

   1. "P" indicates the use is permitted by right and a zoning permit may be obtained.

   2. "S" indicates the use requires approval of a Special Use Permit in accordance with

   the procedures of §42-355 (Special Use Permits).

   3. The column on the far right labeled "SR" (Supplemental Requirements) means

   that there are special additional performance requirements that the use must

   comply with in its development. These requirements are contained in §42-61

   (Supplemental Requirements to the Table of Permitted and Special Uses). For any

   use subject to a Supplemental Requirement, the Supplemental Requirement shall

   represent the minimum conditions for issuance of a Zoning Permit or a Special

   Use Permit.

1. Purpose. The purpose of Residential District One (R1) is to foster orderly growth where the principal use of land is residential. The intent of this district is to allow for medium to high-density residential development consistent with the recommendations of the Comprehensive Plan. This general use district is typically meant to be utilized in areas designated as Utility Service Area (USA) in the Comprehensive Plan.

   B. Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform to the following requirements (in the case of a nonresidential use the residential density requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).

   Table

   Table 2.1. R1 Density and Dimensional Requirements
   (1) Residential Density (units/acre)		(2) Standard	4
   		(3) Intermediate	6
   		(4) Maximum	12
   (5) Yard Setbacks (feet)	Front or Right-of-Way (ROW)	Local	15
   		Collector	20
   		Thoroughfare	35
   		Boulevard	50
   		Expressway	60
   		Freeway	90
   	Side		10
   	Rear		10
   (6) Maximum Height (feet)			40

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:
      

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 4
      units/acre:
      5 acres x 4 units per acre = 20 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density.

   2. Standard residential density shall be applied:
      1. On a lot existing at the time of the initial adoption of this Chapter, where there is not adequate area to comply with the applicable standard residential density requirement;
      2. To single-family residential uses; and
      3. To two family attached dwellings.
   3. Intermediate residential density shall be available when individual dwellings would be served by both: (1) a municipal water supply system and (2) a sewage disposal system (of the following types: municipal, approved public, or approved community) which meet the requirements of applicable local or state authorities having jurisdiction thereof.

   4. Maximum residential density shall be available to applicants proposing multifamily developments with three (3) or more units (specifically excluding single-family units) where:

      a. A total of at least five (5) units would be permitted by standard residential density, and

      b. Such dwellings shall be served by both: (1) a municipal water supply system and (2) a sewage disposal system (of the following types:

      municipal, approved public, or approved community) which meet the requirements of the local or State authorities.

   5. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).
   6. Maximum height may be exceeded in multifamily developments as detailed in §42-61 (Supplemental Requirements) SR 1.5. (Dwelling, Multifamily), provided such developments do not exceed 50 feet in height.

   7. Conditional Rezoning Requirement. Developments proposing to have ten (10) or more multifamily dwellings shall apply as a conditional rezoning. Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning.

   8. Special Use Permit Requirements. Any use that requires a special use permit has a maximum impervious surface not to exceed 80% and a maximum floor area limit not to exceed 80,000 square feet (excluding machining and assembly operations, manufacturing and production operations and landscaping materials sales and storage).

1. Purpose. The purpose of Residential District Two (R2) is to foster orderly growth where the principal use of land is residential. The intent of this district is to allow for low to medium density residential development consistent with the recommendations of the Comprehensive Plan. It is also the intent of this district to allow for flexibility in the continuation of existing nonresidential uses. This general use district is typically meant to be utilized in areas designated as Utility Service Area (USA) in the Comprehensive Plan.
2. Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform to the following density and dimensional requirements (in the case of a nonresidential use the residential density requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.2. R2 Density and Dimensional Requirements
   (1) Residential Density (units/acre)		(2) Standard	1
   		(3) Maximum	2
   (4) Yard Setbacks (feet)	Front or ROW	Local	15
   		Collector	20
   		Thoroughfare	35
   		Boulevard	50
   		Expressway	60
   		Freeway	90
   	Side		10
   	Rear		10
   (5) Maximum Height (feet)			40

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 1
      unit/acre:
      5 acres x 1 unit per acre = 5 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density.

   2. Standard residential density shall be applied:
      1. On a lot existing at the time of the initial adoption of this Chapter, where there is not adequate area to comply with the applicable standard residential density requirement;
      2. To single-family residential uses; and
      3. To two family attached dwellings.

   3. Maximum residential density shall be available to applicants proposing multifamily developments with three (3) or more units (specifically excluding single-family units) where:

      a. A total of at least five (5) units would be permitted by standard residential density, and

      b. Such dwellings shall be served by both: (1) a public water supply system and (2) a sewage disposal system (of the following types: municipal, approved public, or approved community)which meet the requirements of the local or State authorities having jurisdiction thereof.

   4. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).
   5. Maximum height may be exceeded in multifamily developments as detailed in §42-61 (Supplemental Requirements) SR 1.5. (Dwelling, Multifamily), provided such developments do not exceed 50 feet in height.

   6. Conditional Rezoning Requirement. Developments proposing to have ten (10) or more multifamily dwellings shall apply as a conditional rezoning. Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning .

   7. Special Use Permit Requirements. Any use that requires a special use permit has a maximum impervious surface not to exceed 80% and a maximum floor area limit not to exceed 80,000 square feet (excluding machining and assembly operations, manufacturing and production operations and landscaping materials sales and storage).

1. Purpose. The purpose of Residential District Two Rural (R2R) is to foster orderly growth where the principal use of land is residential. The intent of this district is to allow for low to medium density residential development and rural commercial and light industrial development consistent with the recommendations of the Comprehensive Plan. This general use district is typically meant to be utilized outside areas designated as Utility Service Area (USA) in the Comprehensive Plan.
2. Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform to the following requirements (in the case of a nonresidential use the residential density requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.3. R2R Density and Dimensional Requirements
   (1) Residential Density (units/acre)		(2) Standard	1
   		(3) Maximum	2
   (4) Yard Setbacks (feet)	Front or ROW	Local	15
   		Collector	20
   		Thoroughfare	35
   		Boulevard	50
   		Expressway	60
   		Freeway	90
   	Side		10
   	Rear		10
   (5) Maximum Height (feet)			40

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:
      

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 1 unit/acre:
      5 acres x 1 unit per acre = 5 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density.

   2. Standard residential density shall be applied:
      1. On a lot existing at the time of the initial adoption of this Chapter, where there is not adequate area to comply with the applicable standard residential density requirement;
      2. To single-family residential uses; and
      3. To two family attached dwellings.

   3. Maximum residential density shall be available to applicants proposing multifamily developments with three (3) or more units (specifically excluding single-family units) where:

      a. A total of at least five (5) units would be permitted by standard residential density, and

      b. Such dwellings shall be served by both: (1) a public water supply system and (2) a sewage disposal system (of the following types: municipal, approved public, or approved community) which meet the requirements of the local or State authorities having jurisdiction thereof.

   4. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).

   5. Maximum height may be exceeded in multifamily developments as detailed in

      §42-61 (Supplemental Requirements) SR 1.5 (Dwelling, Multifamily), provided

      such developments do not exceed 50 feet in height.

   6. Conditional Rezoning Requirement. Developments proposing to have ten (10) or more multifamily dwellings shall apply as a conditional rezoning . Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning.

   7. Special Use Permit Requirements. Any use that requires a special use permit has a maximum impervious surface not to exceed 80% and a maximum floor area limit not to exceed 80,000 square feet (excluding machining and assembly operations, manufacturing and production operations and landscaping materials sales and storage).

1. Purpose. The purpose of Residential District Three (R3) is to foster orderly growth where the principal use of land is low density residential. The intent of this district is to allow for residential development consistent with the recommendations of the Comprehensive Plan. This general use district is typically meant to be utilized outside areas designated as Utility Service Area (USA) in the Comprehensive Plan.
2. Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform to the following requirements (in the case of a nonresidential use the residential density requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.4. R3 Density and Dimensional Requirements
   (1) Residential Density (units/acre)		0.66 (1 unit/1.5 acres)
   (4) Yard Setbacks (feet)	Front or ROW	Local	15
   		Collector	20
   		Thoroughfare	35
   		Boulevard	50
   		Expressway	60
   		Freeway	90
   	Side		15
   	Rear		15
   (5) Maximum Height (feet)			40

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:
      

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 0.66 units/acre:
      5 acres x 1 units per acre = 3 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density.

      1. On a lot existing at the time of the initial adoption of this Chapter, where there is not adequate area to comply with the applicable standard residential density requirement;
      2. To single-family residential uses; and
      3. To two family attached dwellings.
   2. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).

   3. Conditional Rezoning Requirement. Developments proposing to have ten (10) or more multifamily dwellings shall apply as a conditional rezoning . Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning.

   4. Special Use Permit Requirements. Any use that requires a special use permit has a maximum impervious surface not to exceed 80% and a maximum floor area limit not to exceed 80,000 square feet (excluding machining and assembly operations, manufacturing and production operations and landscaping materials sales and storage).

1. Purpose. The purpose of Residential District Four (R4) is to foster orderly growth where the principal use of land is low density residential. The intent of this district is to allow for limited residential development consistent with the recommendations of the Comprehensive Plan. This general use district is typically meant to be utilized outside areas designated as Utility Service Area (USA) in the Comprehensive Plan. It is recognized that this district is to be used in areas less suitable for dense or moderately dense development and is only zoned at the request of the property owner or appointed agent.
2. Density and Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform to the following dimensional requirements (in the case of a nonresidential use the residential density dimensional requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.5. R4 Density and Dimensional Requirements
   (1) Residential Density (units/acre)		0.20 (1 unit/5.0 acres)
   (4) Yard Setbacks (feet)	Front or ROW	Local	15
   		Collector	20
   		Thoroughfare	35
   		Boulevard	50
   		Expressway	60
   		Freeway	90
   	Side		15
   	Rear		15
   (5) Maximum Height (feet)			40

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:
      

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 0.20 units/acre:
      5 acres x 0.20 units per acre = 1 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density. Residential density shall be applied:

      1. On a lot existing at the time of the initial adoption of this Chapter, where there is not adequate area to comply with the applicable standard residential density requirement;
      2. To single-family residential uses; and
      3. To two family attached dwelling.
   2. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).
   3. Conditional Rezoning Requirement. Developments proposing to have ten (10) or
      more multifamily dwellings shall apply as a conditional rezoning . Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning.
   4. Special Use Permit Requirements. Any use that requires a special use permit has a maximum impervious surface not to exceed 80% and a maximum floor area limit not to exceed 80,000 square feet (excluding machining and assembly operations, manufacturing and production operations and landscaping materials sales and storage).

1. Purpose. The purpose of the Office & Institutional District (OI) is to foster orderly growth where the principal use of land is a mixture of office, institutional, and residential. The intent of this district is to allow for office, institutional and residential development that: (1) is directed largely to Neighborhood Anchors as defined in the Comprehensive Plan; (2) is compatible with adjacent development and the surrounding community; and (3) will minimize congestion and sprawl.
2. Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the following requirements (in the case of a nonresidential use the residential density requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.6. OI Density and Dimensional Requirements
   (1) Residential Density (units/acre)		(2) Standard	4
   		(3) Maximum	16
   Maximum Impervious Surface (%)			80
   (4) Yard Setbacks (feet)	Front or ROW	Local	15
   		Collector	25
   		Thoroughfare	35
   		Boulevard	45
   		Expressway	55
   		Freeway	60
   	Side		10
   	Rear		10
   (5) Maximum Height (feet)			50

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:
      

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 4 units/acre:
      5 acres x 4 units per acre = 20 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density.

   2. Standard residential density shall be applied:
      1. On a lot existing at the time of the initial adoption of this Chapter, where there is not adequate area to comply with the applicable standard residential density requirement.
      2. To single-family residential uses.
   3. Maximum residential density shall be available to applicants proposing
      multifamily developments with three (3) or more units (specifically excluding
      single-family units) where:
      a. A total of at least five (5) units would be permitted by standard residential
      density, and
      b. Such dwellings shall be served by both: (1) a public water supply system
      and (2) a sewage disposal system (of the following types: municipal,
      approved public, or approved community)which meet the requirements of
      the local or State authorities having jurisdiction thereof.
   4. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).
   5. Conditional Rezoning Requirement. Developments proposing to have ten (10) or
      more multifamily dwellings shall apply as a conditional rezoning. Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning.

1. Purpose. The purpose of the Local Commercial District (LC) is to foster orderly growth where the principal use of land is commercial and residential. The intent of this district is to allow for commercial development uses and residential development that: (1) includes a variety of retail sales and services, public and private administrations, offices and all other uses done primarily for sale or profit on a local or neighborhood scale; (2) is compatible with adjacent development and the surrounding community; and (3) will minimize congestion and sprawl. 
2. Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the following requirements (in the case of a nonresidential use the residential density requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.7. LC Density and Dimensional Requirements
   (1) Residential Density (units/acre)		(2) Standard	4
   		(3) Maximum	16
   Maximum Impervious Surface (%)			80
   (4) Maximum Floor Area (sq ft)			30,000 or 10,000
   (4) Yard Setbacks (feet)	Front or ROW	Local	10
   		Collector	10
   		Thoroughfare	20
   		Boulevard	30
   		Expressway	40
   		Freeway	45
   	Side		10
   	Rear		10
   (5) Maximum Height (feet)			40

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:
      

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 4 units/acre:
      5 acres x 4 units per acre = 20 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density.

   2. Standard residential density shall be applied:
      1. On a lot existing at the time of the initial adoption of this Chapter, where there is not adequate area to comply with the applicable standard residential density requirement.
      2. To single-family residential uses.
      3. To two family attached dwellings.
   3. Maximum residential density shall be available to applicants proposing five (5) or more dwellings in any combination of the following unit types (duplexes, triplexes, quadraplexes and multifamily dwellings with five (5) or more units and specifically excluding single-family units) where:
      1. A total of at least five (5) units would be permitted by standard residential density, and
      2. Such dwellings are generally served by both: (1) a public water supply system and (2) a sewage disposal system (of the following types: municipal, approved public, or approved community) which meet the requirements of the local or State authorities having jurisdiction thereof.
   4. Within a multi-tenant structure/site, the principal tenant shall have a maximum gross floor area of 30,000 square feet. The maximum gross floor area for any other tenant shall be 10,000 square feet. A maximum 80,000 total square feet for any multi-tenant structure shall apply. The maximum gross floor area for a single unit on a single lot shall be 10,000 square feet.
   5. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).
   6. Conditional Rezoning Requirement. Developments proposing to have ten (10) or
      more multifamily dwellings shall apply as a conditional rezoning. Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning.

1. Purpose. The purpose of the Community Commercial District (CC) is to foster orderly growth where the principal use of land is commercial. The intent of this district is to allow for commercial development that includes a variety of retail sales and services, public and private administrations, offices and all other uses done primarily for sale or profit on the local and community level.
2. Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the following requirements (in the case of a nonresidential use the residential density requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.8. CC Density and Dimensional Requirements
   (1) Residential Density (units/acre)			16
   Maximum Impervious Surface (%)			80
   (4) Maximum Floor Area (sq ft)			80,000 or 30,000
   (4) Yard Setbacks (feet)	Front or ROW	Local	10
   		Collector	10
   		Thoroughfare	20
   		Boulevard	30
   		Expressway	40
   		Freeway	45
   	Side		10
   	Rear		10
   (5) Maximum Height (feet)			50

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:
      

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 16 units/acre:
      5 acres x 16 units per acre = 80 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density.

   2. Within a multi-tenant structure/site, the principal tenant shall have a maximum gross floor area of 80,000 square feet. The maximum gross floor area for any other tenant shall be 30,000 square feet. The maximum gross floor area for a single unit on a single lot shall be 30,000 square feet.
   3. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).
   4. Conditional Rezoning Requirement. Developments proposing to have ten (10) or
      more multifamily dwellings shall apply as a conditional rezoning. Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning.

1. Purpose. The purpose of the Regional Commercial District (RC) is to foster orderly growth where the principal use of land is commercial. The intent of this district is to allow for commercial development that includes a variety of retail sales and services, public and private administrations, offices and all other uses done primarily for sale or profit on the local, community, and regional level.This general use district is meant to be in the Utility Service Area (USA) as defined in the Comprehensive Plan.
2. Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the following requirements (in the case of a nonresidential use the residential density requirements shall not apply). In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.9. RC Density and Dimensional Requirements
   (1) Residential Density (units/acre)			16
   Maximum Impervious Surface (%)			80
   Maximum Floor Area (sq ft)			Unlimited
   Yard Setbacks (feet)	Front or ROW	Local	10
   		Collector	10
   		Thoroughfare	20
   		Boulevard	30
   		Expressway	40
   		Freeway	45
   	Side		10
   	Rear		10
   Maximum Height (feet)			50

   1. Residential density shall be calculated utilizing the entire acreage of a tract of land. Under this scenario, residential density shall be determined based on the following formula:
      

      Lot size x allowable units per acre = permitted dwelling units
      The following example assumes a 5 acre tract with an allowable density of 16 units/acre:
      5 acres x 16 units per acre = 80 permitted dwelling units

      The maximum residential density for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be one- half (½) the eligible density.

   2. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).
   3. Conditional Rezoning Requirement. Developments proposing to have ten (10) or
      more multifamily dwellings shall apply as a conditional rezoning. Subdivisions proposing to cluster the dwelling units on fifty percent (50%) or less of the total project area used to calculate the allowed density, must apply as a conditional rezoning.

1. Purpose. The purpose of the Industrial District (I) is to foster orderly growth where the principal use of land is a mixture of industrial and heavy commercial. The intent of this district is to allow for industrial and heavy commercial development that: (1) is compatible with adjacent development and the surrounding community; (2) will minimize conflict between land uses; and (3) is sensitive to its impact on surrounding land uses and the environment (natural and man-made). This general use district is meant to be in the Utility Service Area (USA) as defined in the Comprehensive Plan.
2. Density and Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the following requirements. In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
   

   Table 2.10. I Density and Dimensional Requirements
   Maximum Impervious Surface (%)			80
   Maximum Floor Area (sq ft)			Unlimited
   Yard Setbacks (feet)	Front or ROW	Local	20
   		Collector	30
   		Thoroughfare	40
   		Boulevard	50
   		Expressway	50
   		Freeway	60
   	Side		20
   	Rear		20
   Maximum Height (feet)			72

   1. Accessory structures may be located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).

1. Purpose. The Estate Residential District (R-40) is established to maintain the zoning in place prior to the adoption of this Chapter 42. This district is established as a district in which the principal use of the land is for low-density residential use. This district is intended to ensure that residential development not having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at a sufficiently low density to provide a healthful environment. This district is also intended to be a quiet, low-density neighborhood consisting of single-family residences. The R-40 District shall not be extended from the locations designated on the Official Zoning Map, nor shall new R-40 District areas be designated except where initiated by the Board of Commissioners or Planning Board. The R-40 District may be altered or removed.
2. Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the following requirements. In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements). The Conservation Subdivision option shall be available in the R-40 District. Minimum lot sizes shall not apply when using the Conservation Subdivision option and an average density of one (1) unit per 40,000 square feet shall be applied.
   

   Table 2.11. R-40 Density and Dimensional Requirements
   (1) Minimum Lot Area (sq ft)			40,000
   Minimum Lot Area Per Dwelling (Family Unit) (sq ft)			40,000
   Yard Setbacks (feet)	Front or ROW	(2) Major Roads	75
   		All Others	60
   	Side		35
   	Rear		35
   Maximum Height (feet)			Unlimited

   1. The minimum lot area for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be twice the minimum lot area of the district.
   2. Major roads shall include: Interstate 26, US Highway 64, US Highway 25, US Highway 176, NC Highway 280, NC Highway 191, Kanuga/Crab Creek Road (SR 1127), Clear Creek Road (SR 1503), Upward Road (SR 1722), and the Upward Road Connector (SR 1783).
   3. Yard setbacks shall be measured from the centerline of right-of-way. Where the road is a major road and is more than two (2) lanes (including parking lanes), the yard setback requirements shall be measured and begin at a point on the pavement 12 feet from the edge of the paved road abutting the property in subject.
3. Permitted Uses. Within the R-40 District, the following uses are permitted:
   1. Dwelling, single-family, and manufactured homes (multi-section), excluding manufactured homes (singlewide) and mobile homes (See SR 1.5 (Dwelling, Manufactured/Mobile Home (multi- section/singlewide) and SR 1.6 (Dwelling, Single Family Detached).
   2. Church, provided that:
      1. The structures are placed not less than 50 feet from any property line;
      2. They are located with access to a street, as shall be determined by the Zoning Administrator; and
      3. There is a planted buffer strip along the side and rear property lines, except where such lines run parallel and contiguous with streets, streambeds, lakes and railroad tracks. (See also SR 5.19 (Religious Institution))
   3. Cemetery (On property contiguous to or adjacent to the principal church assembly building) (See also SR 5.3 (Cemetery/Mausoleum/Columbarium (excluding crematoriums).
   4. Church bulletin boards not exceeding 12 square feet in area.
   5. Signs not more than four (4) square feet in area advertising the sale or rental of property on which they are located.
   6. Utility Substation (See SR 9.14 (Utility Substation).
   7. Accessory structures maybe located in the side, rear or front yards and may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW). .
      1. In no case shall an accessory building be permitted in any front, side or rear yard if it exceeds 15 feet in height or if it occupies more than 30 percent of the required yard area; however, height restrictions do not apply on lots of one (1) or more acres. Maximum building height for private boathouses shall be 25 feet measured from the full pond elevation (lakes) or mean sea level elevation (rivers).
   8. School (Public/Private/Charter) (See SR 5.20 (School (Public/Private/Charter).
   9. Civic and cultural buildings, including auditoriums, theaters for the performing arts, museums, art galleries, symphony and concert halls and historical societies, provided that:
      1. The structures are placed not less than 50 feet from any property line;
      2. They are located with access to a street, as shall be determined by the Zoning Administrator;
      3. There is a planted buffer strip along the side and rear property lines, except where such lines run parallel and contiguous with streets, streambeds, lakes and railroad tracks;
      4. The facility is not operated for profit and satisfactory proof of the tax-exempt status of the organization is exhibited to the Zoning Administrator;
   10. Communications Facilities, Category 1 (See SR 9.3 - Communications Facilities, Category 1).
   11. Family Care Home (See SR 1.8 - Family Care Home).
   12. Solar Panels (See SR 2.12 - Solar Panels).
4. Permitted with a Special Use Permit. Within the R-40 District, the following uses are permitted with a special use permit provided that the conditions listed below are met. This special use permit shall be issued in accordance with §42-355 (Special Use Permits):
   1. Park (See SR 4.13-Park).
   2. Camp (See SR 4.2 -Camp).
   3. Tennis Club (See SR 4.14 -(Recreational Facilities (Indoor/Outdoor)).
   4. Racquet Club (See SR 4.14 (Recreational Facilities (Indoor/Outdoor)).
   5. Golf Course (See SR 4.6 -Golf Course and/or Country Club) (Miniature golf courses and private driving tees operated for commercial purposes are not allowed.).
   6. Customary Incidental Home Occupation (permitted as accessory uses in a residence). Customary incidental home occupations include, but are not limited to: dressmaking, cooking, baking, music instruction, and the practice of such professions as insurance, medicine, artistry, architecture, and accounting. Customary incidental home occupations must:
      1. Be conducted entirely within a dwelling;
      2. Be carried on by the occupants thereof;
      3. Be clearly incidental and secondary to the use of the dwelling for residential purposes;
      4. Not change the character thereof;
      5. Not install or use mechanical equipment except such as is normally used for domestic or professional purposes;
      6. Not have over 25 percent of the total floor space of any structure in use for a home occupation; and
      7. Not be conducted in any accessory building.
   7. Library (See SR 5.15 (Museum/Library/Archive).
   8. Bed-and-Breakfast Inn (See SR 1.2 (Bed and Breakfast Inn).
   9. R-O Residential Open Spaces Development.
      1. Any use permitted in the R-40 District, with any conditions pertaining thereto, shall be a permitted use.
      2. Establishment of R-O Development. An R-O Development shall be considered to conform to the requirements of such district when the following
      3. circumstances exist:
         1. An entire tract of land under one (1) ownership is being subdivided at one (1) time pursuant to an overall plan of development which includes open spaces, such as golf courses, lakes, recreational areas, meadows, parks, woods or other open or green spaces. All required open space shall be dedicated to the public and accepted by the County or transferred to a property owners' association or transferred to a private club, subject to deed restrictions forbidding its later subdivision or development for other than residential open space purposes.
         2. Such open spaces consist of one (1) or more parcels of land in the proposed subdivisions which have a total of at least ten (10) percent of the entire tract. No parcel of land less than one (1) acre in area shall be considered in arriving at the total area of the open spaces.
         3. The gross residential density of the area being subdivided will be no more than the density that would have been permitted in the total area of said tract being subdivided, without regard to the special provisions applying to an R-O Development hereinafter set out in subsection c.
            1. No R-O Development shall be established unless and until there is delivered to the Zoning Administrator a written instrument in recordable form, executed by the owner or owners of all interests in the proposed tract to be subdivided, providing that in consideration of the designation of said subdivision as an R-O Development and benefits accruing to such owners in the subdivision from such designations, and in recognition that purchasers of lots in the subdivision will rely upon the continuing existence of such open spaces, it is irrevocably agreed upon that such spaces will remain open with no buildings thereon, except as may be reasonably incidental to the use of the open spaces for the purpose designated. These restrictions shall be binding upon the present owners of the proposed subdivision and open spaces and upon their successors in title and may be enforced by the Zoning Administrator or other appropriate public authority as provided in this Chapter or by the owner of any lot in the subdivision by suit for mandatory injunction or for damages.
               1. Said written instrument shall also contain a legal description of each open space, shall describe the use (if any) which the owner proposes and shall provide that if such open space is not maintained as agreed, the owners of a majority of the lots in the subdivision shall have the right to form an association which shall have the right to perform such maintenance at the expense of the members thereof.
               2. Said written instrument shall further provide that if such open spaces shall be foreclosed and sold for nonpayment of taxes, said association of lot owners and anyone claiming under them shall be forever barred from asserting any right, title or interest in or to said open spaces.
            2. If the proposed R-O Development is established, the written instrument described in subsection b (3) (a) shall be recorded in the office of the Register of Deeds for Henderson County.
            3. Application to create an R-O Development shall be accompanied by the written instrument above referred to and a major site plan, in accordance with §42-330 (Major Site Plan Review). Applications to create an R-O Development shall comply with the applicable requirements for subdivision application.
      4. Dimensional requirements in R-O Development. The dimensional requirements shall be reduced as follows for lots within the R-O development:
         1. If the total open space pursuant to subsection b above is less than ten (10) percent of the area of the tract being subdivided, said requirement shall not be reduced at all;
         2. If the total open space pursuant to subsection b above is at least ten (10) percent and less than 20 percent of the total tract being subdivided, each dimensional requirement shall be reduced ten (10) percent;
         3. If the total open space pursuant to subsection b above is at least 20 percent and less than 30 percent of the total tract being subdivided, each dimensional requirement shall be reduced 20 percent;
         4. If the total open space pursuant to subsection b above is at least 30 percent of the total tract being subdivided, each dimensional requirement shall be reduced 30 percent.
      5. Nothing herein shall be deemed to require the County to accept any such open space that is dedicated to the public.
   10. R-A Residential Apartment.
       1. The purpose of the R-A Residential Apartment Development is to permit establishment of apartment developments in the R-40 District and to minimize any detrimental effects of such developments on existing land uses. Within an R-A Development, apartments and customary accessory buildings shall be permitted as per the requirements of §42-37 (Estate Residential District (R-40)) C (7) (Accessory Structures).
       2. R-A Developments may be located in the R-40 District subject to a finding by the Zoning Board of Adjustment (ZBA), on advice and recommendation of the Planning Director, that certain conditions shall be met.
          1. Location. Subject to the provisions of this section, an R-A Development may be established in an area contiguous to and abutting for at least 400 feet on either US 25, US 64, US 176, US 74, NC 191, NC 280, I-26 or Kanuga Road, or may be established on a minor street intersecting one of the aforementioned major streets within a distance not to exceed 1,500 feet from the point of intersection of the two (2) streets.
          2. Minimum Size. The minimum area for an R-A Development shall be one-and-one- half (1 ½) acres.
          3. Design Requirements. The proposed development of an R-A Development shall be considered in accordance with an overall plan which shall include provisions for:
             1. Landscaping. The proposed development shall be designed as a single architectural scheme with appropriate common landscaping.
             2. Parking. Parking space shall be provided within the development at a ratio of one-and-one-half (1 ½) spaces for each apartment unit.
             3. Area Regulations. No building shall be erected at a distance of less than 60 feet from the center line of any minor street on which the lot abuts, nor less than the required side or rear lot line setback of the adjacent district; however, in no instance shall the minimum side and rear lot line setback be less than 10 feet. The distance at the closest point between any building or group of attached buildings shall not be less than 15 feet.
             4. Screening. A ten (10) foot evergreen planted buffer strip shall be provided wherever the development adjoins the boundary or property line of a residential zoning district.
             5. Traffic Circulation. The location of driveways, parking spaces and interior streets shall be designated on said plan.
       3. Procedures for Application and Review. An applicant desiring to develop an R-A Development shall adhere to the following procedures:
          1. Special Use Permit Application. The applicant shall submit to the Board of Commissioners a written application for a special use permit in accordance with §42-355 (Special Use Permit).
          2. Development Plan. A copy of the development plan shall be submitted to the Planning Director for review and recommendations. The Zoning Board of Adjustment (ZBA) shall not issue a special use permit until it has received recommendations from the Planning Director.
             1. The development plan shall include the following information and supporting documentation:
                1. The scale of the map, which shall be not less than one (1) inch to 50 feet with contours at five (5) foot vertical intervals showing pertinent topographical features.
                2. The location, use, plan and dimension of each building or structure to be constructed.
                3. The location, dimensions and arrangements of all access ways, entrances, exits, off-street parking facilities, streets and sidewalks.
                4. The locations, dimensions and arrangements of all open spaces and areas devoted to planting, lawns, trees or similar purposes, with a description including the height and density of all trees or planting to be used for screening.
                5. The location and description of all facilities to be used for sewage disposal, water supply, stormwater drainage and all utilities.
   11. Communication Facilities, Group 2 where such towers are limited to:
       1. monopole towers, and
       2. a height no greater than 100 feet (See also SR 9.3).
   12. Wind Mill/Turbine, Accessory = 40 ft (See SR 3.16).
   13. Wind Mill/Turbine, Accessory > 40 ft (See SR 3.17).

1. Purpose. The Waterfront Residential District (WR) is established to maintain the zoning in place prior to the adoption of this Chapter 42. This district is established for residential development on or adjacent to waterfront property, that which is navigable for small recreational-type boats and watercraft. The district is intended to maintain and promote low-density single-family development and is intended to provide protection of the existing waterfront character and environmental sensitivity, particularly the water quality and any adjacent wetlands. The WR District shall not be extended from the locations designated on the Official Zoning Map, nor shall new WR District areas be designated except where initiated by the Board of Commissioners or Planning Board. The WR District may be altered or removed.
2. Dimensional Requirements. Each use allowed in this district shall at a minimum conform to the following requirements. In some cases a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements). The Conservation Subdivision option shall be available in the WR District. Minimum lot sizes shall not apply when using the Conservation Subdivision option and an average density of one (1) unit per 30,000 square feet shall be applied.
   

   Table 2.12. WR Dimensional Requirements
   (1) Minimum Lot Area (sq ft)			30,000
   Minimum Lot Area Per Dwelling (Family Unit) (sq ft)			30,000
   Yard Setbacks (feet)	Front or ROW	(2) Major Roads	60
   		All Others	45
   	Side		None
   	Rear		25
   	Waterfront		None
   Maximum Height Principal Structure (feet)			35
   Maximum Height Accessory Structure (feet)			15
   Maximum Height Boat House (feet) (Measured from Full Pond Elevation)			25

   1. The minimum lot area for portions of the tract with a slope of 60 percent or greater (where such slope areas of the tract account for ten (10) percent or more of the tract) shall be twice the minimum lot area of the district.
   2. Major roads shall include: Interstate 26, US Highway 64, US Highway 25, US Highway 176, NC Highway 280, NC Highway 191, Kanuga/Crab Creek Road (SR 1127), Clear Creek Road (SR 1503), Upward Road (SR 1722), and Upward Road Connector (SR 1783).
   3. Yard setbacks shall be measured from the centerline of right-of-way. Where the road is a major road and more than two (2) lanes (including parking lanes), the yard setback requirements shall be measured and begin at a point on the pavement 12 feet from the edge of the paved road abutting the property in subject.
3. Permitted Uses. Within the WR District, the following uses are permitted:
   1. Dwelling, single-family, and manufactured homes (multi-section), excluding manufactured homes (singlewide) and mobile homes (See SR 1.4 - Dwelling, Manufactured/Mobile Home (multi- section/singlewide) and SR 1.6 - Dwelling, Single Family Detached).
   2. Customary Accessory Building (Including garages, storage buildings, pools, tennis courts, boathouses and similar recreational uses). Customary accessory buildings:
      1. Shall be permitted in rear yards, provided that they are located not less than five (5) feet from any property line;
      2. May be permitted in side yards, provided that their placement shall not exceed the minimum side yard setback requirement for that district or use;
      3. Shall not be permitted in front yards, except in the following cases:
         1. Where, by definition, more than one (1) front yard exists, such as in corner lots or double fronted lots; or
         2. Where the measurement of a lot's perimeter boundary is equal to or exceeds 50 percent of the abutting road right-of-way;
      4. In Subsection c.1. and c.2. above, an accessory building shall not be located closer to the center line of the abutting road than is otherwise permitted by this Chapter;
      5. In these cases only, such determination shall be made by the Zoning Administrator on a case-by-case basis. Determinations shall take into account orientation of the structure and dwelling, road and driveway location, topographical features, traffic volume, and visual buffers; and
      6. In no case shall an accessory building be permitted in any front, side or rear yard if it exceeds 15 feet in height or if it occupies more than 30 percent of the required yard area; however, height restrictions do not apply on lots of one (1) or more acres. Maximum building height for private boathouses shall be 25 feet measured from the full pond elevation (lakes) or mean sea level elevation (rivers).
   3. Signs not more than four (4) square feet in area advertising the sale or rental of property on which they are located.
   4. Church, provided that:
      1. The structures are placed not less than 50 feet from any property line;
      2. They are located with access to a street, as shall be determined by the Zoning Administrator; and
      3. There is a planted buffer strip along the side and rear property lines, except where such lines run parallel and contiguous with streets, streambeds, lakes and railroad tracks. (See SR 5.4- Cemetery/Mausoleum/Columbarium (excluding crematoriums)
   5. Church bulletin boards not exceeding 12 square feet in area.
   6. Utility Substation (See SR 9.14-Utility Substation).
   7. Communications Facilities, Category I (See SR 9.3-Communications Facilities, Category 1).
   8. Family Care Home (See SR 1.8-Family Care Home).
   9. Solar Panels (See SR 2.12-Solar Panels).
4. Permitted with a Special Use Permit. Within the WR District, the following uses are permitted with a special use permit provided that the conditions listed below are met. This special use permit shall be issued in accordance with §42-355 (Special Use Permits):
   1. Park (See SR 4.13 -Park).
   2. Tennis Club (See SR 4.14 (Recreational Facilities (Indoor/Outdoor)).
   3. Racquet Club (See SR 4.14 (Recreational Facilities (Indoor/Outdoor)).
   4. Golf Course (See SR 4.6-Golf Course and/or Country Club).
   5. Camp (See SR 4.2- Camp).
   6. Customary Incidental Home Occupation (permitted as accessory uses in a residence). Customary incidental home occupations include, but are not limited to: construction, and the practice of such professions as insurance, medicine, artistry, architecture, and accounting. Customary incidental home occupations must:
      1. Be conducted entirely within a dwelling;
      2. Be carried on by the occupants thereof;
      3. Be clearly incidental and secondary to the use of the dwelling for residential purposes;
      4. Not change the character thereof;
      5. Not install or use mechanical equipment except such as is normally used for domestic or professional purposes;
      6. Not have over 25 percent of the total floor space of any structure in use for a home occupation; and
      7. Not be conducted in any accessory building.
   7. Communication Facilities, Category 2 where such towers are limited to:
      1. monopole towers, and
      2. a height no greater than 100 feet (See also SR 9.3-Communication Facilities, Category 2).
   8. Wind Mill/Turbine, Accessory = 40 ft (See SR 3.16).
   9. Wind Mill/Turbine, Accessory > 40 ft (See SR 3.17).

1. Purpose. The Surface Water District (SW) is established to maintain the zoning in place prior to the adoption of this Chapter 42. It is the intent of this district to protect surface waters for the enhancement of recreation, to promote water safety and maintain a proper ecologic/development balance. The SW District shall not be extended from the locations designated on the Official Zoning Map, nor shall new SW District areas be designated except where initiated by the Board of Commissioners or Planning Board. The SW District may be altered or removed.
2. Permitted Uses. Within the SW District, the following uses are permitted:
   1. Private boathouse, pier, dock, and bulkhead.
      1. Structures may extend over the water for a distance of no more than 80 feet from the shore as measured from the full pond elevation (lakes) or mean sea level elevation (rivers).
      2. In no event shall a structure, when located in a cove or river, extend more than one-third (1/3) the width of the cove or river measured from the shore at the full pond elevation (lakes) or mean sea level elevation (rivers) at the point of the proposed construction to the nearest point on the opposite shore.
      3. The structure shall extend into the water so as to remain confined within a projection of the side lot lines of the lot on which the pier is accessed, maintaining the side yard setback requirements of the adjacent zoning district. A structure or other projection over the water may be established at each of the two (2) property lines on the shoreline at the full pond elevation (lakes) or mean sea level elevation (rivers). Each projection should be perpendicular to a line connecting two (2) points on the shoreline where a ten (10) foot radius from that property corner intersects the shoreline.
      4. Maximum building height for private boathouses shall be 25 feet measured from full pond elevation (lakes) or mean sea level elevation (rivers).
   2. Governmental recreational facilities, including, but not limited to: piers, docks and bulkheads, provided that the standards cited in subsection (1) a through (1) d are met.
   3. Communications Facilities, Category 1 (See SR 9.3-Communication Facilities, Category 1).
   4. Communication Facilities, Category 2 where such towers are limited to:
      1. monopole towers, and
      2. a height no greater than 100 feet (See also SR 9.3-Communication Facilities, Category 2).
   5. Navigational or Warning Signs (signs, other than navigational or warning signs, shall not be allowed on the surface of the lake or river).

Conditional Zoning Districts are created for the purpose of providing an optional rezoning choice where the owner of property proposes to rezone property and, in order to, among other reasons, carry out the purposes of the Comprehensive Plan, proposes to impose special limitations and conditions on the use of the property proposed for rezoning.

Conditional Zoning Districts are zoning districts in which the development and use of the property is subject to predetermined Chapter standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district and applying it to each individual development project.

A. Dimensional and Use Requirements. Each use proposed in a petition for a Conditional Zoning District shall, at a minimum, conform to the following dimensional and use requirements. In some cases, a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).

(1)Dimensional requirements for single and multifamily residential uses shall be the same as those found in the R1 District.

(2)If the subject area, or any portion thereof, is zoned R1, R2, R2R, R3, R4, R-40, WR or SW, then no conditional zoning shall be allowed to add additional uses beyond those otherwise allowed in the area as zoned. Dimensional requirements for non-residential uses shall be the same as those found in the LC District.

B. General Provisions.

(1)Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).

(2)All CD districts shall adhere to a site-specific vesting plan.

(3)Neighborhood Compatibility Meetings. A neighborhood compatibility meeting is required. See §42-372. Neighborhood Compatibility Meeting.

 Certain types of zoning districts would be inappropriate at certain locations in the absence of special conditions. Some land uses are of a nature or scale that may have significant impacts on both the immediately surrounding area and the entire community, which cannot be predetermined or controlled by general district standards. There are also circumstances in which a general use district designation allowing such a use by right would not be appropriate for a particular property though the use could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted Comprehensive Plan, and adopted district. The review process established in this section provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties.

Where the applicant for rezoning desires property to be rezoned to such a district in such situations, the Conditional Zoning District is a means by which such special conditions can be imposed in the furtherance of the purpose of this Chapter and the recommendations of the Comprehensive Plan. The Conditional Zoning District classification will be considered for rezoning only with the consent of the property owner. If, for any reason, any condition imposed pursuant to these regulations is found to be illegal or invalid or if the applicant should fail to accept any condition, it is the intent of this Chapter that the authorization of such Conditional Zoning District shall be null and void and of no effect and that proceedings shall be instituted to rezone the property to its previous zoning classification.

Property may be rezoned to a Conditional Zoning District only in response to, and consistent with, a petition submitted by the owners of all of the property to be included in the district. A petition for conditional zoning must include a site plan, drawn to scale, and supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations and conditions that, in addition to all predetermined requirements, will govern the development and use of the property.

Conditional Zoning District decisions are a legislative process subject to judicial review using the same procedures and standard of review as applicable to general use district zoning decisions. Conditional Zoning District decisions shall be made in consideration of identified relevant adopted land use plans for the area, including, but not limited to, the Comprehensive Plan, strategic plans, district plans, neighborhood plans, corridor plans, and other land-use policy documents.

In approving a petition for the reclassification of property to a Conditional Zoning District, the Planning Board may recommend, and the Board of Commissioners may request that reasonable and appropriate conditions be attached to the approval of the petition. Conditions and site-specific standards shall be limited to those that address the conformance of the development and use of the site to County ordinances and any officially adopted Comprehensive Plan or other land use plan, that address the impacts reasonably expected to be generated by the development or use of the site. Any such conditions should relate to the impact of the proposed use on surrounding property, support facilities (such as parking areas and driveways), pedestrian and vehicular circulation systems, screening and buffering areas, timing of development, road and right-of-way improvements, water and sewer improvements, stormwater drainage, provision of open space, and other matters that the Commissioners may find appropriate or the applicant may propose. Such conditions to approval of the petition may include dedication to the County, State or other public entity, as appropriate, of any rights-of-way or easements for roads, water, sewer, or other public utilities necessary to serve the proposed development. The applicant shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the Board of Commissioners. Only those conditions mutually approved by the Board of Commissioners and the applicant may be incorporated into the petition through written consent.

If a petition for conditional zoning is approved, the development and use of the property shall be governed by the existing Chapter requirements applicable to the special requirements for approved use or uses, the approved site plan for the district, and any additional approved rules, regulations, and conditions, all of which shall constitute zoning regulations for the approved district and are binding on the property as an amendment to these regulations and to the Official Zoning Map.

Only those uses and structures indicated in the approved petition and site plan shall be allowed on the subject property. A change of location of the structures may be authorized pursuant to §42-50 (Alterations to Approval). Changes to the site plan layout shall not increase the number of structures.

Following the approval of the petition for a Conditional Zoning District, the subject property shall be identified on the Official Zoning Map by the appropriate district designation. A conditional zoning shall be identified by the letters "CD" then followed by the calendar year and application number  (for example “CD-2019-01”). Approved conditions shall be recorded with the approved site plan in the registered of deeds office

Except as provided herein, changes to an approved petition or to the conditions attached to the approved petition shall be treated the same as minor modifications to these regulations or to the Official Zoning Map and shall be processed in accordance with the procedures of this Chapter.

The Planning Director or designee shall have the delegated authority to approve a minor modification to an approved site plan. The standard for approving or denying such a minor modification shall be that the change does not significantly alter the site plan or its conditions and that the change does not have a significant impact upon abutting properties. Any decision must be in writing stating the grounds for approval or denial.

For nonresidential development, an increase in the intensity of the development is limited to ten (10) percent of the approved structure size or 1,000 square feet, whichever is less. For residential development minor modifications are permitted in the conditional district standards that do not involve a change in uses permitted or the density of overall development permitted, may be reviewed and approved by the Planning Director.

The Planning Director, however, shall have the discretion to decline to exercise the delegated authority either because of uncertainty about approval of the change pursuant to the standard or because Board of Commissioner consideration and public hearing is deemed appropriate under the circumstances. If the Planning Director declines to exercise this authority, the applicant may request a map amendment as permitted by this Chapter.

It is intended that property shall be reclassified to a Conditional Zoning District only in the event of firm plans to develop the property. Therefore, no sooner than three (3) years after the date of approval of the petition, the Planning Board may examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval. If the Planning Board determines that progress has not been made in accordance with the approved petition and conditions, the Planning Board shall forward to the Board of Commissioners a report, which may recommend that the property be classified to another district..

Overlay Zoning Districts are established to provide special additional development standards for specially identified areas such as the Water Supply Watershed. Certain Overlay Zoning Districts are also available to allow flexibility in design for certain types of developments. Overlay Zoning Districts combine with the regulatory provisions of the underlying General or Conditional Zoning Districts to provide additional or alternative standards. The districts listed in this Subpart D generally apply a higher degree of regulation to affected properties. In order to become effective, individual overlay districts must be adopted on the zoning map as an addendum to the underlying zoning district through a public hearing process. Affected properties will be subject to the standards of both the overlay and underlying districts.

The purpose of the Water Supply Watershed Protection Overlay District (WSWP) is to define the area of water supply watersheds within the County. The intent of the overlay district is to manage the uses of land and structures encompassed by water supply watersheds within the County in order to maintain the high quality of surface water in these watersheds; this being accomplished by enforcing standards that limit the impact from existing or potential sources of contamination through the regulation of average lot size and development intensity.

1. Scope. Land use within the WSWP overlay district must comply with all the requirements of both the underlying general use district and the applicable Water Supply Watershed overlay district classification. If a use or class of use is not specifically indicated as being permitted in a watershed area, such use or class of use is prohibited.
2. Establishment. This incorporates by reference the “Official Water Supply Watershed Map for Henderson County,” hereinafter “Official Water Supply Watershed Map,” and subsequent amendments thereto, showing all water supply watershed areas designated by the North Carolina Environmental Management Commission, hereinafter NCEMC. The Official Water Supply Watershed Map shall be maintained by the Planning Director and kept in the Planning Department. The water supply watershed map shall also be shown on and become part of the Official Zoning Map for the County. The rules of interpretation for the boundaries of the map (see §42-239.3 (Interpretation of Boundaries of the Water Supply Watershed Map)) apply. In addition, where any WSWP overlay district boundaries lie at a scaled distance of more than 25 feet from any parallel lot line, the location of these map boundaries shall be determined by using the scale of the map.
3. Application of Regulations.
   1. General Application. No structure or land shall hereafter be used and no development shall take place in the WSWP overlay district except in conformity with the regulations herein specified for the watershed sub-district in which it is located. All development must minimize built-upon surface area; direct stormwater away from surface waters; and incorporate best management practices to minimize water quality impacts. No area required for the purpose of complying with the provisions of this Article shall be included in the area required for another building.
   2. Exceptions.
      
      1. Existing Development. Existing development shall be subject to the regulations contained in §42-294 (Nonconforming Lots). Expansions to structures classified as “existing development” must meet the requirements of this subsection; however, the built-upon area of the existing development is not required to be included in density calculations.
      2. Lots Created as Part of Any Ordinance. Any lot or parcel created as part of any subdivision that is exempt from the requirements of this Chapter shall be subject to the land use requirements (including impervious surface requirements) of this subsection, except that such lot or parcel must meet the minimum stream buffer requirements of §42-250 (Perennial and Intermittent Surface Water Buffers) to the maximum extent practicable.
      3. Cemetery Lots. The division of a tract into plots or lots used as a cemetery.
4. Sub-Districts and Sub-District Regulations.
   1. General. The regulations of this subsection shall apply uniformly to each class or kind of structure or land located within any of the enumerated sub-district classifications. Within the sub-districts as established below, the requirements set forth in this subsection shall be complied with in addition to any other applicable general or special requirements of this Chapter.
   2. Impact on Water Quality and Public Health. No activity, situation, structure or land use shall be allowed within a WSWP overlay sub-district that poses a threat to water quality and/or the public health, safety and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality. The Water Quality Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. Where such activities are found, the Water Quality Administrator shall take any appropriate action or proceeding to restrain, correct or abate the condition and/or violation.
   3. Water Supply Watershed Protection Sub-Districts and District Purposes. Sub-districts include:
      
      1. WP-WS-I North Fork of Mills River and Bradley Creek Watershed Overlay Sub-District. The intent of the sub-district is to provide maximum protection for water supplies within essentially natural and undeveloped watersheds in public ownership by allowing only low- intensity uses. Impacts from nonpoint source pollution shall be minimized.
      2. WP-WS-II-CA Mills River Critical Area Watershed Overlay Sub-District. The intent of the sub-district is to maintain a predominately undeveloped land use intensity pattern allowing only very low-density developments.
      3. WP-WS-II-BW Colt Creek and Mills River Balance of the Watershed Overlay Sub- Districts. The purpose of the sub-district is to maintain predominately undeveloped land use intensity. Projects in this sub-district must, to the maximum extent practicable, minimize built-upon surface area; direct stormwater away from surface waters; and incorporate best management practices to minimize water quality impacts.
      4. WP-WS-III-CA Lower Mills River Critical Area Watershed Overlay Sub-District. The purpose of the sub-district is to maintain a predominantly undeveloped land use intensity pattern.
      5. WP-WS-III-BW Lower Mills River Balance of Watershed Overlay Sub-District. The intent of the sub-district is to maintain predominantly underdeveloped land use intensity. Projects in this sub-district must, to the maximum extent practicable, minimize built-upon surface area; direct stormwater away from surface waters; and incorporate best management practices to minimize water quality impacts.
      6. WP-WS-IV-CA Upper French Broad River Critical Area Watershed Overlay Sub-District. Only new development activities that are required by this Chapter to submit a soil erosion and sedimentation control plan because one or more acres of land have been disturbed are required to meet the provisions of this Chapter related to water supply watershed when located in a WS-IV watershed. New development activities within this sub-district that do not require a soil erosion and sedimentation control plan are not required to meet the water supply watershed provisions of this sub-district.
      7. WP-WS-IV-PA Upper French Broad River Protected Area Watershed Overlay Sub-District. The intent of the WP-WS-IV-PA Upper French Broad River watershed overlay sub-district is to provide protection for water quality while accommodating moderate to high land use intensity. Development projects undertaken within this sub-district may qualify for an exemption from the density and built-upon limits as set out in this section if the project meets the criteria outlined in §42-60 (Water Supply Watershed Protection Overlay District (WSWP) D (Sub-Districts and Sub-District Regulations) (6) Sedimentation and Erosion Control Exemption. For projects implementing a natural drainage and filtering system within the low-density option the built-upon limitations indicated herein below shall apply. If stormwater runoff is filtered naturally and is not passed by gutters, drains, pipes, paved swales or other similar conduits, qualification for a natural drainage and filtering system bonus shall not impose a more stringent requirement than the provisions of this Chapter regulating the subdivision of land, or the North Carolina erosion and sedimentation control permit requirements.
   4. Water Supply Watershed Protection Sub-District Regulations on Density, Built-Upon Area, Setbacks, and Stormwater.
      
      1. Low Density Option.
         1. Engineered Stormwater Controls. Not required.
         2. Average Lot Size. Average lot size shall apply to single-family development and shall be calculated excluding road right-of-way as per Table 2.14.
         3. Maximum Percent Built-Upon Limits. Maximum percent built-upon limits shall apply to multifamily residential and nonresidential development as per Table 2.14. For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.
         4. Perennial and Intermittent Surface Water Buffers. 30 feet (See §42-250 (Perennial and Intermittent Surface Water Buffers).
      2. High-Density Option. Where new development exceeds average lot size requirements or percent built-upon area under the low-density option, the development shall be considered high-density.
         1. Engineered Stormwater Controls. High-density projects are required to control runoff from the first inch of rainfall over a 24-hour period. Stormwater controls shall adhere to the requirements of §42-239 (Stormwater Management Regulations) and §42-240 (Structural and Nonstructural Stormwater BMPs Maintenance).
         2. Maximum Percent Built-Upon Limits. New high-density development shall not exceed the prescribed percent built-upon area as per Table 2.14.
         3. Perennial and Intermittent Surface Water Buffers. The requirements of §42-250 (Perennial and Intermittent Surface Water Buffers) shall apply and shall be expanded to a minimum of 100 feet landward of all perennial surface waters.
         4. Total Suspended Solids Removal Requirement. Stormwater controls shall be designed to remove 85% of TSS.

      Table 2.14. Water Supply Watershed Protection Sub-District Regulations on Density and Built-Upon Area
      Sub-District	Low-Density Option		High-Density Option	Natural Drainage & Filtering Bonus
      	Average Lot Size	Maximum Percent Built-Upon Limits	Maximum Percent Built-Upon Limits
      WP-WS-I	Not Applicable	Not Applicable	Not Applicable	Not Applicable
      WP-WS-II-CA	80,000 sq ft.	6%	24%	Not Applicable
      WP-WS-II-BW	40,000 sq ft.	12%	30%	Not Applicable
      WP-WS-III-CA	40,000 sq ft.	12%	30%	Not Applicable
      WP-WS-III-BW	20,000 sq ft.	24%	50%	Not Applicable
      WP-WS-IV-CA	20,000 sq ft.	24%	50%	Not Applicable
      WP-WS-IV-PA	20,000 sq ft. (14,250 sq ft.)	24% (36%)	70%	Yes (Low-Density Option)

   5. Water Supply Watershed Protection Sub-District Permitted Uses. Table 2.15 outlines specifically prohibited uses within each sub-district. Table 2.16 provides specifically permitted uses within each sub-district, with additional standards required as a result of water supply watershed designation. Any proposed permitted use herein must also be permitted by the underlying general use district(s) (See §42-61 (Table of Permitted and Special Uses).
      

      Table 2.15. Water Supply Watershed Protection Sub-District Prohibited Uses
      Use Type	WP WS Sub-District PR = Prohibited
      	I*	II CA	II BW	III CA	III BW	IV CA	IV PA
      LandFills	PR	PR		PR		PR
      Landfills, Discharging	PR		PR
      Landfill, Leachate Discharging	PR				PR
      Nonresidential Development	PR
      Residential Development	PR
      Sites for land application of new residuals or petroleum contaminated soils	PR	PR		PR		PR
      *Note: The only uses permissible in the WP-WS-I district are noted in Table 2.16, Water Supply Watershed Protection Sub-District Permitted Uses with additional standards

       

      Table 2.16. Water Supply Watershed Protection Sub-District Permitted Uses Additional Standards for Permitted Uses
      Use Type	WP WS Sub-District P=Permitted, PAS=Permitted with Additional Standards
      	I	II CA	II BW	III CA	III BW	IV CA	IV PA
      Agriculture, Subject to provisions of the Food Security Act of 1985 and Food, Agriculture, Conservation and trade Act of 1990 and all rules and regulations of the Soil and Water Conservation Commission.	PAS	PAS		PAS		PAS
      Agriculture, Subject to provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990.			PAS		PAS		PAS
      Power Transmission Lines	P
      Restricted Road Access	P
      Silviculture, Subject to the provisions of the Forest Practices Guidelines Related to Water Quality.	PAS	PAS	PAS	PAS	PAS	PAS	PAS
      Water Withdrawal, Treatment and Distribution Facilities	P

   6. Sedimentation and Erosion Control Exemption.
      
      1. Qualifying Criteria. Development projects undertaken within a WP-WS-IV-PA Upper French Broad River watershed overlay sub-district may qualify for an exemption from the density and built-upon limits as set out in this section if the project meets all of the following criteria:
         1. Requirement for Sedimentation and Erosion Control Plan. The development project does not require a sedimentation and erosion control plan and permit under the rules and regulations promulgated by the North Carolina Sedimentation Control Commission.
         2. Nonresidential. The development is nonresidential.
         3. Initial Development Activity. The development is the initial development activity on the project site or tract and is not an expansion of any improvements already existing on the project site or tract having a built- upon area as defined in this subsection.
      2. Evaluation of Criteria. In evaluating whether the development project meets the criteria listed above for the sedimentation and erosion control exemption, the following rules shall apply:
         1. Exemption Limitations. The exemption shall not be available to nonresidential subdivisions, nonresidential cluster development(s) or nonresidential development projects being developed in phases.
         2. Residential Developments. The exemption shall not be available for single-family or any other residential development projects, including general home occupations.
         3. Discontinuance of Construction. If construction of the development project is discontinued for a period of time in excess of 180 consecutive calendar days, any further construction shall be considered an expansion to improvements already existing on the project site or tract. Any such further construction shall meet the requirements of this subsection. However, only the built-upon area of said further construction and the remainder of the project site or tract shall be used in the density calculations.
         4. Damage and Destruction. Any exempted development project may be repaired/reconstructed if damaged or destroyed. Any such reconstruction or repair shall not be considered an expansion of an improvement already existing, provided that the repair/reconstruction restores the building or built-upon area to substantially the same condition and built-upon area as before any such damage or destruction. To the extent that any such repair/reconstruction enlarges the impervious surface associated with the building or built-upon area being repaired/reconstructed, the repair/reconstruction shall be considered an expansion to an exempted development project and shall be required to meet the density and built-upon limits contained in this subsection in accordance with subsection c.
      3. Exempted Expansions. Expansions to development projects which were exempted under the terms listed above shall not be exempted from the terms of this section. All such expansions shall be required to meet the requirements of this section. However, only the built-upon area of the expansion and the undeveloped area of the project site or tract shall be used in the density calculations.
5. Mixed-Use Development. In cases where both residential and nonresidential uses are proposed for one (1) lot in single ownership, such mixed-use developments may be permitted without further subdivision of the lot. However, each use must adhere to its respective density/built-upon area requirements. For purposes of this subsection, home occupations shall, be considered as residential uses.
6. Existing Development.
   1. Existing Development. Existing development may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as “existing development” must meet the requirements of this section; however, only the built-upon area of the expansion and the undeveloped area of the lot are used in the built-upon calculations.
   2. Existing Vacant Lots. Existing vacant lots are lots for which plats or deeds have been recorded as of May 23, 1994 in the office of the Register of Deeds of Henderson County. An existing lot may be used for any of the uses allowed in the watershed area in which it is located provided that where the lot size is less than the minimum specified in this subsection; the Water Quality Administrator is authorized to issue a permit.
   3. Use of Land. Uses of land existing at the time of the initial adoption of watershed regulations for a particular area and where such use of the land is not permitted to be established hereafter in the watershed area in which it is located may be continued in accordance with this Chapter (see Article VIII Subpart B (Water Supply Watershed Protection)).
   4. Reconstruction of Buildings or Built-upon Areas. Any existing building or built-upon area not in conformance with the restrictions of this subsection that has been damaged or removed may be repaired and/or reconstructed, provided that the following are complied with:
      
      1. Repair or reconstruction is initiated within 12 months and completed within two (2) years of such damage.
      2. The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.

Table of Permitted Uses

USE TYPE	GENERAL USE DISTRICT P=Permitted; S=Special Use Permit
	R1	R2	R2R	R3	R4	OI	LC	CC	RC	I	SR
1. RESIDENTIAL USES
Assisted Living Residence	S	S	S	S	S	P	P	P	P		1.1
Bed and Breakfast Inn	P	P	P	P	P	P	P				1.2
Continuing Care Retirement Community	S	S	S	S	S	P	P	P	P		1.3
Dwelling, Manufactured Home (multi-section)	P	P	P	P	P		P				1.4
Dwelling, Manufactured Home (singlewide)			P	P	P						1.4
Dwelling, Mobile Home			P	P	P						1.4
Dwelling, Multifamily	S	S	S			S	S	S			1.5
Dwelling, Single Family Detached	P	P	P	P	P		P				1.6
Dwelling, Two Family Attached	P	P	P	P	P	P	P				1.7
Family Care Home	P	P	P	P	P	P	P				1.8
Fraternity and/or Sorority House	P					P					1.9
Hospice Residential Care Facility	S	S	S	S	S	P	P	P			1.10
Manufactured Home Park			S	S	S						1.11
Nursing Home	S	S	S	S	S	P	P	P	P		1.12
Personal Storage Structure	P	P	P	P	P	P	P	P	P	P	1.13
Rooming and Boardinghouse	S	S	S	S	S		P	P			1.14
2. ACCESSORY USES
Childcare Facility (as an accessory for a principal business)			S	S	S	P	P	P	P	P	2.1
Drive-Thru Window				S	S	P	P	P	P		2.2
Dumpster(s)	P	P	P	P	P	P	P	P	P	P	2.3
Dwelling, Single-Family (as an accessory for a principal business)			P	P	P	P	P	P			2.4
Fuel Pumps			S	S	S		P	P	P	P	2.5
Home Occupation, Adult Day Care	P	P	P	P	P		P				2.6
Home Occupation, Childcare Facility	P	P	P	P	P		P				2.7
Home Occupation, General	P	P	P	P	P	P	P				2.8
Home School	P	P	P	P	P	P	P	P	P	P	-
Outdoor Storage <5000 sq ft			S	P	P		S	P	P	P	2.9
Outdoor Storage >5000 sq ft			S	S	S			S	P	P	2.10
Rural Family Occupation			P	P	P						2.11
Solar Panels	P	P	P	P	P	P	P	P	P	P	2.12
3. ACCESSORY STRUCTURES
Airport (Private Accessory)				S	S					S	3.1
Automatic Teller Machine						P	P	P	P	P	3.2
Boathouse, Private	P	P	P	P	P						3.3
Bulkhead	P	P	P	P	P						3.4
Carport	P	P	P	P	P	P	P				-
Dock/Pier	P	P	P	P	P	P					3.5
Dwelling, Accessory Residential	P	P	P	P	P	P	P				3.6
Garage, Residential	P	P	P	P	P	P	P				-
Gate and/or Guardhouse	P	P	P	P	P	P	P	P	P	P	3.7
Greenhouse	P	P	P	P	P	P	P	P	P	P	3.8
Heliport (Private Accessory)		S	S	S	S	P			P	P	3.9
Loading Bay				S	S	P	P	P	P	P	-
Outdoor Sale Display Areas							P	P	P		3.10
Parking Garage						P		P	P	P	3.11
Planned Seasonal Agricultural Worker Development	P	P	P	P	P	P	P	P	P	P	3.12
Produce Stand, Accessory	P	P	P	P	P	P	P	P	P	P	3.13
Satellite Dish	P	P	P	P	P	P	P	P	P	P	-
Storage Shed	P	P	P	P	P	P	P	P	P	P	3.14
Swimming Pool, Spa, Hot Tub, Residential	P	P	P	P	P	P	P				-
Wastewater Treatment Plant, Small Accessory	P	P	P	S	S	P	P	P	P	P	3.15
Wind Mill/Turbine, Accessory < 40 ft height	S	S	S	S	S	S	S	S	S	S	3.16
Wind Mill/Turbine, Accessory > 40 ft height		S	S	S	S	S	S	S	S	S	3.17
4. RECREATIONAL USES
Amusement Park										S	4.1
Camp	P	P	P	P	P	P	P	P	P		4.2
Campground	S	S	S	S	S						4.3
Camping, Low Impact	P	P	P	P	P	P	P	P	P	P	4.4
Coin Operated Amusements							P	P	P		4.5
Common Area Recreation and Service Facilities	P	P	P	P	P	P	P				4.6
Golf Course and/or Country Club	P	P	P	P	P	P	P	P	P		4.7
Governmental Recreational Facilities	P	P	P	P	P	P	P	P	P		4.8
Marina		S	S	S	S		P	P			4.9
Miniature Golf Course or Driving Tees/Ranges (operated for commercial purposes)	S	S	S	S	S	S	P	P	P		4.10
Motor Sports Facility, Major										S	4.11
Motor Sports Facility, Minor										S	4.12
Motor Sports Facility, Recreational								S	S	S	4.13
Park	P	P	P	P	P	P	P	P	P	S	4.14
Recreational Facilities (Indoor/Outdoor)	S	S	S	S	S	S	S	P	P	S	4.15
Recreational Vehicle Park	S	S	S	S	S		P	P			4.16
Riding Stables	P	P	P	P	P		P	P			4.17
Commercial Shooting Ranges, Indoor			P	P	P	P	P	P	P	P	4.18
Commercial Shooting Ranges, Outdoor			P	P	P	P	P	P	P	P	4.19
5. EDUCATIONAL AND INSTITUTIONAL USES
Adult Day Care Facility	P	P	P	P	P	P	P	P			5.1
Ambulance Services	P	P	P	P	P	P	P	P	P	P	5.2
Cemetery, Family	P	P	P	P	P						5.3
Cemetery/Mausoleum/Columbarium (excluding crematoriums)	P	P	P	P	P	P	P	P	P	S	5.4
Childcare Facility	P	P	P	P	P	P	P	P	P	S	5.5
Club/Lodge	P	P	P	P	P	P	P	P	P	S	5.6
College or University						P		P	P		5.7
Community Club	P	P	P	P	P	P	P	P	P		5.8
Correctional Facilities										S	5.9
Fire and Rescue Station	P	P	P	P	P	P	P	P	P	P	5.10
Funeral Home or Crematorium						P	P	P	P		5.11
Government Offices						P	P	P	P	S	5.12
Homeless Shelter						P		S	P		5.13
Hospital						P		P	P		5.14
Museum/Library/Archive	S	S	S	S	S	P	P	P	P		5.15
Place of Assembly, Large						S	P	P	P	S	5.16
Place of Assembly, Small	S	S	S	S	S	P	P	P	P	S	5.17
Police Station	S	S	S	S	S	P	P	P	P	P	5.18
Religious Institution	P	P	P	P	P	P	P	P	P	S	5.19
School (Home)	P	P	P	P	P	P	P				-
School (Public/Private/Charter)	P	P	P	P	P	P	P	P	P		5.20
Youth Center	S	S	S	S	S	P	P	P	P		5.21
Animal Shelter							S	S	P		6.1
Automobile and Equipment Service			S	S	S		P	P	P	S	6.2
Automotive Towing									P	S	6.3
Broadcasting and Communications Facilities						P	P	P	P	S	6.4
Car Wash							P	P	P		6.5
Exterminating and Pest Control Services				S	S		P	P	P	S	6.6
Kennel		S	S	S	S		S	S	P		6.7
Motel/Hotel							S	P	P		6.8
Office: Business, Professional and Public			S	P	P	P	P	P	P		6.9
School (Technical, Trade and Business)						P	P	P	P	S	6.10
Theater, Drive-In								P	P		6.11
Urgent Care Clinic	S	S	S	S	S	P	P	P	P		6.12
7. RETAIL TRADE
Adult Book and Retail Merchandise Store										S	7.1
Adult Theatre and Live Entertainment										S	7.2
Cinema Complex								P	P		7.3
Convenience Store						P	P	P	P	S	7.4
Entertainment Complex									P		7.5
Flea Market									P		7.6
Fuel Oil Distribution and Sales										S	7.7
Landscaping Materials Sales and Storage			S	S	S		S	P	P	S	7.8
Manufactured/Mobile Home Sales									P	S	7.9
Motor Vehicle Sales or Leasing							S	S	P		7.10
Open Air Market	S	S	S	S	S		S	S	P		7.11
Parking Garage or Lot (requiring payment)									P	S	7.12
Produce Stand	P	P	P	P	P	P	P	P	P		7.13
Retail Sales and Services <50,000 sq ft (of gross floor area)						P	P	P	P		7.14
Retail Sales and Services >50,000 <100,000 sq ft (of gross floor area)								P	P		7.15
Retail Sales and Services >100,000 <150,000 sq ft (of gross floor area)									P		7.16
Retail Sales and Services >150,000 sq ft (of gross floor area)									S		7.17
Shopping Mall									S		7.18
Truck Stop									S	S	7.19
8. WHOLESALE TRADE
Wholesale Trade								P	P	S	8.1
9. TRANSPORTATION, WAREHOUSING AND UTILITIES
Airport (Private)										S	9.1
Airport (Public)										S	9.2
Communication Facilities, Category 1	P	P	P	P	P	P	P	P	P	P	9.3
Communication Facilities, Category 2	P	P	P	P	P	P	P	P	P	P	9.3
Communication Facilities, Category 3										S	9.3
Hazardous Waste Disposal Facilities										S	9.4
Land Clearing Debris and Inert Debris Storage or Disposal			S	S	S					S	9.5
Rail Transportation Facilities and Support Activities										P	9.6
Self-Storage Warehousing			S	S	S	S	S	P	P		9.7
Septic Tank and Related Services				S	S					S	9.8
Solar Energy Generation Facility < 30 acres	S	S	P	P	P	P	P	P	P	P	9.9
Solar Energy Generation Facility > 30 acres			S	S	S	S	S	S	S	S	9.9
Solid Waste Combustors and Incinerators										S	9.10
Solid Waste Facility, County Owned/Operated	P	P	P	P	P	P	P	P	P	P	9.11
Transit and Ground Passenger Transportation								S	S	S	9.12
Truck Terminals										P	9.13
Utility Substation	P	P	P	P	P	P	P	P	P	P	9.14
Warehousing and Storage (Excluding Warehousing of Hazardous Substances)								P	P	P	9.15
Waste Collection and Transfer Facility (Hazardous)										S	9.16
Waste Collection and Transfer Facility (Non-hazardous)	S	S	S	S	S	S	S	S	S	S	9.17
Wastewater Treatment Plant	S	S	S	S	S	S	S	S	S	P	9.18
Water Treatment Plant	S	S	S	S	S	S	S	S	S	P	9.19
10. MANUFACTURING & INDUSTRIAL USES
Asphalt Plant										S	10.1
Battery Manufacturing Facility										S	10.2
Chip Mill										S	10.3
Concrete Batch Plant										S	10.4
Cryptocurrency Mining Operation(s)										S	10.5
Junkyard										S	10.6
Landfill, Public or Private										S	10.7
Machining and Assembly Operations <10,000 sq ft (of gross floor area)			S	S	S		P	P	P	P	10.8
Machining and Assembly Operations >10,000 sq ft (of gross floor area)										P	10.8
Manufacturing and Production Operations <10,000 sq ft (of gross floor area)			S	S	S		P	P	P	P	10.9
Manufacturing and Production Operations >10,000 sq ft (of gross floor area)										P	10.9
Materials Recovery Facilities (Recycling)										P	10.10
Mining and Extraction Operations, Existing (Prior to 2007)	P	P	P	P	P	P	P	P	P	P	10.11
Mining and Extraction Operations, New (After 2007)										S	10.11
Packaging and Labeling Services										P	10.12
Pesticide, Fertilizer and Other Agricultural Chemical Manufacturing										S	10.13
Product Processing and Storage Facilities										P	10.14
Recycling Centers, Drop-Off Facilities	P	P	P	P	P	P	P	P	P	P	10.15
Research and Development Operations (Hazardous or Biological Materials)										P	10.16
Research and Development Operations (Non-hazardous)							P	P	P	P	10.17
Sawmill				P	P					P	10.18
Slaughterhouse										P	10.19
Truck Wash									P	P	10.20
11. TEMPORARY USES
Christmas Tree Lot Sales	P	P	P	P	P	P	P	P	P		11.1
Circuses, Carnivals, Fairs, Religious Services (or similar types of events)			S	S	S		P	P	P	P	11.2
Model Home Sales Office, Temporary	P	P	P	P	P	P	P	P	P		11.3
Movie Production	P	P	P	P	P	P	P	P	P	P	-
Portable Sawmill			P	P	P						11.4
Special Events between 250 and 499 persons	P	P	P	P	P	P	P	P	P	P	11.5
Special Events greater than 500 persons	P	P	P	P	P	P	P	P	P	P	11.6
Temporay Debris Storage and Reduction Sites (TDSRs)	P	P	P	P	P	P	P	P	P	P	11.7
Temporaty Housing Post Disaster Declaration	P	P	P	P	P	P	P	P	P	P	11.8
Yard Sale	P	P	P	P	P	P	P	P			11.9
12. TEMPORARY STRUCTURES
Portable Storage Container	P	P	P	P	P	P	P	P	P	P	12.1
Produce Stand, Temporary	P	P	P	P	P	P	P	P	P	P	12.2
Temporary Construction Project Buildings	P	P	P	P	P	P	P	P	P	P	12.3
Tent Sale							P	P	P	P	12.4
13. AGRICULTURAL USES
Agriculture	P	P	P	P	P	P	P	P	P	P	-
Food Manufacturing	P	P	P	P	P	P	P	P	P	P	-
Forestry	P	P	P	P	P	P	P	P	P	P	-
Forestry Support Services	P	P	P	P	P	P	P	P	P	P	-
Veterinary Services (livestock)	P	P	P	P	P	P	P	P	P	P	-

The regulations of this section directly correlate with the Table of Permitted and Special Uses, which contains a column on the far right labeled “SR” for Supplemental Requirements. In any case where a use listed in the Table has a number in the SR column opposite the use, the use must comply with the additional requirements found in this section.

SR 1.1. Assisted Living Residence

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Accessibility. Roads shall be maintained for motor/emergency vehicle access (in accordance with 10A NCAC 13F .0303).
4. Certification, Licensure and Permitting. Certificate of Need (in accordance with NCGS §131E-178) required (where required for the specific facility type by the state).
5. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).

SR 1.2. Bed and Breakfast Inn

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Certification, Licensure and Permitting. No person shall operate a bed and breakfast inn who does not possess a valid permit from the Department of Environmental Health and Natural Resources (in accordance with 15A NCAC 18A .3002 (a)).
3. Size. The total number of guest rooms in a bed-and-breakfast inn shall not exceed 12 (in accordance with NCGS §130A-247 (6)).
4. Structure. The bed-and-breakfast inn shall contain at least:
   1. One (1) bathroom for every two (2) bedrooms (guestrooms) (in accordance with 15A NCAC 18A .3009 (a)); and
   2. One (1) kitchen facility.
5. Residential Character. The inn shall be located in a structure originally constructed as and adhering to, the standards of a single-family dwelling.
6. Operations. The inn shall (in accordance with NCGS §130A-247 (6)):
   1. Be the permanent residence of the owner and/or manager of the business (or such owner and/or manager may live on site in an accessory structure);
   2. Not serve food or drink to the general public for pay;
   3. Serve only the breakfast meal, and that meal served only to overnight guests of the business;
   4. Include the price of breakfast in the room rate; and
   5. Be permitted to contain a home occupation and adhere to the additional standards outlined therefore (see SR 2.8 (Home Occupation, General))

SR 1.3. Continuing Care Retirement Community

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Operations. Where the continuing care retirement community contains a dwelling(s), nursing home, assisted living residence, or hospice residential care facility, these facilities shall adhere to the additional standards outlined for those uses.

SR 1.4. Dwelling, Manufactured/Mobile Home (multi-section/singlewide)

1. Site Plan. Minor Site Plan required in accordance with §42-329 (Minor Site Plan Review).
2. Manufactured Home Park. Where three (3) or more manufactured homes are desired, this shall be considered a manufactured home park and shall adhere to the standards outlined in SR 1.11 (Manufactured Home Park).
3. Mobile homes shall adhere to the following. The movement of pre-1976 manufactured homes (hereinafter “mobile homes”) into the County shall not be permitted. Pre-1976 mobile homes currently located within the County may be installed, moved or relocated provided:
   1. The mobile home is not currently located within a manufactured home park;
   2. Relocation shall only be to an approved manufactured home park; and
   3. A permit has been issued by the Zoning Administrator authorizing such installation.

Where the mobile home is set up within a manufactured home park the mobile home may be sold but cannot be relocated and installed elsewhere within the County.

1. Any singlewide manufactured home which: (1) was manufactured after 1976 (HUD approved), (2) has been located in Henderson County prior to the initial adoption of this Chapter (September 19, 2007) and (3) do not meet the appearance criteria provided in this SR 1.5 (Dwelling, Manufactured/Mobile Home) may be moved provided said manufactured home is:
   1. Installed to meet the criteria of Section (5) (subsections e, f, and g only), and
   2. Moved to either of the following locations:
      1. A space in an existing (as of September 19, 2007) manufactured home park; or
      2. A lot in the R2R, R3, or R4 zoning district which permits the placement of new singlewide manufactured homes.
2. All singlewide manufactured/mobile homes shall:
   1. Have a length which does not exceed five (5) times the width, (excluding additions);
   2. Have a width of at least 14 feet;
   3. Have a roof pitch with a minimum vertical rise of three (3) feet for each 12 feet of horizontal run. The roof shall be finished with a type of shingle that is commonly used in standard residential construction;
   4. Have exterior siding which consists predominantly of vinyl or aluminum lap siding whose reflectivity does not exceed that of flat white paint; or wood or hardboard, comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;
   5. Be placed on the lot in harmony with the existing neighboring site-built structures. Where no neighboring structures are available for comparison, the manufactured home shall be sited with the front running parallel to the road providing access to the site. On corner lots the side with the greatest road frontage shall be considered the front. On cul-de-sacs the home shall be sited with the front running parallel to the road access;
   6. Have the towing tongue removed upon final placement of the unit; and
   7. Have underpinning, deck/porch and permanent steps in accordance with the following. Underpinning shall be:
      1. Provided along the entire perimeter of each home from the ground to the bottom of the structure;
      2. Comprised of material manufactured for this purpose in accordance with standards set by the state regulations for manufactured/mobile homes. Commonly recognized building materials suitable for use as underpinning shall include but not be limited to the following: brick, concrete block; natural or synthetic stone masonry; or masonite or vinyl siding. Assemblies, products and materials manufactured expressly for the purpose of underpinning shall be installed in accordance with the manufacturer's specifications; and
      3. Vented in accordance with the state regulations for manufactured/mobile homes.

                   Deck(s) or porch (es) shall be:

1. Provided steps;
2. Located in the front of the home;
3. A minimum of 36 square feet where over 36 square feet and where over 36 square feet, it must meet volume VII of the state residential building code; and
4. Installed and constructed in accordance with the standards set by the state regulations for manufactured/mobile homes or, when applicable, volume VII of the state residential building code.

Steps shall be installed and constructed in accordance with the standards set by the state regulations for manufactured/mobile homes or, when applicable, volume VII of the state residential building code.

All doublewide and multi-sectioned manufactured homes shall:

1. Have a length not exceeding four (4) times the building width;
2. A main roof pitch with a minimum rise of four (4) feet for each twelve (12) feet of horizontal run. The roof shall be finished with a type of shingle that is commonly used in standard residential construction;
3. Have exterior siding which consists predominantly of vinyl or aluminum lap siding whose reflectivity does not exceed that of flat white paint; or wood or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;
4. Be placed on the lot in harmony with the existing site-built structures. Where no neighboring structures are available for comparison, it shall be sited with the front running parallel to the road providing access to the site. On corner lots the side with the greatest road frontage shall be considered the front. On cul-de-sacs the home shall be sited with the front of the home being parallel to the road access;
5. The towing tongue shall be removed upon final placement of the unit; and
6. Have a foundation, underpinning, deck/porch, and permanent steps in accordance with the following. Foundations shall be brick, concrete block or other masonry foundation. Underpinning shall be:
   1. Commonly recognized masonry building materials suitable for use as underpinning which shall include the following: brick, concrete block with stucco; or natural or synthetic stone masonry. Vinyl siding or metal underpinning shall not be allowed. Assemblies, products and materials manufactured expressly for the purpose of underpinning shall be installed in accordance with the manufacturers' specifications; and
   2. Continuous and unpierced except for ventilation as required by the state regulations for manufactured/mobile homes;

Decks or porches shall be:

1. Provided steps;
2. Located in front of the home;
3. A minimum of 36 square feet and, where larger than 36 square feet, it must meet Volume VII of the state residential building code;
4. Supported by a foundation constructed of materials compatible with the underpinning on the outer perimeter of the foundation; and
5. Installed and constructed in accordance with the standards set by the state regulations for manufactured/mobile homes or, when applicable, Volume VII of the state residential building code.

Steps shall be installed and constructed in accordance with the standards set by the state regulations for manufactured/mobile homes or, when applicable, Volume VII of the state residential building code.

1. A manufactured/mobile home shall be setup in accordance with the standards set by the North Carolina Department of Insurance Regulations for manufactured/mobile homes.
2. A manufactured/mobile home shall not be used as a storage unit and shall only be occupied as a dwelling.

SR 1.5. Dwelling, Multifamily

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).

2. Subdivision. Multifamily dwellings may be allowed as part of a subdivision provided that a special use permit for the multifamily development is approved in conjunction with the required subdivision approval. If part of an approved subdivision, the individual dwelling units must be deeded and recorded.

3. Permitted Units Per Building. In the Residential 2 Rural (R2R) and Residential Two (R2) zoning districts, no more than three (3) dwelling units shall be contained within a single building or structure.

4. Multifamily dwellings of five (5) or more units:
   1. May be developed in phases.
   2. Shall have a minimum spacing between buildings of 20 feet, with an additional one (1) foot of separation for each one (1) foot of building height in excess of 30 feet.
   3. Shall have a maximum building length of 150 feet.
   4. May increase the building height to 50 feet where a B1 Buffer is provided as detailed in §42-167 (Buffer Determination)
   5. Shall adhere to the road standards required for a major subdivision in accordance with Article III, Subdivision Regulations, and shall be organized:
      1. To provide increased internal mobility;
      2. To provide safe and convenient access;
      3. In intersecting/grid patterns where possible; and
      4. Without cul-de-sacs (except where topographical considerations/ restrictions are submitted by the applicant).
   6. Shall have subsurface utilities.

   7. Shall have a perimeter setback of one hundred (100) feet in residential zoning districts including the Local Commercial (LC) zoning district.

5. Where a multifamily development is located along any road with current public transit access and such public transit authority approves the addition of a stop, such development shall provide a minimum of one (1) public transit access shelter for the use of occupants/patrons.
6. Solid Waste Collection. Solid waste collection systems must be installed and/or operated to meet all local and state statutes, ordinances and regulations and shall thereafter be certified by the Department of Public Health. Each development shall provide a suitable method of solid waste disposal (in accordance with Chapter 95 of the Henderson County Code, Solid Waste) and collection consisting of either private collection from individual uses or the use of dumpsters. Where dumpsters are used concrete pads shall be designed to drain to a bio-retention area to filter stormwater before the water reaches a larger drainage system, and Screen Class One (1), Two (2), or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).
7. Open Space. Open space shall be provided in perpetuity (perpetual easements or deed restrictions are required) equivalent to 20 percent of all lands within the development. This designated open space area shall not:
   1. Include more than 50 percent in primary conservation areas; and
   2. Be composed entirely of secondary conservation areas.
8. Common Area Requirements. A common area shall be provided that is equivalent to 10 percent of the total area. Common area shall be accessible for the use and enjoyment of the multifamily occupants/patrons, located as to be free of traffic hazards and maintained in good condition by the applicant.
9. Other Requirements. Due to the comprehensive nature of a multifamily project, there are several sections that must be consulted. Please refer to the following sections for more information on each facet of a multifamily project.
   1. See Article III for road design and construction standards, pedestrian facility standards, water and sewer requirements, and fire protection.
   2. See Article IV for traffic impact study and emergency services impact report requirements.
   3. See Article V for landscaping and buffering requirements.
   4. See Article VI for off-street parking and loading requirements.
   5. See §42-62 (Supplemental Requirements) for each land use.
   6. See Article VII for sign requirements.
   7. See Article XI for permitting procedures.
10. Neighborhood Compatibility Meeting. A neighborhood compatibility meeting is required when one hundred (100) or more units are proposed. See §42.372 Neighborhood Compatibility Meeting.

SR 1.6. Dwelling, Single-Family Detached

1. Site Plan. Minor Site Plan required in accordance with §42-329 (Minor Site Plan Review).

SR 1.7. Dwelling, Two Family Attached.

1. Site Plan. Minor Site Plan required in accordance with §42-329 (Minor Site Plan Review).

2. Multifamily Development. Where more than two (2) dwelling units is desired, this shall be considered a multifamily development which requires a special use permit and shall adhere to the standards outlined in SR 1.5 (Dwelling, Multifamily).

3. Subdivision. A two family attached dwelling may be allowed as part of a subdivision provided that a special use permit for the multifamily development is approved in conjunction with the required subdivision approval. If part of an approved subdivision, the individual dwelling units must be deeded and recorded.

SR 1.8. Family Care Home

1. Location. No new family care home (which includes, but is not limited to adult care homes, hospice residential care facilities, or nursing homes with two (2) to six (6) residents) shall be located within a one-half (½) mile radius of an existing family care home (see above) or homeless shelter (in accordance with NCGS §168-22).
2. Size. A family care home shall house a minimum of two (2) and a maximum of six (6) residents (in accordance with NCGS §160D-907(b)(1)).
3. Operations. Where the family care home is a nursing home or hospice residential care facility, these facilities shall adhere to the additional standards outlined for those uses.

SR 1.9. Fraternity and/or Sorority Houses

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Location. The fraternity or sorority house shall be permitted on a property abutting, with primary access to, or within one (1) mile of the college or university with which it is affiliated.
3. Residential Character. The fraternity or sorority house shall be located in a structure originally constructed as, or easily converted to, a single-family dwelling

SR 1.10. Hospice Residential Care Facility

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Certification, Licensure and Permitting. Certificate of Need (in accordance with NCGS §131E-178) required.
4. Accessibility. Roads shall be maintained for motor/emergency vehicle access (in accordance with 10A NCAC 13F .0303).
5. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).

SR 1.11. Manufactured Home Park

1. Site Plan. A Manufactured home park site plan shall be required in accordance with §42-328 (Manufactured Home Park Site Plan Review).
2. Establishing a Manufactured Home Park. Three (3) or more manufactured homes and/or manufactured home spaces on a tract shall be considered an MHP. Each applicant for an MHP shall choose a name for the MHP which shall not be substantially identical or so similar as to likely cause confusion among prospective residents to any other MHP or named community in Henderson County. An MHP site plan shall contain certification that the public records of Henderson County have been searched and the proposed MHP name meets the standards set forth in this Chapter. Single and doublewides are permitted as long as it is permitted in the use district.
3. Phasing. Manufactured home parks may be developed in phases of at least three (3) spaces, except where less than three (3) spaces remain to be developed on a tract.
4. Accessibility Requirements. A MHP shall be accessible by:
   1. A minimum of 30 feet in public road frontage; or
   2. A private right-of-way corridor (see Road Construction Standards) to the property measuring 30 feet in width at is narrowest point.

In no case shall a manufactured home space have direct access to a road outside the MHP except through those roads indicated on the MHP Site Plan.

1. Road Construction Standards. Roads shall be the responsibility of the MHP applicant. Road construction standards shall be determined by road classification as noted in Table 2.17.

Table 2.17. Manufactured Home Park Road Construction Standards
Requirements			Private Road Classification1
			MHP Private ROW Corridor		MHP Collector	MHP Service	Driveway
Number of Spaces Served2			25+	1-24	25+	1-24	1-3
Maximum Grade %		Paved Surface	16	18	16	18	-
		Stone Surface	12	12	12	12	-
Minimum Road Width (ft.)			20	20	18	18	10
Shoulder (ft.)			4	4	4	4	-
Stone Base (in.)	(ABC) Compacted3		8	6	8	6	6
	Crushed Stone4		-	-	-	-	3
Cut and Fill Slope			2:1	1.5:1	2:1	1.5:1	-
Ditch Slope			4:1	3:1	4:1	3:1	-
Vertical Clearance (ft.)5			13.5	13.5	13.5	13.5	-

<sup>1. Road Classification applicable within MHPs (MHP collector/service) shall not to be confused with Access Management Road Classifications. For purposes of setbacks, access management road classifications shall be used.
2. The number of spaces served shall be determined by the number of manufactured home spaces located on the road or by a driveway connected to the road
3. Aggregate Base Course, No. 7 stone.
4. On well-compacted sub-base.
5. Established to allow for the passage of emergency vehicles.</sup>

1. Roads shall be constructed:
   1. As internal roads;
   2. Along the contour of the land (where possible);
   3. Where the subgrade of a soil is capable of supporting the road above;              
   4. Using suitable stone which is properly compacted;
   5. So that water will drain from the road surface into the side ditches; and
   6. So that, where paved road sections meet stone-based road sections, such paved road shall extend 50 feet from any point where the grade exceeds the maximum for a stone-based road.
2. Roads shall be provided with appropriate drainage facilities that shall be constructed:
   1. In accordance with minimum State Road Standards;
   2. With ditches which have sufficient depth and width to carry the expected volume of stormwater runoff (ditches should utilize Best Management Practices for road swales (such as turf matting and vegetation) to control erosion and sedimentation, and to filter pollutants from stormwater runoff); and
   3. So that, where culverts are required for streams or minor watercourses, such culvert construction adheres to minimum State Road Standards.
3. Roads which serve ten (10) or more spaces, where intersecting roadways to facilitate emergency vehicles are not possible, shall be provided with culs-de-sac or turnarounds that shall be constructed:
   1. With a minimum 35 foot radius; and
   2. Using the same material required on the road of which it is part.

6. Parking Requirements. Parking shall be:

1. Provided at a rate of two (2) parking spaces per manufactured home space;
2. In the form of off-street or apron parking; and
3. Constructed using a minimum of three (3) inches of crushed stone on a well-compacted subbase, or six (6) inches of ABC compacted stone. Permeable paving or other paving alternatives are encouraged.

7. Sewer and Water Service Provision Requirements. The approval and installation of all sewage disposal system and water supply system improvements shall be in accordance with this Chapter. Water supply systems and sewage disposal systems must be installed and/or operated to meet all local and state statutes, ordinances and regulations and shall thereafter be certified by the Department of Public Health. The following shall apply:

1. Water. Each manufactured/mobile home in an MHP shall be supplied water from either an approved municipal water supply system or public water supply system. Individual water wells shall not be permitted in an MHP. An MHP shall connect to a municipal water supply system when the system is located within a distance equal to the product of 100 feet multiplied by the number of spaces proposed for the MHP. If an MHP is located more than 5,000 feet from an existing municipal water supply system, such connection shall not be required.
2. Sewage. Each manufactured/mobile home in an MHP shall be supplied with a hookup to a septic tank, approved public or community sewage disposal system or municipal sewage disposal system. An MHP shall connect to a municipal sewage disposal system when the system is located within a distance equal to the product of 50 feet multiplied by the number of spaces proposed for the park. If a park is located more than 2,500 feet from an existing municipal sewage disposal system, such connection shall not be required.
3. Exceptions to Municipal Water and Sewage Disposal System Connection Requirements. Exceptions may be allowed on the basis of terrain, availability or ease of acquiring easements, denial of allocation by the public utility, insufficient capacity of the municipal system or other circumstances that are unusual/unique to the site. Requests for exceptions must be made, in writing, to the MHP Administrator who may ask that such requests be supported by a professional engineer's review of the manufactured home park plans and planned route of the utility extension. Where the MHP Administrator finds it would not be economically feasible for an MHP to be connected to a municipal water supply system and/or municipal sewage disposal system, other systems may be used, subject to approval by Environmental Health and the appropriate state agencies.

8. Electrical System Requirements. The approval and installation of all electrical system improvements shall be in accordance with this Chapter. Electrical systems shall be installed to meet all local and state statutes, ordinances, regulations and applicable codes and shall thereafter be certified by the Building Inspector. Each manufactured/mobile home space in an MHP shall be provided with its own separate metered electrical service.

9. Solid Waste Collection System Requirements. The approval and installation of all solid waste collection improvements shall be in accordance with this Chapter. Solid waste collection systems must be installed and/or operated to meet all local and state statutes, ordinances and regulations and shall thereafter be certified by the Department of Public Health. Each MHP shall provide a suitable method of solid waste disposal (in accordance with Chapter 95 of the Henderson County Code, Solid Waste) and collection consisting of either private collection from individual manufactured/mobile homes or the use of dumpsters. Where dumpsters are used, concrete pads shall be designed to drain to a bio-retention area to filter stormwater before the water reaches a larger drainage system, and Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).

10. Fire Protection Requirements. Any MHP served by a public water supply system shall meet the County’s requirements for fire hydrant installation (one (1) hydrant every 1000 feet with a six (6) inch line) or applicable municipality’s requirements for fire hydrant installation. For any MHP without a fire suppression rated water system, that either has or is adjacent to an adequate permanent surface water supply (100,000 gallon storage in a 50 year drought), the applicant shall be required to install a dry fire hydrant system, the type and location of which is to be determined by the County Fire Marshal. An all-weather access road for fire-fighting equipment shall be provided by the applicant to this permanent surface water supply. Where the MHP is neither served by a public water supply system nor has/is adjacent to an adequate permanent surface water supply, such MHP shall be thoroughly reviewed by the TRC and the applicant to determine alternative measures to ensure adequacy of fire protection.

11. Stormwater Drainage, Erosion and Sedimentation Control Requirements. See Article VIII (Natural Resources) Subpart B (Water Quality) and Subpart E (Soil Erosion and Sedimentation Control).

12. Buffering. An MHP shall require a minimum of a B1 Buffer as detailed in §42-167 (Buffer Determination).

13. Common Area Requirements. A common area shall be provided, that is equivalent to ten (10) percent the total MHP area. Common area shall be accessible for the use and enjoyment of MHP occupants, located as to be free of traffic hazards and maintained in good condition by the applicant.

14. Common Area Recreation and Service Facilities Restrictions. Those facilities within the MHP shall be for the sole purpose of serving the residents of the MHP and shall adhere to the development standards established therefore.

15. Operations. The MHP shall be permitted one (1) space for the placement of an office (located in a structure originally constructed as a single-family dwelling (manufactured, modular or conventionally built)) to conduct the business of operating the MHP. This office may also be located within one (1) single-family dwelling (manufactured, modular or conventionally built) where it operates as a home occupation and adheres to the standards outlined therefore (see SR 2.8 (Home Occupation, General))

16. Density. The number of manufactured/mobile homes shall be based upon the standard residential density of the corresponding overlay district, where one (1) dwelling unit shall correspond to one (1) manufactured/mobile home.

17. Manufactured Home Spaces. Manufactured home spaces shall be:

1. Sized so as to ensure that manufactured/mobile homes shall meet all setback and separation requirements for a manufactured/mobile home to be placed on said space;
2. Prepared and graded so that there is a slope of no more than three (3) percent where the home is to be placed;
3. Required to contain one (1) concrete pad (porous concrete is encouraged) or treated deck, a minimum of 100 square feet, that shall be accessible at a door location of any manufactured/mobile home placed thereon;
4. Required to contain a well-constructed set of steps, made of a material other than loosely stacked brick or block, that shall be accessible at a door location of any manufactured/mobile home placed thereon, and which may be a part of/connected to the required pad or deck;
5. Assigned a property address as approved by the Property Addressing Office;
6. Identifiable by a permanent number, visible from the road or drive, to identify the space; and
7. Clearly marked at all corners so that visual establishments of boundaries can be made during inspection/approval processes.

18. Manufactured Home Dwelling Age. The movement of pre-1976 manufactured homes (hereinafter “mobile homes”) into the County shall not be permitted. Pre-1976 mobile homes currently located within the County may be installed, moved or relocated provided:

1. The mobile home is not currently located within an MHP;
2. Relocation shall only be to an approved manufactured home park; and
3. A permit has been issued by the Zoning Administrator authorizing such installation.

Where the mobile home is set up within a manufactured home park the mobile home may be sold and can be relocated within an existing manufactured home park.

19. Percentage of Manufactured Home Park in Mobile Homes. No more than 25 percent of spaces in a new MHP shall be occupied by mobile homes, as defined by this Chapter.

20. Manufactured/Mobile Home Use. A manufactured/mobile home shall not be used as a storage unit, and shall only be occupied as a dwelling (or office as permitted herein).

21. Manufactured/Mobile Home Setup. Each manufactured/mobile home shall be installed, placed and setup:

1. On an approved manufactured home space;
2. In accordance with the standards set by the North Carolina Department of Insurance Regulations for manufactured/mobile homes;
3. So as to be separated from any other manufactured/mobile home a minimum of 20 feet short end to short end, 30 feet short end to long end and/or 30 feet long end to long end;
4. So as to be setback (as required) from any adjacent roads;
5. So as to be setback a minimum of 25 feet from any adjacent property;
6. With (at the time of placement) continuous underpinning, uniform in appearance in terms of its type, color, size and age, unpierced except for openings required by the North Carolina State Building Code or North Carolina Department of Insurance Regulations for ventilation, utilities and access; and
7. With a property address number (as assigned by the Property Addressing Office) affixed so as to be clearly visible from the internal road/driveway serving the manufactured home space (in accordance with Chapter 142 of the Henderson County Code, Property Addressing).

22. Signage. Signs shall adhere to all standards outlined in Article VII of this Chapter. The applicant for an MHP shall provide:

1. A minimum of one (1) community identification sign at each entrance, but no more than two (2) entrances, a minimum of one (1) foot in height by three (3) feet in width;
2. Road name signs in accordance with Chapter 142 of the Henderson County Code, Property Addressing; and
3. Governmental signs of a regulatory nature (including “stop” signs) in accordance with applicable local and state policies.

23. Lighting. Lighting mitigation required.

SR 1.12. Nursing Home

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Certification, Licensure and Permitting. Certificate of Need (in accordance with NCGS §131E-178) required.
4. Accessibility. Roads shall be maintained for motor/emergency vehicle access (in accordance with 10A NCAC 13F .0303).
5. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).

SR 1.13. Personal Storage Structure

1. Any lot may have personal storage structures.
2. A personal storage structure may include bathroom facilities and kitchen facilities, and shall not be used as a residence or for the purpose of operating a business.
3. Personal storage structures shall only be for personal, noncommercial use.
4. The use may be setback a minimum of five (5) feet from the side or rear property lines and ten (10) feet from the front or Right of Way (ROW).

SR 1.14. Rooming and Boardinghouse

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Development Size Restrictions. The total number of bedrooms in a rooming and boardinghouse shall not exceed 12.
4. Structure. The rooming and boardinghouse shall contain:
   1. One (1) bathroom for every two (2) bedrooms;
   2. One (1) kitchen facility; and
   3. Not over 75 percent of the heated floor area in use for sleeping quarters.
5. Residential Character. The rooming and boardinghouse shall be located in a structure originally constructed as and adhering to the standards of a single-family dwelling.
6. Operations. The rooming and boardinghouse shall be:
   1. The permanent residence of the owner or the manager of the business; and
   2. Permitted to contain home occupations and adhere to the additional standards outlined therefore (see SR 2.8 (Home Occupation, General)).

 

2. ACCESSORY USES

SR 2.1. Childcare Facility (as an accessory use for a principal business) (A childcare facility as an accessory use shall adhere to the standards outlined for childcare facility as a principal use (see SR 5.5 (Childcare Facility)).

1. Operations. A minimum of 60 percent of the children served by the facility shall be of a parent, legal guardian or grandparent serving as an on-site owner/employee of the principal business.

SR 2.2. Drive-Thru Window

1. Maximum Number Permitted Per Lot. Two (2) per business, three (3) per restaurant and/or five (5) per financial institution.
2. Structure Orientation. The drive-thru window, any communications equipment and menu signs shall be located so as not to be seen from any adjacent residential zoning district property.
3. Stacking Lanes. Stacking lanes shall:
   1. Be a minimum of 100 feet in length (where window access is provided directly from a road of low volume);
   2. Be distinctly marked (striping, pavement markings, parking islands, etc.);
   3. Be separate from a passage lane (located to the outer edge of the stacking lane); and
   4. Not placed within 75 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Passage Lanes. Passage lanes shall be provided to the outer edge of the stacking lane to ensure the adequate flow of traffic on the site.
5. Landscaping Standards. Drive-thru windows, stacking lanes and circulation areas shall be treated as components of on-site parking for the purposes of landscaping requirements.

SR 2.3. Dumpster(s)

1. 1. 1. Associated Principal Use. Dumpsters are allowed as an accessory use to a non-residential or multi-family residential use.
      2. Operations. The use of dumpsters shall be installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste).
      3. Screening. Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).
      4. Temporary Dumpsters. Temporary dumpsters may be used for single-family residential uses up to 12 months. A 12 month extension is permitted if construction is not complete. All other residential and non-residential uses, including multi-family dwellings, may use temporary dumpsters for up to 24 months. A 12 month extension may be permitted if construction is not complete. Screening is not required for temporary dumpsters.

                                                                                                                                      
SR 2.4. Dwelling, Single-Family (as an accessory use for the principal business)

1. Maximum Number Permitted Per Lot. One (1) per business.
2. Structure Requirements. The single-family dwelling shall be attached to or contained within the principal building.
3. Open Space. The site shall provide an area of open space equivalent to the floor area of the single-family dwelling, and located on the same lot as the principal use.
4. Locational Requirements. The residential unit shall not be located on the front of the principal structure except where the structure is constructed in the manner of a principal business.
5. Operations. The single-family dwelling shall be occupied by the person engaged in the principal use (owner/employee/agent and/or his/her family member(s)).

SR 2.5. Fuel Pumps

1. Structure Requirements. Fuel pumps may be covered by a canopy which shall not exceed 25 feet in height.
2. Separation Requirements. Fuel pumps shall not be placed within 100 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use), school, library, day care facility, healthcare facility, park, and/or religious institution.
3. Location of Drives. Driveways shall not be located closer than 50 feet to one another and no more than two (2) on a single road.

SR 2.6. Home Occupation, Adult Day Care. A home occupation adult day care shall adhere to standards for a general home occupation.

1. Certification, Licensure and Permitting. All adult day care homes shall be issued a certificate by the Division of Aging.
2. Size of Operations. An adult day care home shall house a maximum of six (6) residents.
3. Structure Residential Character Requirements. An adult day care home shall be located in a structure originally constructed as and adhering to the standards of a single-family dwelling.
4. Structure Requirements. An adult day care facility shall (in accordance with NCAC 10A 06R.0401-.0701 and 06S.0301):
   1. Provide a minimum of 40 square feet of indoor space (excluding hallways, offices and restrooms) for each participant;
   2. Provide a minimum of one (1) toilet for each 12 adults (participants and staff) in attendance at the facility;
   3. Provide a minimum of one (1) hand lavatory for each two (2) toilets; and
   4. Be located in a one-story building (OR) be located in a two-story building provided neither story is greater than 1,800 square feet.

SR 2.7. Home Occupation, Childcare Facility. A home occupation (childcare) shall adhere to standards for a general home occupation.

1. Certification, Licensure and Permitting. All childcare facilities shall be licensed as required by NCGS §110-91.
2. Development Size Restrictions. A childcare facility operated in a structure occupied by the owner/operator shall serve a maximum of (in accordance with NCAC 10 09 .1304):
   1. Twelve (12) children when any preschool-aged children are in care; or
   2. Fifteen (15) children when only school-aged children are in care.
3. Structure Residential Character Requirements. The childcare home shall be located in a structure originally constructed as and adhering to the standards of a single-family dwelling.
4. Structure Requirements. A childcare facility shall provide a minimum of:
   1. Twenty-five (25) square feet of indoor space (excluding closets, hallways, kitchens and restrooms) for each child; and
   2. Seventy five (75) square feet of outdoor play area for each child, surrounded by a fence at least four (4) feet in height.

SR 2.8. Home Occupation, General

1. Site Plan. A home occupation shall require the submittal of a minor site plan only if the home occupation requires the:
   1. Building of an accessory structure to house the occupation;
   2. Building of outdoor play areas as required for in-home childcare facilities;
   3. Placement of additional parking; and/or
   4. Need for outdoor storage.
2. Development Size Restrictions. A home occupation shall either:
   1. Take up no more than 25 percent of the gross floor area of the principal dwelling; or
   2. Be housed completely in one (1) accessory structure (with the exception of any outdoor storage requirements).
3. Retention of Residential Character. A home occupation shall be:
   1. Conducted entirely within the principal dwelling or one (1) accessory structure; and
   2. Clearly incidental and secondary to the use of the dwelling or structure for residential purposes.
4. Operations. A home occupation shall:
   1. Be conducted by a resident of the principal dwelling;
   2. Engage no more than two (2) on-site employees (other than those residing in the home) in the occupation;
   3. Not incorporate on-premise retail sales as the primary function of the home occupation; and
   4. Not involve equipment or processes used that shall create noise, vibration, glare, fumes, odor or electrical interference off the premises.
5. Parking. A home occupation generating any additional need for parking shall:
   1. Meet any additional parking needs off-street (but not in the required front yard); and
   2. Be permitted a maximum of two (2) additional standard parking spaces and one (1) handicapped parking space.
6. Outdoor Storage. A home occupation which requires outdoor storage shall:
   1. Identify the storage requirements at the time of permit application;
   2. Locate the storage in the rear yard (not in the front or side yard);
   3. Cover no more than 10 percent of the property on which the home occupation is located with outdoor storage; and
   4. Adhere to any additional standards for outdoor storage.

SR 2.9. Outdoor Storage 5,000 square feet or less

1. Locational Requirements. Storage areas shall not be placed in a front yard.
2. Screening. Screen Class One (1) or Two (2) shall be provided consistent with the requirements of §42-181 (Screen Classification).

SR 2.10. Outdoor Storage greater than 5,000 square feet

1. Locational Requirements. Storage areas shall not be placed in a front yard.
2. Screening. Screen Class Three (3) or Four (4) shall be provided consistent with the requirements of §42-181 (Screen Classification).

SR 2.11. Rural Family Occupation

1. Site Plan. A rural family occupation shall require the submittal of a minor site plan where the rural family occupation requires:
   1. The building of an accessory structure(s) to house the occupation;
   2. The placement of additional parking; and/or
   3. The need for outdoor storage.
2. Development Size Restrictions. A rural family occupation shall be housed completely in no more than two (2) accessory structures. The total floor area of all structures occupied by the rural family occupation shall not exceed 5,000 square feet.
3. Retention of Residential Character. A rural family occupation shall be incidental and secondary to the use of the property for residential and agricultural purposes.
4. Operations. A rural family occupation shall:
   1. Be conducted by a resident of the principal dwelling;
   2. Engage no more than ten (10) on-site employees (other than those residing in the home) in the occupation; and
   3. Not involve equipment or processes used that shall create noise, vibration, glare, fumes, odor or electrical interference off premises.
5. Parking. A rural family occupation generating any additional need for parking shall be permitted a maximum of ten (10) additional standard parking spaces and two (2) handicapped parking spaces.
6. Outdoor Storage. A rural family occupation which requires outdoor storage shall:
   1. Identify the storage requirements at the time of permit application;
   2. Cover no more than the lesser of ten (10) percent of the property or 10,000 square feet, with outdoor storage; and
   3. Adhere to any additional standards for outdoor storage.

SR 2.12. Solar Panels

1. Location. Panels:
   1. May be placed on the roof of a residential, commercial or industrial structure;
   2. Shall be placed on the lot on which a structure is located;
   3. Shall be designed to produce no more than 150 percent of the on site use’s energy consumption.
   4. Special Flood Hazard Area. Only solar collectors may be located within the 100-year and 500-year floodplain, and only with an approved Floodplain Development Permit.

3. ACCESSORY STRUCTURES

SR 3.1. Airport (Private Accessory).(See SR 9.1 (Airport (Private))).

SR 3.2. Automatic Teller Machine

1. Setbacks. An automatic teller machine shall be permitted in the front yard setback; however, no automatic teller machine shall be permitted closer than 20 feet to any residential zoning district property.
2. Additional Height Restrictions. No freestanding automatic teller machine shall have a structure height which exceeds 15 feet.
3. Lighting. Adequate lighting shall be provided for automatic teller machines during all hours of operation.

    SR 3.3. Boathouse, Private

1. Water Dependent Structure Standards. Water dependent structures may extend over the water for a distance of no more than forty (40) feet from the shore as measured from mean sea level elevation (for rivers) and full pond elevation (for lakes). In no event shall a water dependent structure, when located in a cove or river, extend more than one-third (1/3) the width of the cove or river measured from the shore (as measured from mean sea level elevation (for rivers) and full pond elevation (for lakes)) at the point of the proposed construction to the nearest point on the opposite shore. The water dependent structure shall extend into the water so as to remain confined within a projection of side lot lines of the lot on which the structure is accessed.Where there is conflict between this and Article VIII (Natural Resources), Subpart A (Flood Damage Prevention), the most restrictive standards shall apply.
2. Waterway Restriction. Boathouses shall be permitted only on waterways which are navigable for recreational boats/watercraft.
3. Structure Requirements. No private boathouse shall have more than one (1) enclosed level above the boat storage area, and the enclosed level shall be no greater than the boat storage below (open decks, docs and stairways shall not be counted for this purpose).
4. Additional Height Restrictions. No private boathouse shall have a height which exceeds 25 feet measured from mean sea level (for rivers) and full pond elevation (for lakes).

SR 3.4. Bulkhead

1. Water Dependent Structure Standards. Water dependent structures may extend over the water for a distance of no more than forty (40) feet from the shore as measured from mean sea level elevation (for rivers) and full pond elevation (for lakes). In no event shall a water dependent structure, when located in a cove or river, extend more than one-third (1/3) the width of the cove or river measured from the shore (as measured from mean sea level elevation (for rivers) and full pond elevation (for lakes)) at the point of the proposed construction to the nearest point on the opposite shore. The water dependent structure shall extend into the water so as to remain confined within a projection of side lot lines of the lot on which the structure is accessed. Where there is conflict between this and Article VIII (Natural Resources), Subpart A (Flood Damage Prevention), the most restrictive standards shall apply.
2. Waterway Restriction. Bulkheads shall be permitted on all waterways.

SR 3.5. Dock/Pier

1. Water Dependent Structure Standards. Water dependent structures may extend over the water for a distance of no more than forty (40) feet from the shore as measured from mean sea level elevation (for rivers) and full pond elevation (for lakes). In no event shall a water dependent structure, when located in a cove or river, extend more than one-third (1/3) the width of the cove or river measured from the shore (as measured from mean sea level elevation (for rivers) and full pond elevation (for lakes)) at the point of the proposed construction to the nearest point on the opposite shore. The water dependent structure shall extend into the water so as to remain confined within a projection of side lot lines of the lot on which the structure is accessed. Where there is conflict between this and Article VIII (Natural Resources), Subpart A (Flood Damage Prevention), the most restrictive standards shall apply.

2. Waterway Restriction. Docks and piers shall be permitted on all waterways.

3. Structure Requirements. Where a dock is connected to a boathouse the dock will be considered as the one (1) permitted dock per lot.

SR 3.6. Dwelling, Accessory Residential

1. Maximum Number Permitted Per Lot. No more than one (1) accessory dwelling shall be permitted on a single deeded lot in conjunction with the principal dwelling unit.
2. Structure Requirements.
   1. An accessory dwelling may be attached, within, or separate from the principal dwelling.
   2. Manufactured homes are permitted as accessory dwellings where such are permitted as a principal use in the general use zoning district.
   3. Mobile homes, park model homes and recreational vehicles shall not be used as accessory dwellings.
3. Size. An accessory dwelling shall be no larger than 75 percent of the gross floor area of the principal dwelling. The accessory dwelling may be combined with a garage, workshop, studio or similar use
4. Location. A detached accessory dwelling may be located in the established front, side, or rear yard and shall meet the standards for the applicable building and lot type.

SR 3.7. Gate and/or Guardhouse

1. Operations. Gates and/or guardhouses shall be for the purpose of serving residents/occupants and visitors to a private property, complex, development, manufactured home park or subdivision.
2. Accessibility. The developer and homeowners’ association shall:

   a. Provide unfettered access to all private roads by emergency and law enforcement vehicles. Access procedures must ensure immediate access through the entry gates for  emergency and law enforcement vehicles responding to emergencies without need of special keys or codes. This may be done by access control device approved by  the County. As an alternative the developer or homeowners association may provide a person to provide immediate access to emergency service personnel on a 24 hour basis. The developer and homeowner’s association shall provide and annually update documentation necessary to provide this access to the Henderson County Fire Marshal and Sheriff’s Department that proposed entry gates and access procedures meet all County standards for access by emergency and law enforcement vehicles. If the homeowner’s association fails to maintain reliable access for the provision of emergency or other public services, the County may enter the gated residential development and open, disable or remove any gate or device, which is a barrier to access, at the sole expense of the homeowners’ association. The declaration of covenants, conditions and restrictions and any other relevant documents of the homeowners’ association shall include a statement to this effect.
   b. Reasonably guarantee access to all private roads by Henderson County and State of North Carolina employees operating within the scope of their official duties to perform zoning, inspections and other governmental regulatory activities, and to all public utility companies to perform installation and maintenance activities of public utility infrastructure. A statement to this effect shall be filed with the Henderson County Sheriff’s Department and appear on the final plat of all new development.

3. Structure Requirements. 

   1. Be setback sufficiently far from public road access to allow for the stacking of at least three (3) vehicles out of the public travel lanes on the public road;

   2. Have an additional setback between the point of the access control device and the entry gate to allow a vehicle which is denied access to safely turn around and exit onto a public road;

   3. Be provided adequate setbacks and proper alignment of approach and departure areas on both sides of a gated entrance to allow free and unimpeded passage of emergency vehicles through the entrance area;

   4. Have sufficient minimum gate widths and openings to allow safe passage of all vehicles;

   5. Where the gate crosses a travel way which permits:

      1. Two-way travel, such gate shall open so as to provide a minimum width of 18 feet of passage; or
      2. One-way travel, such gate shall open so as to provide a minimum width of 12 feet of passage; and

              f. Provide a minimum thirteen feet inches (13.5 feet) vertical clearance at its lowest point

SR 3.8. Greenhouse

1. Best management practices for managing irrigation runoff are encouraged. The nutrient level in stormwater runoff should be no higher than pre-development levels.

SR 3.9. Heliport (Private Accessory).

1. Certification, Licensure and Permitting Requirements. Private accessory heliports must be constructed in accordance with Federal Aviation Administration regulations and provide proof of approval.

SR 3.10. Outdoor Sale Display Areas

1. Display Area Restrictions. Display areas shall not:
   1. Be located in the sight visibility triangle;
   2. Be located on sidewalks or parking areas; and
   3. Exceed 25 feet in height.

SR 3.11. Parking Garages. (See SR 7.12 (Parking Garage or Lot)).

SR 3.12. Planned Seasonal Agricultural Worker Development

1. Principal Structure/Use Requirement. A planned seasonal agricultural worker development shall be permitted only on property in recognized agricultural use with a minimum of ten (10) acres in such use.
2. Development Size Restrictions. No more than one (1) accessory residential dwelling may be sited for each ten (10) acres in agricultural use or two-and-one-half (2 ½) acres in greenhouse use. Accessory residential dwellings must be set back from property lines and roads as follows: three (3) to 10 units (100 foot setback); 11 to 15 units (150 foot setback). Accessory residential dwellings in a planned seasonal agricultural worker development shall be for the express purpose of housing seasonal workers performing seasonal agricultural work on the property of the farm/orchard.
3. Structure Requirements. A planned seasonal agricultural worker development shall consist of accessory residential dwellings and shall adhere to the standards therefore (excluding the maximum number permitted per lot; the restrictions in this subsection shall apply with regard to maximum number permitted (see (4) Maximum Number Permitted Per Lot).
4. Maximum Number Permitted Per Lot. Fifteen (15).

SR 3.13. Produce Stand, Accessory

1. Setbacks. Produce stands may be established in the front yard setback, but shall be placed outside the right-of-way.

SR 3.14. Storage Shed

1. Structure Requirements. A storage shed may be attached to, or separate from,  the principal structure.

SR 3.15. Wastewater Treatment Plant, Small Accessory

1. Security. The operations of a package wastewater treatment plant shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked.
2. Screening. Screen Class Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).

SR 3.16. Wind Mill/Turbine, Accessory < 40 ft height

1. Principal Structure/Use Requirement. Accessory wind mills/turbines shall only be permitted in conjunction with a principal residential dwelling unit or business.
2. Height. Wind turbine height shall be no more than 40 feet.
3. Rotor Blades. Rotor blades shall not exceed eight (8) feet in radius measured from the center of the support structure and shall maintain a minimum ground clearance of ten (10) feet. Wind turbines proposing a rotor blade exceeding eight (8) feet in radius shall require a special use permit and shall also meet the requirements for SR 3.17.
4. Setback. The base of the wind turbine shall be at least ten (10) feet from surrounding property lines and setback a distance equivalent to 110 percent of the height of the wind turbine at its highest point from the property line.
5. Color. Wind turbines must be a color that is consistent with existing development or natural conditions.
6. Compliance with FAA Regulations. Wind turbines must comply with applicable FAA regulations, including any necessary approvals for installation close to airports. Evidence of compliance or non-applicability shall be submitted to the Zoning Administrator.
7. Compliance with FCC Regulations. Wind turbines must comply with applicable FCC regulations. Evidence of compliance or non-applicability shall be submitted to the Zoning Administrator.
8. Structure Requirements. Wind turbines shall require a building permit to insure that the foundation is designed and constructed with a concrete foundation per the manufacturing requirements. Sealed engineering drawings shall be required prior to the issuance of a building permit. These standards shall not preempt the State Building Code standards or requirements to insure structural stability.
9. Survival Wind Speed. Wind turbines shall be designed to withstand wind speeds as required by the State Building Code.

SR 3.17. Wind Mill/Turbine, Accessory > 40 ft height

1. Principal Structure/Use Requirement. Accessory wind mills/turbines shall only be permitted in conjunction with a principal residential dwelling unit or business.
2. Height. Wind turbine height shall be no more than 40 feet above any obstruction (structure, tree, etc. (excluding communication towers)) within a 200 foot radius of the base of the wind turbine. In no case shall the height exceed 100 feet.
3. Rotor Blades. Rotor blades shall maintain a minimum ground clearance of ten (10) feet.
4. Setback. The base of the wind turbine shall be at least ten (10) feet from surrounding property lines and setback a distance equivalent to 110 percent of the height of the wind turbine at its highest point from the property line.
5. Color. Wind turbines must be a color that is consistent with existing development or natural conditions.
6. Compliance with FAA Regulations. Wind turbines must comply with applicable FAA regulations, including any necessary approvals for installation close to airports. Evidence of compliance or non-applicability shall be submitted to the Zoning Administrator.
7. Compliance with FCC Regulations. Wind turbines must comply with applicable FCC regulations. Evidence of compliance or non-applicability shall be submitted to the Zoning Administrator.
8. Structure Requirements. Wind turbines shall require a building permit to insure that the foundation is designed and constructed with a concrete foundation per the manufacturing requirements. Sealed engineering drawings shall be required prior to the issuance of a building permit. These standards shall not preempt the State Building Code standards or requirements to insure structural stability.
9. Survival Wind Speed. Wind turbines shall be designed to withstand wind speeds as required by the State Building Code.
10. Other Considerations. In addition to the standard review for special use permits, the Zoning Board of Adjustment shall consider noise and appearance criteria as factors when reviewing special use permit applications for wind turbines.

4. RECREATIONAL USES

SR 4.1. Amusement Park

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Perimeter Setback. One hundred (100) feet (equipment, machinery and/or mechanical devices shall not be placed within 200 feet of an existing dwelling unit and/or residential zoning district).
4. Security. The operations of an amusement park shall be totally enclosed by a security fence or wall at least eight (8) feet in height. Entrances and exits should be secured and locked during non-operating hours.
5. Hours of Operation. 8:00 a.m. to 12:00 midnight.

SR 4.2. Camp

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Perimeter Setback. Fifty (50) feet.
4. Operations. The camp may contain structures ancillary to the use.
5. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).
6. Common Area Recreation and Service Facilities. Those facilities within the camp shall be for the sole purpose of serving the overnight guests in the camp, and shall adhere to the development standards established therefore in SR 4.5 (Common Area Recreation and Service Facilities).

SR 4.3. Campground

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Size. No campground located on/adjacent to a residential zoning district shall contain more than 200 campsites. Individual campsites shall be a minimum of 500 square feet.
4. Perimeter Setback. Fifty (50) feet.
5. Common Area. A common area shall be provided, that is equivalent in square footage to 25 percent the total square footage in: campsites, structures on site, parking areas and driveways. Common area shall be accessible for the use and enjoyment of campground occupants, located as to be free of traffic hazards and maintained in good condition by the applicant.
6. Operations. The campground:
   1. May contain structures ancillary to the use; and
   2. Shall be permitted one (1) store, exclusively for the sale of incidental gifts and foodstuffs.
7. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).
8. Common Area Recreation and Service Facilities. Those facilities within the campground shall be for the sole purpose of serving the overnight guests in the campground, and shall adhere to the development standards established therefore in SR 4.5 (Common Area Recreation and Service Facilities).

SR 4.4. Camping, Low Impact

1. Site Plan. Minor Site Plan required in accordance with §42-329 (Minor Site Plan Review) and it shall be reviewed and approved by the TRC.
2. Perimeter Setback. Adhere to the underlying zoning district setback.
3. Utilities. Potable water is allowed but not required.
4. Campsites. The following requirements shall apply.
   1. All campsite locations shall be clearly marked.
   2. Campsites shall provide a minimum 10x10 designated tent pad or visibly defined area.
   3. Campfires shall be permitted within designated fire rings, and must follow all local fire regulations, including monitoring of fire bans.
5. Operations. The following requirements shall apply.
   1. Landowner(s) will provide rules and regulations to campers.
   2. Hiking trails, if provided, shall be clearly marked and/or mapped.
   3. Designated parking shall be required at a minimum of one (1) parking space er campsite.
   4. All camping equipment, personal property, trash, and refuse must be removed when vacating or leaving the area or site.
   5. A management or reservation process is required.
   6. The maximum stay shall not exceed 14 days.

SR 4.5. Coin Operated Amusements

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

SR 4.6. Common Area Recreation and Service Facilities

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Structure. Where the common area recreation facility is a swimming pool, spa or hot tub, it shall be protected by a fence or equal enclosure, a minimum of four (4) feet in height, and shall have controlled access.
3. Operations. Common area service facilities shall be for the purpose of serving residents and visitors within the complex, development, manufactured home park or subdivision, and shall not be considered a commercial operation for use by those outside of the complex, development, manufactured home park or subdivision.

SR 4.7. Golf Course and/or Country Club

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

SR 4.8. Governmental Recreational Facilities

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Perimeter Setback. All buildings shall be 100 feet from a residential zoning district property.
4. Structure. For activities which present potential safety hazards (batting cages, baseball fields, driving tees, etc.) fencing, netting or other control measures shall be required.
5. Operations. A recreational facility may contain on-site food sales for patrons of the recreational facility only, provided they obtain all necessary permits.
6. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).
7. Public Address/Loud Speakers. Public address and loud speaker systems shall not be operated before 8:00 a.m. or after 12:00 midnight.

SR 4.9. Marina

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

SR 4.10. Miniature Golf Course & Driving Tees/Range (operated for commercial purposes)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Structure. Fencing, netting or other control measures shall be placed around the perimeter of any driving range area for safety purposes.
3. Perimeter Setback. Fifty (50) feet.

SR 4.11. Motor Sports Facilities, Major

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A major motor sports facility shall not be constructed or newly located within:
   1. One and one-half (1 ½) miles of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. Fifteen hundred (1,500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Size. A major motor sports facility shall have seating or standing capacity of 500 or more patrons/spectators. Standing capacity shall be computed based on three (3) persons for each 200 square feet of space intended for spectator use.
6. Security. The operations of a major motor sports facility shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
7. Perimeter Setback. Three hundred (300) feet.
8. Perimeter Buffer. On hundred fifty (150) feet.
9. Public Address/Loud Speakers. Public address and loud speaker systems shall not be operated before 6:00 a.m. or after 12:00 midnight.
10. Racing Events.
    1. Length of Event. An event shall be held for no more than:
       1. Three (3) consecutive days;
       2. Five (5) days in a calendar week; and
       3. Six (6) hours in a day (falling within the permitted hours of operation).
    2. Emergency Preparedness. Employees specifically trained for fire and medical response must be located on-site during all hours of operation.
11. Sedimentation Control. Permanent control measures are required to retain all non-compacted soils on-site.
12. Hours of Operation. 6:00 a.m. to 12:00 midnight.

SR 4.12. Motor Sports Facilities, Minor

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A minor motor sports facility shall not be constructed or newly located within:
   1. One (1) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. One thousand (1,000) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Lot Size. No more than 50 acres.
6. Size. A minor motor sports facility shall have a seating or standing capacity of less than 500 patrons/spectators and will not be considered a recreational motor sports facility. Standing capacity shall be computed based on three (3) persons for each 200 square feet of space intended for spectator use.
7. Security. The operations of a motor sports facility shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
8. Perimeter Setback. One hundred fifty (150) feet.
9. Public Address/Loud Speakers. Public address and loud speakers systems shall not be operated before 8:00 a.m. or after 12:00 midnight.
10. Number of Tracks Restrictions. A minor motor sports facility shall have no more than three (3) tracks.
11. Racing Events. A racing event shall be limited in accordance with the following:
    1. Length of Event. An event shall be held for no more than:
       1. Three (3) consecutive days;
       2. Three (3) days in a calendar week; and
       3. Six (6) hours in a day (falling within the permitted hours of operation).
    2. Emergency Preparedness. Employees specifically trained for fire and medical response must be located on-site during all hours of operation.
12. Sedimentation Control. Permanent control measures are required to retain all non-compacted soils on-site.
13. Hours of Operation. 8:00 a.m. to 12:00 midnight.

SR 4.13. Motor Sports Facilities, Recreational

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. A recreational motor sports facility shall not be constructed or newly located within 500 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Size. A recreational motor sports facility shall have a capacity of less than 100 spectators and/or riders.
5. Security. The operations of a recreational motor sports facility shall be totally enclosed by a security fence or wall at least eight (8) feet in height. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. Fifty (50) feet.
7. Public Address/Loud Speakers. Public address and loud speaker systems are prohibited.
8. Screening. Screen Class One (1) shall be provided consistent with the requirements of §42-181 (Screen Classification)).
9. Number of Tracks Restrictions. A recreational motor sports facility shall contain only one (1) racing track utilizing non-paved surfaces.
10. Racing Events. A racing event shall be limited in accordance with the following:
    1. Number per Calendar Year. Five (5) or fewer.
    2. Length of Event. An event shall be held for no more than:
       1. Three (3) consecutive days;
       2. Three (3) days in a calendar week; and
       3. Six (6) hours in a day (falling within the permitted hours of operation).
    3. Number of Contestants. Each event may include no more than 20 total contestants; with no more than 10 contestants allowed on the track at a given time.
    4. Emergency Preparedness. Employees specifically trained for fire and medical response must be located on-site during all hours of operation.
11. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
12. Sedimentation Control. Permanent control measures are required to retain all non-compacted soils on-site.
13. Hours of Operation. 8:00 a.m. to 8:00 p.m.

SR 4.14. Park

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

SR 4.15. Recreational Facilities (Indoor/Outdoor)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Perimeter Setback. One hundred (100) feet (equipment, machinery and/or mechanical devices shall not be placed within 200 feet of a residential zoning district. All structures shall be 100 feet from a residential zoning district property).
4. Structure. For activities which present potential safety hazards (batting cages, baseball fields, driving tees, etc.) fencing, netting or other control measures shall be required.
5. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification)).
6. Public Address/Loud Speakers. Public address and loud speaker systems shall not be operated before 8:00 a.m. or after 12:00 midnight.
7. Hours of Operation. For outdoor uses, 6:00 a.m. to 12:00 midnight.

SR 4.16. Recreational Vehicle Park

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Perimeter Setback. Fifty (50) feet.
4. Recreational Vehicle Spaces. Recreational vehicle spaces shall be a minimum of 2,000 square feet and shall have dimensions no less than 40 feet by 50 feet. A recreational vehicle space may contain up to four (4) campsites for tent set-up. No recreational vehicle space is permitted in the 100-year floodplain.
5. Common Area. A common area shall be provided, that is equivalent in square footage to 25 percent the total square footage in: recreational vehicle/park model home spaces, structures on site, parking areas and driveways. Common area shall be accessible for the use and enjoyment of recreational vehicle park occupants, located as to be free of traffic hazards and maintained in good condition by the applicant.
6. Operations. The recreational vehicle park:
   1. Shall provide rental spaces:
      1. For the location of recreational vehicles, park model homes and/or tent set-up,
      2. Which may contain an open or covered porch not exceeding 15 feet in height and not to exceed 400 square feet in area, and
      3. Which have no point of direct access not indicated on the site plan;
   2. May contain structures ancillary to the use;
   3. Shall be permitted one (1) store, exclusively for the sale of incidental gifts and foodstuffs; and
   4. Shall provide, at the time of application, an evacuation plan for a natural disaster event.
7. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).
8. Sewage System. Recreational vehicle/park model home spaces shall not be provided individual hookups to a septic tank, approved public or community sewage disposal system or municipal sewage disposal system; instead, a central dump station shall be provided for the use of all occupants. A recreational vehicle park shall connect to a municipal sewage disposal system when the system is located within a distance equal to the product of 50 feet multiplied by the number of spaces proposed for the recreational vehicle park. If a park is located more than 2,500 feet from an existing municipal sewage disposal system, such connection shall not be required.
9. Common Area Recreation and Service Facilities. Those facilities within the recreational vehicle park shall be for the sole purpose of serving the overnight guests in the park, and shall adhere to the development standards established in SR 4.5 (Common Area Recreation and Service Facilities).

SR 4.17. Riding Stables

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).

SR 4.18. Commercial Shooting Ranges, Indoor

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Structure. Indoor shooting ranges shall be designed to contain all projectiles fired within portions of the structure specifically designated for firearm discharge.

SR 4.19. Commercial Shooting Ranges, Outdoor

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. An outdoor shooting range shall not be constructed or newly located within:
   1. One-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. One thousand (1,000) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Security. The operations of an outdoor shooting range shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; or (2) a wall at least eight (8) feet in height. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. Fifty (50) feet. (Storage of debris, equipment and other materials, including accessory structures, shall be permitted in the perimeter setback).
7. Perimeter Buffer. Twenty five (25) feet.
8. Structure. Outdoor shooting ranges must be designed to contain all projectiles fired on-site.
9. Hours of Operation. 9:00 a.m. to 8:00 p.m.
10. Special events that include, but not limited to, turkey shoots, competitions, etc., shall be allowed with a Special Events Permit provided it complies with SR 11.5 and/or SR 11.6. These events are allowed in all zoning districts.

5. EDUCATIONAL AND INSTITUTIONAL USES

SR 5.1. Adult Day Care Facility

1. Site Plan. Site Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Certification, Licensure and Permitting. Certified by the Department of Health and Human Services (in accordance with NCGS §131D-6).
4. Structure. An adult day care facility shall (in accordance with NCAC 10A 06R.0401-.0701 and 06S.0301):
   1. Provide a minimum of 40 square feet of indoor space (excluding hallways, offices and restrooms) for each participant;
   2. Provide a minimum of one (1) toilet for each 12 adults (participants and staff) in attendance at the facility;
   3. Provide a minimum of one (1) hand lavatory for each two (2) toilets; and
   4. Be located in a one (1) story building (OR) be located in a two (2) story building provided neither story is greater than 1,800 square feet.

SR 5.2. Ambulance Services

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Accessibility. Roads shall be maintained for motor/emergency vehicle access.
4. Operations. No drills are to be held before 8:00 a.m. or after 12:00 midnight. No ambulances or other emergency vehicles are to be permanently stored outdoors.

 

SR 5.3. Cemetery, Family

1. Site Plan.Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Plot Setback. Plots shall be:
   1. Twenty (20) feet from any property line.
   2. One hundred (100) feet from any structure.
   3. One hundred (100) feet from an existing well.
   4. One hundred (100) feet from the high-water mark of any spring, stream, lake, reservoir or other know source of water. Family cemeteries shall not be located in a special flood hazard area.
3. Security. The family cemetery shall be enclosed by a fence or wall at least four (4) feet in height constructed of metal, masonry or stone.
4. Private/Public Easement. A minimum twenty (20) foot private or public easement shall be recorded to provide access to a family cemetery.
5. Certification, Licensure and Permitting. A family cemetery shall comply with all applicable local, state and federal environmental and public health laws (including the requirements of N.C.G.S. 65-Cemeteries). 
6. Plat. A family cemetery shall be recorded on a plat in the Register of Deeds office.
7. Marker. Each container of human remains shall be buried beneath the surface of the ground and shall be indicated by a permanent visible marker or monument. The marker or monument should be made of granite or bronze, mounted on at least a four inch concrete base and have a minimum dimension of one (1) foot wide by two (2) feet tall and be four (4) inches thick. The marker should be placed as soon as practicable after the remains are interred and shall bear the name, year of birth and year of death of the deceased.
8. Responsibility. The owner of any property which contains all or part of a family cemetery is responsible for maintaining the family cemetery in compliance with local, state and federal regulations.

SR 5.4. Cemetery/Mausoleum/Columbarium (excluding Crematoriums)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Plot Setback. Plots shall be 20 feet from any property line.
3. Parking/Drive. No parking or drive shall be located closer than 20 feet to a residential zoning district.

SR 5.5. Childcare Facility

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Certification, Licensure and Permitting. All childcare facilities shall be licensed by the appropriate agency (in accordance with NCGS §110-91).
4. Structure. A childcare facility shall provide a minimum of (in accordance with NCGS §110-91(6)):
   1. Twenty-five (25) square feet of indoor space (excluding closets, hallways, kitchens and restrooms) for each child; and
   2. Seventy five (75) square feet of outdoor play area for each child, surrounded by a fence at least four (4) feet in height.

SR 5.6. Club/Lodge

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Operations. A club/lodge may operate bars and restaurants for its members provided it obtains all necessary permits.
3. Lighting. Lighting mitigation required.
4. Public Address/Loud Speakers. Public address and loud speaker systems shall not be operated before 8:00 a.m. or after 12:00 midnight at any club/lodge located on/adjacent to a residential zoning district.

SR 5.7. College or University

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

SR 5.8. Community Club

1. Site Plan. Major Site Plan required in accordance with §42-331 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

SR 5.9. Correctional Facilities

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A correctional facility shall not be constructed or newly located within:
   1. One-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. One thousand (1,000) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Security. The operations of a correctional facility shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.

SR 5.10. Fire and Rescue Station

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Accessibility. Roads shall be maintained for motor/emergency vehicle access.
4. Operations. No drills are to be held before 8:00 a.m. or after 10:00 p.m. on an existing residential zoning district. No fire trucks or other emergency vehicles are to be permanently stored outdoors

SR 5.11. Funeral Home or Crematorium

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 5.12. Government Offices

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 5.13. Homeless Shelter

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Location. No new homeless shelter shall be located within a one-half (½) mile radius of an existing homeless shelter or family care home.
4. Structure. A homeless shelter shall provide a minimum of 50 square feet of indoor space (excluding closets, hallways, kitchens and restrooms) for each individual to be sheltered.
5. Operations. The owner/operator of the shelter shall provide continuous, on-site supervision by him/herself, employee(s) and/or volunteer(s) during the hours of operation.

SR 5.14. Hospital

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

SR 5.15. Museum, Library/Archive

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

SR 5.16. Place of Assembly, Large

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Structure. A structure shall be designed to accommodate a minimum of 251 persons.
4. Perimeter Setback. One hundred (100) feet.  No parking shall be allowed within the setback area.
5. Buffer.  A B2 buffer is required per Table 5.2 Buffer Width and Plant Material Requirement.

SR 5.17. Place of Assembly, Small

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Structure. A structure shall be designed to accommodate a maximum of 250 persons.
4. Perimeter Setback. One hundred (100) feet.  No parking shall be allowed within the setback area.
5. Buffer.  A B2 buffer is required per Table 5.2 Buffer Width and Plant Material Requirement.

SR 5.18. Police Station

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Accessibility. Roads shall be maintained for motor/emergency vehicle access.
4. Operations. No drills are to be held before 6:00 a.m. or after 10:00 p.m.

SR 5.19. Religious Institution

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Operations. A religious institution shall be permitted accessory uses provided the requested accessory use is permitted as a principal/accessory use in the district in which the religious institution is located.

SR 5.20. School (Public/Private/Charter)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Operations. A school shall be permitted accessory uses provided the requested accessory use is permitted as a principal/accessory use in the district in which the school is located. Additional signage shall not be permitted for the accessory use.
4. Public Address/Loud Speakers. Public address and loud speaker systems shall not be operated before 7:00 a.m. or after 12:00 midnight when on/adjacent to a residential zoning district.

SR 5.21. Youth Center

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.

 

6. BUSINESS, PROFESSIONAL, AND PERSONAL USES

SR 6.1. Animal Shelter

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Animal Control. An animal shelter shall adhere to the standards outlined for such in Chapter 66A of the Henderson County Code, Animal Control Ordinance.

SR 6.2. Automobile and Equipment Service (Including all car service related uses with bays)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. An automobile and equipment service shall not be constructed or newly located within 50 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use), school, library, day care facility, healthcare facility, park, and/or religious institution.
4. Operations. Auto inspection stations and tire recapping shall be permitted as accessory uses provided each is conducted within an enclosed structure and that neither is the principal business.

SR 6.3. Automotive Towing

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Security. The operations of an automotive towing use shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
4. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
5. Outdoor Storage. Storage of more than four (4) vehicles on site for a period greater than 24 hours constitutes an outdoor storage (see SR 2.9 and SR 2.10 (Outdoor Storage)).

SR 6.4. Broadcasting and Communications Facilities

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 6.5. Car Wash (Automatic and Self Service)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Structure. All associated lanes and driveways shall be covered with an all-weather surface.
4. Parking/Drive. Parking areas/stacking facilities shall be designed to ensure parked/waiting vehicles do not block sidewalks, driveways or roads.
5. On-Site Drainage System. Provisions shall be made for an on-site drainage system to capture water used to wash vehicles. The drainage plan shall be evaluated by the Zoning Administrator to determine that the water from the facility will not have a detrimental effect on adjacent property, roads and/or surface waters.
6. Operations. Storage or repair of vehicles shall not be permitted within the car washing facility.
7. Screening. Screen Class Two (2) shall be provided consistent with the requirements of §42-181 (Screen Classification)).

SR 6.6. Exterminating and Pest Control Services

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 6.7. Kennel(A kennel shall adhere to the standards outlined for such in Chapter 16 of the Henderson County Code, Animal Control Ordinance.)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. A kennel shall not be constructed or newly located within 200 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Structure. The kennel shall provide pens which are enclosed and adequately ventilated.
5. Operations. Limited outdoor exercise runs/facilities shall be permitted, however, hours of use shall be restricted to from 8:00 a.m. to 8:00 p.m. Food and animal refuse shall be kept in airtight containers.
6. Screening. Screen Class Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification)).
7. Solid Waste Collection. The facility shall provide a suitable method of solid waste disposal and collection consisting of either private collection from individual uses or the use of dumpsters (installed and/or operated to meet all local and state statutes, ordinances and regulations (including Chapter 95 of the Henderson County Code, Solid Waste) and thereafter certified by the Department of Public Health). Where dumpsters are used, Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification)).

SR 6.8. Motel/Hotel

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Lot Size. One or more acres.

SR 6.9. Office: Business, Professional and Public

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 6.10. School (Technical, Trade and Business)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. Mechanical equipment shall not be placed within 300 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Outdoor Training Facilities. A school which contains an outdoor training facility shall place such facility in the side or rear yard.

SR 6.11. Theatre, Drive-In

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Operations. A drive-in theatre may contain on-site food sales for patrons of the drive-in theatre only, provided they obtain all necessary permits. The property may be used for other permitted uses of the zoning district through the special use permit process.
5. Lighting. Lighting mitigation required.
6. Public Address/Loud Speakers. Public address and loud speakers systems shall not be permitted.
7. Hours of Operation. 8:00 a.m. to 2:00 a.m.

SR 6.12. Urgent Care Clinic

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Accessibility. Roads shall be maintained for motor/emergency vehicle access. Points of ingress/egress shall be designed so as to allow for ease of entrance/exit for emergency vehicles in relation to the surrounding development, roadways and traffic patterns.

7. RETAIL TRADE

SR 7.1. Adult Book and Retail Merchandise Store

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. An adult book and/or retail merchandise store shall not be constructed or newly located within 1,000 feet (measurements from the property line of the proposed store to the property line of the district/use) of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use), residential zoning district, school, library, day care facility, park, religious institution (including accessory uses not located on the same lot, but contiguous to the principal place of worship) and/or another adult establishment (stores or entertainment) in straight-line distance.
4. Structure Requirements. The principal or any accessory structure to the principal business shall not contain any sleeping quarters. Where viewing booths are provided such are to be designed as to allow the person or occupants to be completely visible from a portion of the premise open and available to the public.
5. Operations. No person shall be employed nor be allowed on premise if they are less than 18 years of age.
6. Perimeter Setback. Thirty (30) feet.

SR 7.2. Adult Theatres and Live Entertainment

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. An adult theatre and/or live entertainment venue shall not be constructed or newly located within (measurements from the property line of the proposed theatre/venue to the property line of the district or use):
   1. Fifteen hundred (1,500) feet of an existing school, library, day care facility, park and/or religious institution (including accessory uses not located on the same lot, but contiguous to the principal place of worship); and
   2. One thousand (1,000) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use), residential zoning district and/or another adult establishment (stores and entertainment) in straight-line distance.
4. Structure Requirements. The principal or any accessory structure to the principal business shall not contain any sleeping quarters. Where viewing booths are provided such are to be designed as to allow the person or occupants to be completely visible from a portion of the premise open and available to the public.
5. Operations. No person shall be employed nor be allowed on premise if they are less than 18 years of age.
6. Perimeter Setback. Fifty (50) feet.
7. Hours of Operation. 12:00 noon to 2:00 a.m.

SR 7.3. Cinema Complex

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 7.4. Convenience Store

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 7.5. Entertainment Complex

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Perimeter Setback. One hundred (100) feet.
4. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 7.6. Flea Market

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 7.7. Fuel Oil Distribution and Sales

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 7.8. Landscaping Materials Sales and Storage

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 7.9. Manufactured/Mobile Home Sales

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. A manufactured home sales site shall not be constructed or newly located within 100 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Lot Size. One or more acres.
5. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
6. Structure. Display homes shall:
   1. Have a minimum separation of at least ten (10) feet from one another;
   2. Be level and blocked;
   3. Be provided with continuous underpinning or landscaping; and
   4. Be accessible via a well-constructed set of steps, made of a material other than loosely stacked brick or block.

SR 7.10. Motor Vehicle Sales or Leasing (Including automobile, motorcycle, boat and recreational sales and rental cars)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 7.11. Open Air Market

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 7.12. Parking Garage or Lot (requiring payment)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Structure. A parking garage shall not exceed five (5) (above ground) levels.
4. Perimeter Setback. Twenty-five (25) feet.
5. Perimeter Buffer. A minimum of a Buffer B1 shall be required for a parking garage (see §42-181 (Screen Classification)).

SR 7.13. Produce Stand

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 7.14. Retail Sales and Services Less than or Equal to 50,000 Square Feet (of Gross Floor Area)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Establishment where the principal sale and distribution are tobacco and hemp retail shall adhere to the following requirements.
   1. The site of the establishment must be located at least 5,000 feet—measured in a straight line from property line to property line—from the site of any other Tobacco and Hemp Retail establishment that exists or has been permitted.
   2. The site of the establishment must be located at least 5,000 feet—as measured in a straight line from property line to property line— from any of the following use types: elementary, middle, or high school, regardless of public, private, or charter status.

SR 7.15. Retail Sales and Services Greater than 50,000 Square Feet but Less than or Equal to 100,000 Square Feet (of Gross Floor Area)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. Structures shall not be placed within 75 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Road Frontage. One hundred (100) or more feet.
5. Sign Areas. A minimum of 100 square feet of planted area (minimum five (5) foot width) shall be provided around the base of any freestanding sign.
6. Pedestrian Facilities. Sidewalks shall be a minimum of five (5) feet wide, excluding curb width.
7. Establishment where the principal sale and distribution are tobacco and hemp retail shall adhere to the following requirements.
   1. The site of the establishment must be located at least 5,000 feet—measured in a straight line from property line to property line—from the site of any other Tobacco and Hemp Retail establishment that exists or has been permitted.
   2. The site of the establishment must be located at least 5,000 feet—as measured in a straight line from property line to property line— from any of the following use types: elementary, middle, or high school, regardless of public, private, or charter status.

SR 7.16. Retail Sales and Services Greater than 100,000 Square Feet but Less than or Equal to 150,000 Square Feet (of Gross Floor Area)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. Structures shall not be placed within 75 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Road Frontage. One hundred (100) or more feet.
5. Sign Areas. A minimum of 100 square feet of planted area (minimum five (5) foot width) shall be provided around the base of any freestanding sign.
6. Pedestrian Facilities. Sidewalks shall be a minimum of five (5) feet wide, excluding curb width.
7. Establishment where the principal sale and distribution are tobacco and hemp retail shall adhere to the following requirements.
   1. The site of the establishment must be located at least 5,000 feet—measured in a straight line from property line to property line—from the site of any other Tobacco and Hemp Retail establishment that exists or has been permitted.
   2. The site of the establishment must be located at least 5,000 feet—as measured in a straight line from property line to property line— from any of the following use types: elementary, middle, or high school, regardless of public, private, or charter status.

SR 7.17. Retail Sales and Services Greater than 150,000 Square Feet (of Gross Floor Area)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. Structures shall not be placed within 75 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Road Frontage. One hundred (100) or more feet.
5. Sign Areas. A minimum of 100 square feet of planted area (minimum five (5) foot width) shall be provided around the base of any freestanding sign.
6. Pedestrian Facilities. Sidewalks shall be a minimum of five (5) feet wide, excluding curb width.
7. Establishment where the principal sale and distribution are tobacco and hemp retail shall adhere to the following requirements.
   1. The site of the establishment must be located at least 5,000 feet—measured in a straight line from property line to property line—from the site of any other Tobacco and Hemp Retail establishment that exists or has been permitted.
   2. The site of the establishment must be located at least 5,000 feet—as measured in a straight line from property line to property line— from any of the following use types: elementary, middle, or high school, regardless of public, private, or charter status.

SR 7.18. Shopping Mall

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. Structures shall not be placed within 75 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Road Frontage. One hundred (100) or more feet.
5. Sign Areas. A minimum of 100 square feet of planted area (with a minimum width of five (5) feet) shall be provided around the base of any freestanding sign.
6. Pedestrian Facilities. Sidewalks shall be a minimum of five (5) feet wide, excluding curb width.

SR 7.19. Truck Stop

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. Truck stop facilities shall not be constructed or newly located within 100 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use), school, library, day care facility, healthcare facility, park and/or religious institution.
5. Lot Size. Two (2) or more acres.
6. Operations. Those uses which may be contained within the principal building shall include: convenience store, restaurant, TV/recreational lounge(s), restroom facilities and dormitory space.

8. WHOLESALE TRADE

SR 8.1. Wholesale Trade

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A wholesale trade structure or storage area shall not be constructed or newly located within 100 feet of an existing dwelling unit(located in a residential zoning district and not located on the same property as the use.)

9. TRANSPORTATION, WAREHOUSING, AND UTILITIES

SR 9.1. Airport (Private)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A private airport shall not be constructed or newly located within one-quarter (¼) mile of an existing school, library, day care facility and/or religious institution.

SR 9.2. Airport (Public)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Certification, Licensure and Permitting. A public airport must provide proof of development approval from the Federal Aviation Administration.
5. Separation. A public airport shall not be constructed or newly located within:
   1. One-quarter (¼) mile of an existing school, library, day care facility and/or religious institution; and
   2. Five hundred (500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
6. Security. The aircraft movement areas of a public airport shall be totally enclosed by a security fence or wall at least eight (8) feet in height. Entrances and exits should be secured and locked during non-operating hours.

SR 9.3. Communication Facilities

1. General Standards.
   1. Site Plan. Communication Facility Site Plan in accordance with §42-327 (Communication Facility Site Plan Review).
   2. Certification, Licensure and Permitting. Prior to erecting, installing or operating a communication facility, a structural engineering certification certifying the integrity of the communication facility, shall be signed and sealed by a professional engineer.
   3. Minor Modifications. Minor modifications are permitted and include any of the following:
      1. Increasing the existing vertical height of the structure by less than ten (10) percent or less than the height of one additional antenna array to the tower with separation from the nearest existing antenna not to exceed twenty (20) feet. 
      2. Increasing the tower by twenty (20) feet or less in width or no more than the width of the support structure at the level of the new appurtenance (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable).
      3. Increasing the existing equipment compound by 2,500 square feet or less.
   4. Communication facilities proposed to be constructed in areas designated as Protected Mountain Ridges shall not exceed 100 feet in height.
   5. Lighting. No permanent strobe lights shall be permitted on the communication tower unless required by local, state or federal laws pertaining to the establishment and operation of a communications facility. Ground level security lighting may be permitted if designed to minimize impacts on adjacent properties.
   6. Noise. Unusual sound emissions, including but not limited to buzzers and alarms, shall not be permitted.
   7. Screening. Screen Class Four (4) shall be provided consistent with the requirements of §42-181 (Screen Classification)).
   8. Sign Standards. A sign which includes the name of the communication facility owner(s)/operator(s), emergency telephone numbers and the assigned communication facility registration number shall be displayed in a visible location near the structure. A minimum of two (2) “warning/no trespassing” signs are required. The Communication Facilities Administrator may require additional signage (of the type described above) as needed. No other signage shall be permitted on the communication tower site.
   9. Option to County on Collocation Opportunity. For all new communication towers, the applicant shall give the County the option of collocating, for governmental use, an antenna on the new communication tower at fair market value, if technically feasible and if requested by the County in writing within 30 days of the submission of a permit application.
2. Communication Facility Types. Communication facilities shall be broken into three (3) distinctive classes, as follows:
   1. Category One (1) Communication Facilities include the following:
      1. Towers and/or antennas constructed or permitted prior to the effective date of this Chapter; towers for residential, amateur radio or governmental use which are less than 90 feet in height; and towers less than 50 feet in height; and
      2. Collocation antennas on existing communications towers.
   2. Category Two (2) Communication Facilities include the following:
      1. The location of antennas on alternative structures;
      2. Replacement towers; and
      3. Towers used for residential, amateur radio and/or governmental purposes 90 feet or greater in height; and all other towers 50 feet or greater in height.
   3. Category Three (3) Communications Facilities include any and all towers 200 feet or greater in height.
3. Communication Facility Specific Standards. The following standards shall apply to the three categories of communication facilities:
   1. Category One (1) Communication Facilities:
      1. A category one (1) communication facility is permitted by right in all zoning districts.
      2. Height. In no case will a collocation be permitted where the additional antenna height would cause category classification change of the proposed host communication tower.
   2. Category Two (2) Communication Facilities:
      1. Height. In no event shall a replacement communication tower exceed the height of the existing communication tower. No tower shall exceed 200 feet in height. In addition, no communication facility (tower and/or antenna) affixed on an alternative structure, shall exceed 50 feet in height above the maximum height of the alternative structure. Final height of the communication tower and/or antenna, including structure height above highest grade level, must not exceed 200 feet.
      2. Replacement. Replacement communication towers must be placed as close to the existing communication tower as feasible, but in no case further than 100 feet from the existing communication tower base. The existing communication tower shall be removed within 90 days of completion of the replacement communication tower.
      3. Communication Tower Site. All category two (2) communication facilities must be located on a designated communication tower site or an approved alternative structure. At a minimum a communication tower site must: (1) encompass all components of the proposed project; (2) consist of a lot of record or deeded easement; and (3) accommodate all-weather movement of construction, maintenance and emergency response equipment to and from the site.
      4. Separation from Existing Communication Facilities. Category two (2) communication facilities must be a minimum of one-half (½) mile from any existing communication facility category two (2) or three (3) unless constructed on the same communication tower site (a lot of record or deeded easement) or alternative structure. A proposed category two (2) communication facility (antenna) will only be permitted on the same communication tower site or alternative structures as an existing communication facility when it has been proven that the proposed site is the only feasible location for providing coverage to the anticipated service area and all existing communication facilities are incapable of accommodating the proposed antenna.
      5. Separation from Existing Occupied Buildings. Communication towers must be constructed a minimum distance equivalent to 110 percent of the height of the proposed communication tower from existing occupied structures. Communication towers unable to conform to occupied building separation requirements may submit affidavits of understanding from the owners of property and/or structures within the 110 percent height radius in place of conforming to the separation standards. Affidavits of understanding shall state that the property owners do not object to the construction of the communication tower as proposed in the application, and agree to hold the County harmless from any and all liability for the location and construction of the communication tower as proposed in the application. Such affidavits should also site the specific plan or drawing reviewed by the property owner. Or the applicant can submit a fall zone letter, sealed by an engineer, identifying the towers specific fall radius. If applicants utilize the fall zone letter option, the applicant must also provide proof of liability insurance with a limit of liability of at least $1 million by the owner of the Communication Facility and submit an as-built certification of the Communication Facility, showing that the Communication Facility was built in accord with the design as certified by the engineer, for permit closeout.
      6. Stealth Designs. Communications towers and antennas on alternative structures in residential zoning districts must be constructed as stealth designs.
      7. Color. Communication towers not constructed as stealth designs must be a color that is consistent with existing development or natural conditions.
      8. Security. Adequate measures must be taken to ensure antennas on alternative structures are not potential sources of physical danger to the public.
      9. Design to Accommodate Additional User. All new category two (2) communication towers shall be designed to accommodate a minimum of three (3) communication antenna arrays.
   3. Category Three (3) Communication Facilities:
      1. Communication Tower Site. All communication facilities must be located on a designated communication tower site. At a minimum a communication tower site must: (1) encompass all components of the proposed project, (2) consist of a lot of record or deeded easement and (3) accommodate all-weather movement of construction, maintenance and emergency response equipment to and from the site.
      2. Separation from Existing Communication Facilities. Category three (3) communication facilities must be a minimum of one (1) mile from any existing communication facility category two (2) or three (3) unless constructed on the same communication tower site (a lot of record or deeded easement). A proposed category three (3) communication facility will only be permitted on the same communication tower site as an existing communication facility when it has been proven that the proposed site is the only feasible location for providing coverage to the anticipated service area, and all existing communication facilities are incapable of accommodating the proposed antenna.
      3. Separation from Existing Occupied Buildings. Communication towers must be constructed a minimum distance equivalent to 110 percent of the height of the proposed communication tower from existing occupied structures. Communication towers unable to conform to occupied building separation requirements may submit affidavits of understanding from the owners of property and/or structures within the 110 percent height radius in place of conforming to the separation standards. Affidavits of understanding shall state that the property owners do not object to the construction of the communication tower as proposed in the application, and agree to hold the County harmless from any and all liability for the location and construction of the communication tower as

         proposed in the application. Such affidavits should also site the specific plan or drawing reviewed by the property owner.

      4. Stealth Designs. Communication towers in residential zoning districts must be constructed as stealth designs.
      5. Color. Communication towers not constructed as stealth designs must be a color that is consistent with existing development or natural conditions.
      6. Design to Accommodate Additional User. All new category three (3) communication facilities shall be designed to accommodate a minimum of four (4) communication antenna arrays.

SR 9.4. Hazardous Waste Disposal Facilities

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Location. Hazardous waste disposal facilities are prohibited in a Water Supply Watershed Overlay District.
5. Separation. Hazardous waste disposal facilities shall not be constructed/newly located within:
   1. One-and-one-half (1 ½) mile of an existing residential zoning district, school, library, day care facility, extended care facility, healthcare facility and/or religious institution; and
   2. One (1) mile of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
6. Security. The operations of hazardous waste disposal facilities shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
7. Perimeter Setback. Fifteen hundred (1,500) feet.
8. Perimeter Buffer. Five hundred (500) feet.
9. Sedimentation Control. Permanent control measures are required to retain all non-compacted soils on site.

SR 9.5. Land Clearing Debris and Inert Debris Storage or Disposal

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Certification, Licensure and Permitting. The owner of a land clearing debris and inert debris landfill shall file with the Henderson County Registrar of Deeds Office, a certified survey depicting the property on which the landfill is located, including the site and extent of the actual debris deposit.
5. Location. Land clearing debris and inert debris landfills may be permitted in the Water Supply Watershed Protection Overlay District if the applicant can demonstrate that there will be no adverse effects from the landfill on public water supplies. Land clearing debris and inert debris landfills shall not be permitted in the 100-year floodplain.
6. Perimeter Setback. One hundred (100) feet.
7. Operations. Where feasible, debris reduction methods such as chipping and mulching (using portable equipment) shall be utilized to reduce the amount of debris permanently withheld on site.
8. Sedimentation Control. Permanent control measures are required to retain all non-compacted soils on-site.
9. Future Development. No structure shall be constructed within 100 feet of a debris deposit following the closure of a land clearing debris and inert debris landfill.
10. Hours of Operation. 6:00 a.m. to 10:00 p.m. (except where requested by the Henderson County Emergency Management Coordinator in response to a period of inclement weather).

SR 9.6. Rail Transportation Facilities and Support Activities

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 9.7. Self Storage Warehousing, Mini-Warehouses (for Commercial District)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. Self storage warehousing, mini-warehouses structures shall not be constructed within 100 feet of any adjacent existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Structure. Garage/storage bays shall be oriented away from the public right-of-way where possible.
5. Operations. The mini-warehouse units shall be used for “dead” storage only (no commercial enterprise can be conducted from an individual unit or units and no wholesale trade or retail sales shall be permitted).
6. Lighting. Exterior lighting shall not exceed ten (10) feet in height.
7. Street Trees. Street trees shall be provided in accordance with Article V. Landscape Design Standards, Subpart C. Street Tree Requirements (Major Subdivisions).
8. Outdoor Storage. Open storage of recreational vehicles and dry storage of pleasure boats shall constitute an outdoor storage (see SR 2.9 and SR 2.10 (Outdoor Storage)).

SR 9.8. Septic Tank and Related Services

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 9.9. Solar Energy Generation Facility

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review). The site plan shall include ground level profile drawings of the typical structures proposed and the designed wind and ground snow loads.
2. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
3. Perimeter Setback. All structures and components shall be a minimum of twenty (20) feet from property lines. Necessary ingress and egress for vehicles and utility & transmission lines may be located within the perimeter setback. Fences may be placed within the perimeter setback.
4. Height. Systems, equipment and structures shall not exceed twenty-five (25) feet in height when ground mounted. Roof mounted systems shall not exceed the maximum height for the applicable zoning district.
5. Screening. Screen Class One (1), Two (2), Three (3), or Four (4) shall be provided along sides of the facility which are adjacent to a residential use (as identified in Section 1 of 42-61, Table of Permitted and Special Uses) on a separate parcel, consistent with 42-181 (Screen Classification). Where screening is required, screening shall be placed on the exterior side of fencing. Buffer Requirements, as specified by Article V Subpart A, shall not apply to Solar Energy Generation Facilities unless the Solar Energy Generation Facility is not permitted in the zoning district adjacent to the site. 
6. Scenic Byways. Solar energy Generation Facilities shall not be permitted on sites visible from Scenic Byways as designated by the North Carolina Department of Transportation or Henderson County.
7. Security. Solar Energy Generation Facilities shall be completely enclosed within:
   1. a woven wire fence; or
   2. a masonry wall; or
   3. a wooden fence that contains spacing no greater than six (6) inches. Such fences shall be at least six (6) feet in height.
8. Power Transmission Lines. To the extent practical, all new power transmission lines to any building, structure or utility connection shall be located underground. Existing above ground utility lines shall be allowed to remain in their current location.
9. Electrical Disconnection Switch. The electrical disconnect switch shall be clearly marked and unobstructed. Switches are permitted to be secured within a fenced area or building.
10.  Wind and Snow Loads. All equipment and structures shall comply with the N.C. State Building Code requirements for survival wind speeds and ground snow loads for buildings. Although the N.C. State Building Code may require such load designs for only buildings, all structures and equipment associated with this use shall meet those same wind and snow load requirements. Note that such requirements vary based on the elevation and location of the site. The Zoning Administrator shall require a certification from a structural engineer, licensed in North Carolina as a professional engineer, stating the designed wind and snow load standards for equipment and structures have been constructed according to the State Building Code and will meet the following:
    1. Structures and buildings will meet a minimum wind survival speed of 90 m.p.h.; and
    2. Structures and buildings will meet a minimum snow load of 15 lbs. per square foot.
11. Principal Structure. A principal structure, other than the solar collectors, is permitted but not required.
12. Special Flood Hazard Area. No structures, equipment, storage or buildings shall be located within the Special Flood Hazard Area.
13. Lighting. Lighting Mitigation is required.

SR 9.10. Solid Waste Combustors and Incinerators

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A solid waste incinerator shall not be constructed or newly located within:
   1. One (1) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. Fifteen hundred (1,500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Security. The operations of a solid waste combustor and incinerator shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. Two hundred fifty (250) feet (for a public or private landfill) and 200 feet is required for a solid waste incinerator. (Storage of debris, equipment, and other materials shall not be permitted in the perimeter setback).
7. Perimeter Buffer. Seventy-five (75) feet.

SR 9.11. Solid Waste Facility, County Owned/Operated

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Security. The operations of a waste collection and transfer facility shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
5. Perimeter Setback. One hundred and fifty (150) feet from a residential zoning district. Necessary ingress and egress to the proposed use (s) may be located within the perimeter setback.
6. Perimeter Buffer. A B2 buffer as described in Article V (Landscape Design Standards), Subpart A (Buffer Requirements) is required around the perimeter boundary of the site, the operational area(s), or any combination thereof. Preserved existing trees may be credited toward the required buffer.
7. Sedimentation Control. Permanent control measures are required to retain all non-compacted soils on site.
8. Operations. Where feasible, debris reduction methods such as chipping and mulching (using portable equipment) shall be utilized to reduce the amount of debris permanently withheld on site.
9. Gross Floor Area. Current and future County Owned/Operated Solid Waste Facilities are exempt from the underlying zoning district gross floor area maximums.

SR 9.12. Transit and Ground Passenger Transportation

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 9.13. Truck Terminals

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 9.14. Utility Substations

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Lighting mitigation required.
3. Separation. Utility substations shall not be placed within 75 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
4. Security. Transformer stations shall be enclosed by a woven wire fence at least eight (8) feet in height. Other utility stations shall be completely enclosed either by a building or a wire fence at least eight (8) feet in height.
5. Screening. Screen Class One (1), Two (2), Three (3) or Four (4) shall be provided where the structure footprint exceeds 200 square feet if adjacent to an existing residential use, consistent with the requirements of §42-181 (Screen Classification).

SR 9.15. Warehousing and Storage (Excluding Warehousing of Hazardous Substances)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 9.16. Waste Collection and Transfer Facility (Hazardous)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Location. Hazardous waste collection and transfer facilities are prohibited in a Water Supply Watershed Overlay Districts.
5. Separation. Hazardous waste collection and transfer facilities shall not be constructed/newly located within:
   1. One (1) mile of an existing residential zoning district, school, library, day care facility, healthcare facility and/or religious institution; and
   2. Fifteen hundred (1,500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
6. Security. The operations of a hazardous waste collection and transfer facility shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
7. Perimeter Setback. Five hundred (500) feet.
8. Perimeter Buffer. Two hundred (200) feet.
9. Containment. The transfer facility must include a containment system designed to prevent the spread of contaminants onto other properties, waterways or drainageways.

SR 9.17. Waste Collection and Transfer Facility (Non-hazardous)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A non-hazardous waste collection and transfer facility shall not be constructed or newly located within 1,000 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use), school, library, day care facility, healthcare facility and/or religious institution.
5. Security. The operations of a non-hazardous waste collection and transfer facility shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.

SR 9.18. Wastewater Treatment Plant

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Security. The operations of a wastewater treatment plant shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked.
3. Screening. Screen Class Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).

SR 9.19. Water Treatment Plant

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. A water treatment plant shall not be constructed or newly located within 500 feet of an existing dwelling unit(located in a residential zoning district and not located on the same property as the use).

10. MANUFACTURING AND INDUSTRIAL USES

SR 10.1. Asphalt Plant

A. Asphalt Plant

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. An asphalt plant shall not be constructed or newly located within:
   1. One-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. Five hundred (500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Perimeter Setback. One hundred (100) feet.
6. Security. The operations of an asphalt plant shall be totally enclosed by: (1) a security fence or wall at least eight (8) feet in height; or (2) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.

B. Existing Hot Mix Asphalt Plant inside a State Mining Permit Boundary

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. Except where an existing hot mix asphalt plant is located within the State Mining Permit Boundary of an active mine operating pursuant to a State Mining Permit, a hot mix asphalt plant shall not be constructed or newly located within: 
   1. One-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. Five hundred (500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
   3. Hot mix asphalt plants located inside Mine Permit Boundaries require no setbacks to other uses within the permit boundary.
5. Perimeter Setback. One hundred (100) feet.
6. Security. The operations of a hot mix asphalt plant shall be totally enclosed by: (1) a security fence, wall or berm at least eight (8) feet in height; or (2) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.

SR 10.2. Battery Manufacturing Facility

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A battery manufacturing facility shall not be constructed or newly located within:
   1. One-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. Five hundred (500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Security. The operations of a battery manufacturing facility shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. One hundred (100) feet.

SR 10.3. Chip Mill

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A chip mill shall not be constructed or newly located within:
   1. One-quarter (¼) mile of an existing school, library, day care facility, healthcare facility, park and/or religious institution; and
   2. Five hundred (500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Security. The operations of a chip mill (including equipment) shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. Fifty (50) feet.
7. Disposal of Debris. Disposal of excess inert debris is prohibited on-site unless operation is in compliance with development standards for land clearing debris and inert debris storage or disposal operations (see SR 9.5 (Land Clearing Debris and Inert Debris Storage or Disposal) for standards).
8. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).

SR 10.4. Concrete Batch Plant

A. Concrete Batch Plant

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A concrete batch plant shall not be constructed or newly located within:
   1. One thousand (1,000) feet of an existing school, library, day care facility, healthcare facility, park and/or religious institution; and
   2. Three hundred (300) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Security. The operations of a concrete batch plant shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

B. Existing Concrete Batch Plant inside a State Mining Permit Boundary

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. Except where an existing concrete batch plant is located within the State Mine Permit Boundary of an active mine operating pursuant to a State Mining Permit, a concrete batch plant shall not be constructed or newly located within: 
   1. One thousand (1,000) feet of an existing school, library, day care facility, healthcare facility, park and/or religious institution; and
   2. Three hundred (300) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
   3. Concrete batch plants located inside State Mining Permit Boundaries require no setbacks to other uses within the permit boundary.
5. Security. The operations of a concrete batch plant shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall or berm at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 10.5. Cryptocurrency Mining

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Perimeter Setback. One hundred (100) feet.
3. Separation. Cryptocurrency mining operations shall not be constructed or newly located within 2 miles (measurements from the property line of the proposed facility to the property line of the district/use) of an existing dwelling unit (not located on the same property as the use), residential zoning district, library, [nursing facility; domiciliary care facility], day care facility, park, religious institution (including accessory uses not located on the same lot, but contiguous to the principal place of worship), or a school, all distances in straight-line distance.
4. Hours of Operations. Cryptocurrency mining operations shall not be mined between the hours of 9:00 pm to 6:00 am, or anytime on Sunday.
5. Noise Restrictions. Noise pollution generated from cryptocurrency mining operations shall not exceed 50 decibels (cumulative for operation) measured within a 100-ft buffer from the facilities perimeter. The equipment in a cryptocurrency operation shall be calibrated every six (6) months and a yearly report of these calibrations shall be provided to the Henderson County Zoning Administrator.
6. Scenic Byways. Cryptocurrency mining operations shall not be permitted on sites visible from Scenic Byways as designated by the North Carolina Department of Transportation.
7. Security. Cryptocurrency mining operations shall be completely enclosed with a NCDOT approved precast sound wall. The wall shall be at least eight (8) feet in height. A B2 buffer is required on all exterior sides of the security wall.
8. Electrical Disconnection Switch. The electrical disconnect switch shall be clearly marked and unobstructed. Switches are permitted to be secured within a fenced area or building. Duke Energy or any other power utility provider to the operation shall have access to the disconnection switch at all times or an onsite manger must be present at all times.
9. Power Transmission Lines. All new power transmission lines to any building, structure or utility connection shall be located underground.
10. Special Flood Hazard Area. No structures, equipment, storage, or buildings shall be located within the Special Flood Hazard Area.
11. Lighting. Lighting mitigation is required.
12. Prohibited. The use may not be applied for as a conditional rezoning application.

SR 10.6. Junkyard

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Separation. A junkyard shall not be constructed or newly located within:
   1. One-half (½) mile of an existing school, library, day care facility, extended care facility, healthcare facility and/or religious institution; and
   2. Three hundred (300) feet of an existing dwelling unit.
4. Security. The operations of a junkyard shall be totally enclosed by: (1) a security fence or wall at least eight (8) feet in height. Entrances and exits should be secured and locked during non-operating hours.
5. Perimeter Setback. Fifty (50) feet.
6. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
7. Screening. Screen Class Three (3) or Four (4) shall be provided consistent with the requirements of §42-181 (Screen Classification).
8. Hours of Operation. 6:00 a.m. to 10:00 p.m.

SR 10.7. Landfill (Public/Private)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Location. Landfills are prohibited in the Water Supply Watershed Overlay Districts.
5. Separation. A landfill shall not be constructed or newly located within:
   1. One (1) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. Fifteen hundred (1,500) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
6. Security. The operations of a landfill shall be totally enclosed by a security fence or wall at least eight (8) feet in height. Entrances and exits should be secured and locked during non-operating hours.
7. Perimeter Setback. Two hundred fifty (250) feet.
8. Perimeter Buffer. Seventy-five (75) feet.
9. Sedimentation Control. Permanent control measures are required to retain all non-compacted soils on-site.
10. Hours of Operation. 6:00 a.m. to 9:00 p.m.

SR 10.8. Machining and Assembly Operations

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 10.9. Manufacturing and Production Operations

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.

SR 10.10. Materials Recovery Facilities (Recycling)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A materials recovery facility shall not be constructed or newly located within one-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution.
5. Security. The operations of a materials recovery facility shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. One hundred (100) feet.
7. Hours of Operation. 6:00 a.m. to 9:00 p.m.

SR 10.11. Mining and Extraction Operations

A. Mining Operations Permitted and Constructed Prior to 2007

1. Application. SR 10.11(A) applies to mines that existed prior to September 19, 2007, to facilitate and protect reasonable expansion of pre-existing investments and operations.
2. State Mining Permit. All mining operations shall be governed by the restrictions and allowances of the owner or operator’s State Mining Permit.
3. Expansion. Mines may be expanded to adjacent tracts subject to pre-2007 setbacks and subject to the following restrictions:
   1. If the adjacent tracts are zoned Industrial District, the tracts may be used for all operations allowed by the State Mining Permit.
   2. If the adjacent tracts are not zoned Industrial District, the adjacent tracts may be used for the storage of overburden only. No mineral extraction or blasting shall be allowed on adjacent tracts not zoned Industrial District.
4. Accessory Uses. The following activities shall be considered accessory uses to mining extraction if established within the State Mining Permit Boundary: a) aggregate production; b) stockpiling; c) shipping; d) maintenance and office operations; e) overburden storage; and f) recycling and reuse of concrete and asphalt materials to aggregates.
5. Vesting. A mine shall be vested for all operations allowed in its State Mining Permit. If a mine is expanded to adjacent properties, an owner or operator may seek a vested rights determination pursuant to LDC sections 42-363 and 42-364 and consistent with rights established in N.C. Gen. Stat. §160D-108 and §108.1.
6. Relocation. All primary and accessory uses and any other existing and vested uses may be relocated to other areas within the State Mining Permit Boundary as identified in the State Mining Permit.

B. Mining Operations Established After 2007

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A mining or extraction operation shall not be constructed or newly located within:
   1. One-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution; and
   2. One thousand (1,000) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Security. The operations of a mining and extraction operation shall be totally enclosed by a security fence or wall at least eight (8) feet in height. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. One hundred (100) feet.
7. Operations. A plan outlining rehabilitation procedures and financing options for restoration of the mining or extraction site is required. Within two (2) years after the cessation of a mining or extraction operation, rehabilitation processes must be complete.
8. Sedimentation Control. Permanent control measures are required to retain all non-compacted soils on site.

SR 10.12. Packaging and Labeling Services

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 10.13. Pesticide, Fertilizer and Other Agricultural Chemical Manufacturing

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A pesticide, fertilizer and other agricultural chemical manufacturing use shall not be constructed or newly located within one-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution.
5. Security. The operations of a pesticide, fertilizer and other agricultural chemical manufacturing use shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. One hundred (100) feet.

SR 10.14. Product Processing and Storage Facilities

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.

SR 10.15. Recycling Center, Drop-Off Facilities

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Security. The operations of a recycling center with drop off facilities shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
4. Screening. Screen Class One (1), Two (2) or Three (3) shall be provided consistent with the requirements of §42-181 (Screen Classification).
5. Hours of Operation. 6:00 a.m. to 9:00 p.m.

SR 10.16. Research and Development Operations (Hazardous or biological materials)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A research and development operation (hazardous or biological materials) shall not be constructed or newly located within one-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution
5. Security. The operations of a research and development operation (hazardous or biological materials) shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. One hundred (100) feet.

SR 10.17. Research and Development Operations (Non-hazardous)

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Security. The operations of a research and development operation (nonhazardous) shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.

SR 10.18. Sawmill

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A sawmill shall not be constructed or newly located within one-quarter (¼) mile of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use), existing school, library, day care facility, healthcare facility, park and/or religious institution.
5. Security. The operations of a sawmill (including equipment) shall be totally enclosed by: (1) a security fence at least eight (8) feet in height; (2) a wall at least eight (8) feet in height; or (3) a fireproof building. Entrances and exits should be secured and locked during non-operating hours.
6. Perimeter Setback. Fifty (50) feet.
7. Debris Disposal. Disposal of excess inert debris is prohibited on site unless operation is in compliance with development standards for land clearing debris and inert debris storage or disposal operations (see SR 9.5. (Land Clearing Debris and Inert Debris Storage or Disposal) for standards).
8. Hours of Operation. 6:00 a.m. to 9:00 p.m.

SR 10.19. Slaughterhouse

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Dust Reduction. Unpaved roads, travelways and/or parking areas shall be treated to prevent dust from adverse affects to adjacent properties.
4. Separation. A slaughterhouse shall not be constructed or newly located within one-half (½) mile of an existing school, library, day care facility, healthcare facility and/or religious institution.
5. Perimeter Setback. One hundred (100) feet.
6. Hours of Operation. 6:00 a.m. to 9:00 p.m.

SR 10.20. Truck Wash

1. Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
2. Lighting. Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting mitigation required.
3. Structure. All associated lanes and driveways shall be covered with an all-weather surface.
4. Parking/Drive. Parking areas/stacking facilities shall be designed to ensure parked/waiting vehicles do not block sidewalks, driveways or roads.
5. On-Site Drainage System. Provisions shall be made for an on-site drainage system to capture water used to wash vehicles. The drainage plan shall be evaluated by the Zoning Administrator to determine that the water from the facility will not have a detrimental effect on adjacent property, roads and/or surface waters.
6. Operations. Storage or repair of vehicles shall not be permitted within the truck washing facility.
7. Screening. Screen Class Two (2) shall be provided consistent with the requirements of §42-181 (Screen Classification).

 

11. TEMPORARY USES

SR 11.1. Christmas Tree Lot Sales

1. Duration and Frequency. Temporary Christmas tree lot sales may be operated for no longer than forty-five (45) days.

SR 11.2. Circuses, Carnivals, Fairs, Religious Services (or similar types of events)

1. Duration and Frequency. Not more than two (2) temporary events shall be held in a 12 month period.
   1. Temporary circuses, fairs, and similar types of events may be operated for no longer than eight (8) days.
   2. Carnivals may be operated for no longer than 10 days.
   3. Religious services may operate for up to twelve (12) weeks.
2. Hours of Operation. Where a circus, carnival, fair, religious service or similar types of events and being held in a residential zoning district or within 500 feet of a residential zoning district, the hours of operation shall be limited to between 7:00 a.m. and 11:00 p.m.
3. Application. The application shall depict the locations of pedestrian circulation areas and equipment storage areas.
4. Separation Requirements. The use shall not be placed within 50 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
5. Solid Waste Collection System Requirements. Arrangements shall be made for suitable garbage disposal and site clean-up.

SR 11.3. Model Home/Sales Office, Temporary

1. Duration and Frequency. Temporary model homes/sales offices shall be permitted within a new residential development, provided that the model home/sales office: (1) is located on a lot that was approved as part of an approved preliminary or master plan; and (2) will be converted to a dwelling unit or taken down after its use as a sales office/model home. Temporary model homes/sales offices may initially be approved for a period of up to three (3) years, which may be extended for additional one (1) year terms so long as development is continuing. If the Temporary Model Home/Sales Office was noted on an approved Preliminary or Master Plan, a temporary use permit is not required.

SR 11.4. Portable Sawmill

1. Duration. Aportable sawmill may be permitted as a temporary use not to exceed ninety (90) days. The Zoning Administrator may allow for ninety (90) day extension upon request by the applicant.

SR 11.5. Special Events between 250 and 499 persons

1. Application. A special event application shall be submitted to the Zoning Administrator thirty (30) days prior to the event.
2. Separation Requirements. The use shall not be placed within 50 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
3. Solid Waste Collection System Requirements. Arrangements shall be made for suitable garbage disposal and site clean-up.
4. Site Plan. Minor Site Plan required in accordance with §42-299 (Minor Site Plan Review).
5. Approval Authority. The Zoning Administrator shall approve the temporary use permit.
6. Accessibility. County staff acting  in their official duties may inspect the event for compliance with the temporary use permit seventy-two (72) hours prior to the start of the event.
7. Applicable Permits. The applicant shall apply for required permits from local and State governments and agencies including but not limited to food service, sanitation, and water supply. The applicant shall apply with the N.C. Alcoholic Beverage Control (ABC) Commission when alcohol is being served or sold.
8. Prohibited Activities. All unlawful activities are prohibited.

SR 11.6. Special Events 500 persons or more

1. Application. A special event application shall be submitted to the Zoning Administrator sixty (60) days prior to the event.
2. Separation Requirements. The use shall not be placed within 50 feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).
3. Solid Waste Collection System Requirements. Arrangements shall be made for suitable garbage disposal and site clean-up.
4. Site Plan. Minor Site Plan required in accordance with §42-299 (Minor Site Plan Review). Applicants with a previously approved site plan may resubmit or amend the site plan for multiple events. The Zoning Administrator may require a new site plan submittal if the event venue, location or layout is substantially different.
5. Emergency Action Plan. Emergency action plan addressing security, emergency medical services, evacuation protocol and access of emergency service responders, fire, and law enforcement is required to be on file with the Zoning Administrator. Applicants with a previously approved emergency action plan may resubmit for multiple events.
6. Approval Authority. The TRC shall approve the temporary use permit.
7. Applicable Permits. The applicant shall apply for required permits from local and State governments and agencies including but not limited to food service, sanitation, and water supply. The applicant shall apply with the N.C. Alcoholic Beverage Control (ABC) Commission when alcohol is being served or sold.
8. Accessibility. County staff acting in their official duties may inspect the event for compliance with the temporary use permit seventy-two (72) hours prior to the start of the event.
9. Prohibited Activities. All unlawful activities are prohibited.

SR 11.7. Temporary Debirs Storage and Reduction Sites (TDSRs)

The County, or any property owner or lessee thereof, in compliance with the requirements of NCDEQ and FEMA as they may exist at the time, may establish sites for temporary debris storage and reduction sites (TDSRs) following a declared disaster. The proposed location shall be within an area with specifically defined boundaries and under specific conditions as determined by a local or federal Disaster Declaration where public or individual assistance is made available.

1. Approved TDSR’s shall be approved by NCDEQ and shall meet all applicable setbacks and regulations under federal and state laws.
2. A Zoning Permit is required for all approved TDSR’s. A sketch plan showing the general location and setbacks shall be submitted to the Zoning Administrator. All County imposed permit fees are waived.
3. Approved TDSR’s shall be used for debris storage and reduction sites for a period of eighteen (18) months with up to two (2), 1-year extension requests provided that the NCDEQ permit remains in effect.

SR 11.8. Temporary Housing Post Disaster Declaration

The purpose of temporary housing units following a disaster is to have safe, sanitary and secure housing for individuals impacted by the disaster for a temporary period. Either the Federal Emergency Management Agency (“FEMA”) or the County or any property owner or lessee thereof may establish a temporary housing site of approved structures or may temporarily expand existing Manufactured Home Parks or Recreational Vehicle Parks to house displaced individuals following an declared disaster. The location of the temporary housing units shall be within the boundaries of the Federally or locally declared disaster area, under specific conditions as determined by the Disaster Declaration where public or individual assistance is made available. Individuals whose homes have been impacted by the disaster may also place temporary housing units on any parcel(s) in the county while repairs or construction on their home impacted by the disaster is actively taking place.

1. Approved temporary housing units include but are not necessarily limited to recreational vehicles (RV’s), travel trailers, park model recreational vehicles, modular homes, or manufactured homes each of which provides safe, sanitary and secure housing for individuals impacted by the disaster for a temporary period of time not to exceed initial period of thirty-six (36) months and may receive a maximum of two (2), 1-year extension requests upon application and upon a showing that repairs or construction on the home affected by the disaster is actively taking place. Additional extensions shall be considered by the County on a case-by-case basis.
2. A property owner or lessee thereof, FEMA or the County may establish a designated site of approved temporary units, may temporarily expand an existing Manufactured Home Park or Recreational Vehicle Park, or place the temporary structure on an individual’s property. FEMA or the County shall retain ownership of any such approved temporary structures that either FEMA or the County owned and allowed to be used as approved temporary units.
3. Individuals that have homes within the Federally and locally declared disaster area that have been impacted by the disaster may place an approved temporary structure on any property in the county while repairs or construction on the home impacted by the disaster is actively taking place.
4. Manufactured home park owners may allow recreational vehicles and park model recreational vehicles as a temporary use within the park.
5. A Zoning Permit is required for all approved units that will be utilized as a temporary housing unit. Henderson County will maintain a database of these units’ location, owner, and permit expirations. The County shall not impose any fee for any said permit or application therefore.
6. Approved temporary housing units may be permitted for an initial period of thirty-six (36) months and may receive a maximum of two (2), 1-year extension requests upon application and upon a showing that repairs or construction on the home affected by the disaster is actively taking place. Any time within the said period, occupancy of the said unit may transfer from the initial occupant(s) to another impacted individual or family without additional application or approval of the County. Additional extensions shall be considered by the County on a case by case basis. Should any said unit be relocated, the permitting requirements shall apply.
7. Approved temporary housing units must adhere to all applicable local, state, and federal laws and must obtain all applicable permits or approvals including public or private utilities (power, water, or sewer), wells, septic systems, and NCDOT driveway permits and encroachments. All County imposed permit fees are waived.
8. Approved temporary housing units shall be removed from the site where temporarily permitted upon the sooner to occur of the date 30 calendar days after completion of the rehabilitation work or the expiration. Recreational vehicles or travel trailers may remain on individual’s property but shall be disconnected from utilities and registered as a vehicle.
9. For any established site for temporary housing units in a community or group setting, the following shall apply:
   1. Approved units shall be set back a minimum of 10 feet from the perimeter of the site and shall not be located within any deeded right-of-way.
   2. A sketch plan showing the general location and estimated number of dwelling units, parking, ingress and egress, and provisions for utilities including power, water supply, wastewater disposal, stormwater management, and solid waste management. This plan shall be submitted to the Zoning Administrator and shall be followed in the siting of the approved temporary housing units on the property.

SR 11.9. Yard Sale

1. Duration and Frequency. The duration of a yard sale may be for no more than three (3) days at a time and for no more than 12 days in a 12 month period. Yard sales are expressly prohibited as a permanent use and shall be regulated as Retail Trade and Food Service should the use continue over a longer period of time.

12. TEMPORARY STRUCTURES

SR 12.1. Portable Storage Containers

1. Maximum Number Permitted Per Lot. One (1) for residential zoning district property.
2. Duration and Frequency. Portable storage containers shall be placed on residential zoning district property for no more than 90 days, no more than three (3) times in a 12 month period.
3. Permanent Structures. Portable storage containers may be permitted as accessory structures.

SR 12.2. Produce Stand, Temporary

1. Setbacks. Temporary stands may be established in the front yard setback.
2. Duration and Frequency. Temporary stands may be operated for no longer than 180 days in a 12 month period.

SR 12.3. Temporary Construction Project Buildings

1. Duration and Frequency. Temporary construction project buildings shall be permitted only for those time periods for which a building permit has been issued.

SR 12.4. Tent Sale

1. Duration and Frequency. Temporary tent sales may be operated for no greater than two (2) weeks. Not more than two (2) temporary tent sales shall be held in a 12 month period.
2. Locational Requirements. Temporary tent sales shall not encroach on the public right-of-way, parking spaces or required loading spaces.