Waynesville North Carolina

Search

Home

Planning - Land Development

Article VI

ARTICLE VI.
SUPPLEMENTAL USE REGULATIONS

Summary: This Article establishes criteria for particular uses that may be permitted within one or more of the land development districts established in Article V if meeting the requirements for the particular use set forth in this section. The criteria for each use listed herein shall apply to uses permitted by-right subject to special requirements as well as to conditional uses which are also subject to conditional use review and standards as set forth in Sec. 154.083.

TABLE OF CONTENTS

SECTION

154.200 General Provisions
154.201 Accessory Dwellings
154.202 Adult Establishments
154.203 Animal Production
154.204 Animal Shelters
154.205 Athletic Fields, Public or Private
154.206 Automobile, Rental and Leasing
154.207 Automobile Sales, New and Used
154.208 Automobile Towing, Including Storage Services
154.209 Bed and Breakfast Homes
154.210 Boarding Houses
154.211 Boat and RV Dealers, New and Used
154.212 Reserved
154.213 Reserved
154.214 Reserved
154.215 Car and Light Truck Washes
154.216 Cemeteries, Columbariums and Mausoleums
154.217 Child and Adult Care Centers
154.218 Civic, Social and Fraternal Organizations
154.219 Cluster Developments
154.220 Common Area Recreation and Service Facilities
154.221 Continued Care Retirement Communities
154.222 Convenience Stores (With Gasoline Pumps)
154.223 Correctional Institutions
154.224 Country Clubs
154.225 Development Over 100,000 Square Feet (GFA) or Twenty (20) Dwelling Units
154.226 Dwellings, Multi-Family
154.227 Dwellings, Single-Family Attached
154.228 Dwellings, Manufactured Homes on Individual Lots
154.229 Reserved
154.230 Golf Courses
154.231 Heavy Truck, RV and Semi-Trailer Leasing
154.232 Home Occupations
154.233 Inns
154.234 Reserved
154.235 Kennels
154.236 Landscape and Horticultural Service
154.237 Macro Wireless Communications Facility
154.238 Manufactured Home Parks
154.239 Manufactured Home Sales
154.240 Materials Recovery Facilities, Governmental and Non-Governmental (Recycling)
154.241 Micro Wireless Communications Facility
154.242 Mini Wireless Communications Facility
154.243 Monopole Wireless Communications Tower
154.244 Motorcycle Dealers, New and Used
154.245 Public or Private Parks, Active
154.246 Reserved
154.247 Public Recreation Facilities
154.248 Reserved
154.249 Recreational Uses, Outdoor, Not Otherwise Listed
154.250 Recycling Collection Stations
154.251 Repair and Maintenance Services, Appliances and Electronics
154.252 Repair and Maintenance Services, Automobile, Major
154.253 Repair and Maintenance Services, Automobile, Minor
154.254 Repair and Maintenance Services, Boat and Commercial Trucks
154.255 Repair and Maintenance Services, Commercial and Industrial Equipment
154.256 Residential Care Facilities
154.257 Riding Stables
154.258 Reserved
154.259 Reserved
154.260 Schools, Elementary and Secondary
154.261 Schools, Truck Driving
154.262 Shooting Range, Outdoor
154.263 Special Congregate Facilities
154.264 Swim and Tennis Clubs
154.265 Theaters, Live Performance, Outdoor
154.266 Truck (Medium and Heavy) Washes
154.267 Warehouses
154.268 Warehouses, Self-Storage - Central Business District
154.269 Warehouses, Self Storage - Other Districts
154.270 Waste Collection, Hazardous, Other and Solid, Non-Hazardous
154.271-154.299 Reserved

154.200 GENERAL PROVISIONS.

(A) Applicability.
• The provisions of this article are supplemental to the general provisions of other articles of the Land Development Standards.
• Where a use is listed as "Permitted with Special Requirements" or as a "Conditional Use" in the district in which it is located, the additional criteria set forth in this article for that use must be met in addition to other applicable criteria contained in this chapter.

(B) Permitted Uses with Special Requirements.
• Permitted uses with special requirements are uses permitted by right, provided that the specific standards set forth in this article are met.
• The specified standards are intended to insure that these uses fit the vision of the land development districts in which they are permitted, and that these uses are compatible with other development permitted within the districts.
• Approval procedures for permitted uses with special requirements are found in Sec. 154.082.

(C) Conditional Uses.
• Conditional uses are uses which are generally compatible with other land uses permitted in a land development district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and/or the town as a whole, require individual consideration in their location, design, configuration, and/or operation at the particular location proposed.
• All conditional uses shall at a minimum meet the standards for the land development district in which they are located and the specific standards set forth in this article for that use.
• Individual consideration of the use may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety and welfare.
• Approval procedures for conditional uses are found in Sec. 154.083.

(D) Conflict with Other Regulations.
• If there is a conflict between the standards set forth in this article and any other requirements of this chapter, the standards of this article shall control except as set forth below.
• The land development district in which a particular use is permitted is controlled by the use listings found for the individual districts. In the event of any inconsistency between this article and the use listings for the districts, the use listings found in Article V shall control.

154.201 ACCESSORY DWELLINGS.

(A) Number.
• Only one accessory dwelling is permitted per lot.

(B) Other Applicable Laws.
• Accessory dwellings must comply with all applicable local, state and federal laws.

(C) Placement on the Lot.
• A detached accessory dwelling shall be sited to the rear of the principal building. In the rural districts, the accessory dwelling may be sited to the side of the principal building if the lot exceeds two (2) acres in size.

(D) Yard Requirements.
• The accessory dwelling shall meet all yard requirements as established for principal uses within the land development district in which it is located.

(E) Compatibility.
• The accessory dwelling shall meet all applicable design standards for the land development district in which it is located.
• The accessory dwelling shall be clearly subordinate (size, etc.) to the main structure.
• The exterior of the accessory dwelling shall be compatible with the principal residence in terms of color, siding, and roofing appearance.

(F) Manufactured Housing, Campers, Recreational Vehicles, Etc.
• Manufactured housing, campers, travel trailers and recreational vehicles are not permitted for use as an accessory dwelling.

154.202 ADULT ESTABLISHMENTS.

(A) Purpose.
• The Board of Aldermen of the Town of Waynesville finds that it is necessary to set forth the appropriate special requirements by which adult establishments may be established within the Town's zoning jurisdiction.
• Adult establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near residential areas or educational, religious or recreational uses.
• Studies have shown that lower property values and increased crime rates tend to accompany and are brought about by the concentration of adult establishments.
• The Board of Aldermen finds that the regulation of these uses is necessary to ensure that these adverse effects do not contribute to the blighting of surrounding neighborhoods and to protect the quality of life in the Town of Waynesville.
• It is not the intent of the Board of Aldermen in adopting this section to suppress any activities protected by the First Amendment, but rather to enact a content neutral standard that addresses the secondary effects that adult establishments have on the Town.

(B) Location.
• No adult establishment shall be located within one thousand three hundred and twenty feet (1,320) of another adult establishment.
• No adult establishment shall be located within one thousand three hundred and twenty (1,320) feet of: a church, synagogue or regular place of worship; a public or private elementary or secondary school; a public library; a public park or playground; a licensed child care center; or an entertainment business that is oriented primarily toward children.
• No adult establishment shall be located within one hundred (100) feet of Russ Avenue, from Frazier Street to Walnut Street, measured from the edge of the traveled way.
• For the purposes of this section, measurement shall be made in a straight line, from the nearest property line on which an adult establishment is located to the nearest property line of the premises of any use listed above.

(C) Signs and Displays.
• No sexually oriented printed material, slide, video, photograph, written text, live show, or other sexually oriented visual display shall be visible from outside the walls of the establishment, nor shall any live or recorded voices, music or sounds be heard from outside the walls of the establishment.

(D) Hours of Operation.
• No adult establishment, except an adult motel, may remain open at any time between the hours of one o'clock (1:00) a.m. and eight o'clock (8:00) a.m. on weekdays and Saturdays, and one o'clock (1:00) a.m. and twelve (12:00) p.m. on Sundays.

154.203 ANIMAL PRODUCTION.

(A) Size of Lot.
• Animal production may only occur on a lot exceeding two (2) acres in size.

(B) Number of Animals.
• Not more than one (1) animal unit shall be kept, maintained or stabled per six thousand (6,000) square feet of land.

(C) Distance from Dwelling Unit.
• All animals shall be fenced so that they are no closer than one-hundred (100) feet from a dwelling unit on an adjacent property. This provision shall not apply if a dwelling unit is constructed so as to encroach upon an existing animal production use. However, an existing animal production use may not expand towards a newly established residential use.

154.204 ANIMAL SHELTERS.

(A) Confinement of Animals.
• Outdoor pens and runs are prohibited.

(B) Disposal of Waste.
• All animal refuse and food shall be kept in airtight containers and disposed of on a regular basis.
• Animal wastes shall not be stored within one hundred and fifty (150) feet of any property line or surface waters unless located indoors.

(C) Buffering.
• Animal shelters shall be buffered from any adjoining residentially zoned property as set forth in Sec. 154.303(D).
(D) Minimum Lot Size.
* Within the Hall Top Rural District the minimum lot size for Animal Shelters shall be three (3) acres.

154.205 ATHLETIC FIELDS, PUBLIC OR PRIVATE.

(A) Buffering.
• Athletic fields shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.303(D).

(B) Access.
• Primary access to all athletic fields shall be to collector or thoroughfare streets

(C) Operation Standards.
• Lights shall be shielded and positioned so as not to shine onto adjacent properties.
• Lights and loud speaker systems shall not be operated before 8:00 a.m. or after 10:00 p.m.

154.206 AUTOMOBILE, RENTAL AND LEASING.

(A) Storage of Vehicles.
• Outdoor storage of vehicles for rent or lease must maintain a solid buffer around the vehicular parking areas where it abuts neighboring residential properties (where it abuts a street it must maintain a ?street wall?). Indoor storage is not subject to these requirements.

154.207 AUTOMOBILE SALES, NEW AND USED.

(A) Storage of Vehicles.
• Outdoor storage of vehicles for sale must maintain a solid buffer around the vehicular parking areas where it abuts neighboring residential properties (where it abuts a street it must maintain a ?street wall?). Indoor storage is not subject to these requirements.

154.208 AUTOMOBILE TOWING, INCLUDING STORAGE SERVICES.

(A) Storage of Vehicles.
• Outdoor storage of items, parts, equipment, vehicles, etc. shall be completely buffered using a solid buffer (see 154.303).
• Any storage areas must maintain the 20? stream buffer.

154.209 BED AND BREAKFAST HOMES.

(A) Owners/Employees.
• The owners or managers of a bed and breakfast home shall reside on the premises.
• No more than two (2) persons not in residence on the premises shall be employed in connection with the bed and breakfast home.

(B) Structure/Rooms.
• A structure used for a bed and breakfast home shall appear residential in nature.
• The maximum number of rented rooms shall not exceed four (4) rooms.
• No cooking facilities shall be provided in the guest rooms.

(C) Activities.
• Activities and functions at the bed and breakfast home shall be provided for overnight guests only and shall be limited to breakfast and an afternoon and/or evening refreshment.
• In addition to the functions for overnight guests, the bed and breakfast home may have four (4) private parties, receptions or similar contracted activities per year. A temporary use permit (see Sec. 154.090) must be obtained for each such event. In no way is this provision meant to restrict the owner/manager's use of their home for personal entertaining.

154.210 BOARDING HOUSES.

(A) Owner/Manager.
• The owner or manager of the boarding house shall reside on the premises.

(B) Structure/Rooms.
• A structure used for a boarding house shall appear residential in nature.
• No cooking facilities shall be provided in the guest rooms.

(C) Parking.
• Parking shall be buffered completely from all adjacent properties and the street as provided in Sec. 154.303.

154.211 BOAT AND RV DEALERS, NEW AND USED.

(A) Outdoor Storage.
• Outdoor storage of vehicles for sale or lease is not permitted.

154.212 RESERVED.

154.213 RESERVED.

154.214 RESERVED.
154.215 CAR AND LIGHT TRUCK WASHES.

(A) Building Location/Buffering.
• Buildings and accessory uses shall not be less than seventy-five (75) feet from any interior side or rear property line that adjoins residentially zoned property.
• Car and light truck washes shall be buffered from adjoining residential property as set forth in 154.303(D).
• Vehicle bays shall be hidden from the street either by orientation or by screening.

(B) Operational Standards.
• Hours of operation shall be between 7:00 a.m. and 10:00 p.m. when the property adjoins developed residentially zoned property.
• Adequate provisions shall be made for the safe and efficient disposal of waste products.

154.216 CEMETERIES, COLUMBARIUMS AND MAUSOLEUMS.

(A) Minimum Lot Size.
• A minimum of three (3) contiguous acres shall be required to establish a cemetery, columbarium or mausoleum not located on the same tract of land as a church.

(B) Minimum Yard Requirements.
• The minimum yard required for all structures, excluding gatehouses, is fifty (50) feet from any exterior property line. Gatehouses shall be excluded from any minimum yard requirement.
• The minimum yard required for any grave or burial plot is fifty (50) feet from any exterior property line. This requirement does not apply where the adjacent property contains an existing cemetery.

154.217 CHILD AND ADULT CARE CENTERS

(A) Compliance with Regulations.
• All state and local regulations must be met.
• A copy of the N.C. State license issued to the facility shall be available for inspection.

(B) Access.
• Adequate access to and from the site, as well as adequate off-street space must be provided for the pickup and discharge of children or adults.

(C) Buffering.
• Child and adult care centers shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.303(D).

154.218 CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS

(A) Buffering.
• Civic, social and fraternal organizations shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.303(D).

154.219 CLUSTER DEVELOPMENTS.

(A) Purpose.
• Clustering allows a developer to create lots at a greater density than those required by the standard regulations of this chapter if preserving important open space within the development.
• A portion (as set forth below) of the total project area must be set aside as common open space for a development to qualify as a cluster development.

(B) Development Standards.
• For parcels up to 2900 feet in elevation, a reservation of thirty to thirty-nine (30-39%) percent of common open space allows a developer to increase the permitted density by 1.4 times that allowed in the land development district in which the property is located.
• For parcels up to 2900 feet in elevation, a reservation of forty to forty-nine (40-49%) percent of common open space allows a developer to increase the permitted density by 1.6 times that allowed in the land development district in which the property is located.
• For parcels up to 2900 feet in elevation, a reservation of fifty (50%) or more of common open space allows a developer to increase the permitted density by 2 times that allowed in the land development district in which the property is located.
• For parcels located above 2900 feet in elevation, see Hillside Protection, 154.403.
• Cluster developments must be served by a public water system and a public sewer system or a non-conventional sewer system that has been approved by the Public Works Director and the environmental section of the Haywood County Health Department.
• Dimensional lot requirements for a cluster development may be reduced up to fifty (50) percent of those required in the land development district in which the property is located.

(C) Open Space Standards.
• Lots intended to be dedicated open space shall be designated on the subdivision plat as "common open space". Structures, other than recreational structures, shall not be permitted on such lots.
• At least fifty (50%) percent of the dedicated open space must be contiguous.
• Plans for the maintenance of the open space shall be submitted with the cluster development proposal and the ownership, preservation and maintenance of such open space ensured by one of the following mechanisms:
• Dedication of open space to the town, an appropriate public agency, or a non-profit entity (such as a land conservancy) if such an agency or entity is willing to accept the dedication and is financially capable of maintaining such open space.
• Common ownership of the open space by a property owner's association which assumes full responsibility for its maintenance. The restrictive covenants for the development must provide for the open space to be maintained in perpetuity.
• Pedestrian access to all areas preserved for open space is to be provided by frontage on a public street right-of-way or a recorded pedestrian easement or fee simple property of at least fifteen (15) feet in width.

(D) Guarantees.
- All proposed improvements in the clustered development shall comply with the relevant standards set forth in this chapter.
- In lieu of requiring the completion, installation and dedication of all improvements and prior to issuance of a building permit, the town may enter into an agreement with the developer whereby the developer shall agree to complete all required improvements.
- Once the agreement is signed by both parties and the required security is provided, building permits may be issued for the development.
- To secure this agreement, the developer and town must comply with the requirements listed in Section 154.502(B).
- If the developer or surety do not complete the required improvements in a timely manner, the board of aldermen may require the developer, surety, or financial institution holding the escrow account to pay all or any portion of the bond or escrow accound fund to the town. Upon payment, the board of aldermen, in its discretion, may expend such portion of the funds as it deems necessary to complete all or any portion of the required improvements.
- The town manager may release a portion of any security posted as the improvements are completed and recommended for approval by the Director of Public Works and the planning department.
- Within thirty-two (32) days after approval of all improvements by the appropriate authorized town official, the town manager may release the security guarantee.

154.220 COMMON AREA RECREATION AND SERVICE FACILTIES.

(A) Buffering.
• Common area recreation and service facilities shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.154.303(D).
• Common area recreation facilities shall be located a minimum of fifty (50) feet from any residential unit or must be buffered from dwelling units (both within and outside of the development) as set forth in Sec. 154.303(D).

154.221 CONTINUED CARE RETIREMENT COMMUNITIES.

(A) Minimum Lot/Density Requirements.
• A minimum lot size of twenty-five thousand (25,000) square feet is required.
• Side and rear yard requirements shall be fifty (50) feet.
• The maximum gross density for a continued care retirement community shall not exceed twelve (12) units per acre. Each dwelling in a duplex, townhouse, garden apartment, apartment building, and each two-bed residential personal care unit and each three (3) beds in a skilled care nursing facility shall constitute one (1) dwelling unit for the purposes of calculating the density of a continued care retirement community.

(B) Development Standards.
• Continued care retirement communities shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.303(D).
• The total open space (an area not occupied by any structures or impervious surfaces) shall not be less than fifty (50%) percent of the gross area of the site. Such open space are may be used to protect natural resources or to provide for community recreational facilities. Floodway, flood fringe, or stormwater management facilities, required yard and setback areas may be used to satisfy the requirement for open space.
• To the extent practicable, the community shall provide access connectivity (vehicular and pedestrian) to adjacent neighborhoods.
• All continued care retirement communities shall install underground utility systems.
• Where a community adjoins a residential district, with or without an intervening street or alley, to the maximum extent reasonably practicable, residential uses within the community shall be located adjacent to the residential district, and non-residential uses and signs shall be located and oriented away from the residential district.

(C) Permitted Uses.
• Congregate dining facilities, recreational and social facilities, health care facilities and similar services for residents are permitted within a continued care retirement community.
• Gift shops, snack shops, banks and barber/beauty shops for residents shall be permitted within a continued care retirement community.
• Residential dwellings (single-family, two-family, multi-family, detached, semi-detached and attached) shall be permitted as part of the development.
• Personal care and/or skilled nursing facilities shall be permitted for persons age fifty-five or older or disabled persons.
• Administrative offices and operational facilities for management of the community shall be permitted.

154.222 CONVENIENCE STORES (WITH GASOLINE PUMPS).

(A) Location.
• All convenience stores must be located at the intersection of two (2) public streets.

(B) Canopies.
• Pump canopies must be located to the rear of the principal building.
• Pump canopies must be located at least fifty (50) feet from any interior side or rear property line that adjoins residentially developed property.
• Convenience stores with gasoline pumps shall be buffered from adjoining residential uses as set forth in Sec. 154.303(D).

(C) Operations Standards.
• All lighting must be shielded to direct light and glare only onto the lot or parcel where the convenience store is located.
• Convenience stores shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

154.223 CORRECTIONAL INSTITUTIONS.

(A) Buffering.
• Correctional institutions shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.303(D).

154.224 COUNTRY CLUBS.

(A) Buffering.
• Country clubs shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.303(D).

154.225 DEVELOPMENTS OVER 100,000 SQUARE FEET IN GROSS FLOOR AREA OR TWENTY (20) DWELLING UNITS.

(A) General Standards.
• Buildings over 100,000 square feet in gross floor area shall comply with all the standards for the district in which they are proposed as well as the standards for conditional uses set forth in Sec. 154.083.

(B) Outdoor Space.
• All buildings over 100,000 square feet in gross floor area shall provide at least one (1) outdoor space or site amenity to beautify the site in addition to the minimum buffering, landscaping and site design standards
• An outdoor space or site amenity may include, but is not limited to, the following:
• A public plaza or courtyard.
• A public square or park on the site.
• The outdoor space or site amenity shall be improved with features which may include but are not limited to, landscaping, benches, fountains, etc.
• The amenity must be connected to a public street or sidewalk and be accessible to the public.

(C) Mechanical Appurtenances.
• Mechanical appurtenances, to the extent possible, must be located within or on the structure. External appurtenances shall be screened from public view and finished to complement the materials and colors of the building.

154.226 DWELLINGS, MULTI-FAMILY.

(A) Vehicular Access/Parking.
• Parking areas for three (3) or more vehicles shall be buffered from adjoining properties or streets.
• Parallel, on-street parking, with the approval of the Public Works Director shall be encouraged on both public streets and streets within the complex.

(B) Pedestrian Amenities.
• Sidewalks or trails shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to: parking, trash disposal, common area recreation and service facilities, mailboxes, and adjoining greenways or sidewalks.

154.227 DWELLINGS, SINGLE-FAMILY ATTACHED.

(C) Design.
• All utility lines shall be located underground.
• Entryways shall face a street, sidewalk or common area and must have an entryway transition space. Buildings shall not face the rear of other buildings on the same lot.
• The minimum spacing between buildings shall be ten (10) feet, plus one (1) foot for each one (1) foot of building height in excess of thirty (30) feet, or as established by the NC State Building Code, whichever is greater.

154.228 DWELLINGS, MANUFACTURED HOMES ON
INDIVIDUAL LOTS.

(A) Placement/Foundation.
• The tongue, axles, running lights and removable towing apparatus must be removed prior to the issuance of a certificate of occupancy.
• The manufactured home shall be attached to a permanent foundation of brick, stone, concrete, framing or block that is unpierced except for required ventilation and access as required by the North Carolina State Building Code or for flood hazard construction.

(B) Design Standards.
• The pitch of the roof of the manufactured home has a minimum vertical rise of three (3) inches for every twelve (12) inches of horizontal run.
• The roof must be covered with a material that is customarily used on site-built dwellings. Aluminum or metal roofing is not permitted unless standing seam metal roofing or metal shingles are utilized.
• The roof shall have a minimum eave projection and roof overhang of ten (10) inches, not including the gutter.
• Exterior siding shall be of a material customarily used on site-built dwellings which does not have a high gloss finish, such as wood, conventional vinyl or metal siding, brick, stucco or similar materials. Smooth, ribbed or corrugated metal or plastic panels are not permitted.
• The length of the home shall not exceed four (4) times the width, excluding additions.
• Architectural and aesthetic standards specified in this section shall be applicable to all additions.
• At the main entrance door there shall be an entryway transition that is a minimum six (6) feet by six (6) feet.
• Manufactured homes must comply with the standards established by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Act of 1974, 42 U.S.C. ? 5401, et seq.

154.229 RESERVED.

154.230 GOLF COURSES.

(A) Buffering.
• All structures associated with the golf course and driving ranges must be buffered from adjacent residentially zoned property as set forth in Sec. 154.303(D).

154.231 HEAVY TRUCK, RV AND SEMI-TRAILER LEASING.

(A) Outdoor Storage.
• Outdoor storage of vehicles for sale or lease is not permitted.

154.232 HOME OCCUPATIONS.

(A) General Standards.
• The home occupation shall be clearly incidental and secondary to residential occupancy.
• The use shall be carried on entirely within an enclosed structure on the premises.
• The home occupation shall be operated by a resident of the dwelling.
• A maximum of twenty-five (25) percent of the gross floor area of the dwelling unit may be used for the home occupation.
• A maximum of two (2) full-time equivalent non-resident of the dwelling may be employed on the premises.
• No more than nine (9) clients may visit the home occupation per day. Clients may visit the home occupation only between the hours of 8:00 a.m. and 8:00 p.m.

(B) Exterior Appearance.
• The use shall not change the residential character of the dwelling.
• Storage of goods and materials associated with the home occupation must be completely within an enclosed structure.
• Parking must be provided so as not to create hazards or street congestion.
• Only one (1) vehicle principally used in connection with the home occupation shall be parked or stored on the premises.
• No display of goods, products, services or other advertising (except permitted signage as set forth in Sec. 154.308) shall be visible from outside of the dwelling.
• No generation of dust, odors, noise, vibration or electrical interference or fluctuation shall be perceptible beyond the property line.

154.233 INNS.

(A) Development Standards.
• Inns shall be buffered from any adjoining residentially zoned property as set forth in Sec. 15.303(D).

(B) Owners/Employees.
• An owner/manager of the inn shall reside on the property.

(C) Parcel Size
♦ Each Inn constructed in a residential district shall be on a lot which is no less that five (5) acres in size. The size limit is waived if the principal building is on the National Register of Historic Places, either individually or as a contributing building within a district, is designated as a Local Historic Landmark by the Board of Aldermen, or is on the inventory of historic properties maintained by the Historic Preservation Commission.

(D) Number of Rooms
♦ Inns shall provide no more than thirty (30) rooms for loding; however, inns on properties of less than five (5) acres shall provide no more than twenty (20) rooms for lodging.

Activities.

i. Special Events. Inns may have parties, receptions, or other similar contracted activity provided that these take place on no more than twelve (12) days within a one (1) year period; and that such events take place on no more than three (3) consecutive days. A temporary use permit (see Section 154.090) must be obtained for each such event.

ii. Meals Open to Over-night Guests. In addition to the special events above, the inn may also have up to one (1) meal per month open to non-overnight guests.

iii. Personal, non-commercial use of the inn by the resident owner or manager is not subject to the limitations of this section.

154.234 RESERVED.
154.235 KENNELS.

(A) General Standards.
• Any building or pen housing animals shall be located a minimum of one hundred fifty (150) feet from any residentially zoned or developed property.
• Areas used for exercising or training of animals shall be securely fenced to prevent the animals from straying.

(D) Disposal of Waste.
• All animal refuse and food shall be kept in airtight containers and disposed of on a regular basis.
• Animal wastes shall not be stored any closer than one hundred and fifty (150) feet from any property line or surface waters unless located indoors.

(E) Buffering.
• Kennels shall be buffered from any adjoining residentially zoned property as set forth in Sec. 154.303(D).

154.236 LANDSCAPE AND HORTICULTURAL SERVICE.

(A) Building Design.
• All buildings associated with the landscape and horticultural service shall be built at a residential scale.

(B) Location of Business.
• All aspects of the landscape and horticultural service operation shall be located out of any floodway.

154.237 MACRO WIRELESS COMMUNICATIONS FACILITY.

(A) General Standards.
• A macro facility shall be considered an accessory use.
• Placement of an macro facility on a non-conforming structure shall not be considered to be an expansion of the non-conforming structure. Placement of a macro facility on a non-conforming use shall not be considered to be an expansion of the non-conforming use.

(A) Development/Design Standards.
• A macro wireless facility must have a minimum setback of twenty (20) feet from any adjacent residentially zoned parcel.
• A macro facility may be located on buildings and structures provided that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.
• A macro facility shall be the same color as the existing building, pole or support structure on which it is proposed to be located. Stealth facilities are required.
• Macro facilities shall comply with the height limitation specified for all land development districts except that such facilities may exceed the height of existing structures by as much as fifteen (15) feet above the existing structure. Macro facilities may not extend more than fifteen (15) feet above their supporting structure.
• No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a macro facility other than as required by FCC regulations regarding registration of communications devices or other applicable laws.
• No macro facility shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, day-time strobes or steady night time light or other illumination devices, except as required by the FAA, FCC or the town.

(B) Discontinuance.
• Discontinued macro facilities shall be reported immediately by the service provider to the Planning Staff. Discontinued facilities shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair. The Planning Staff may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner.
• The provider erecting a macro facility, must have a draft lease agreement with the landholder, or separate equivalent documentation, that specifies if the provider fails to remove the facility upon six (6) months of its discontinued use, the responsibility for removal falls upon the landholder.

154.238 MANUFACTURED HOME PARKS.

(A) General Park Requirements.
• No manufactured home park shall be approved for a site less than three (3) contiguous acres under single ownership or control.
• The maximum allowable density in the manufactured home park shall be eight (8) dwelling units per buildable acre (land area excluding floodways, wetlands, and slope in excess of twenty (20%) percent).
• The manufactured home park shall be buffered from all adjacent property as set forth in Sec. 154.303(D).
• At least two (2) trees shall be planted (or retained) in the park per dwelling unit. These trees shall be in addition to those required to meet the landscape requirements contained in Sec. 154.303.
• The operator/manager of a manufactured home park shall designate and enforce a uniform type of underpinning of all manufactured homes in the community.
• All streets within a manufactured home park shall comply with the standards set forth in Sec. 154.309.
• An acceptable plan for the collection and disposal of garbage shall be included in the site plan for the manufactured home park.

(B) Manufactured Home Space Requirements.
• Each manufactured home shall be located at least thirty (30) feet from any other manufactured home or structure within the park, excluding storage buildings for use with the individual home. Each home shall be at least thirty-five (35) feet from any property line. If the property abuts a public street, the setback shall be forty (40) feet. Each home shall be setback at least twenty (20) feet from the edge of any travelled way within the park.
• There shall be front and rear steps and/or decks for each manufactured home.
• Each manufactured home space shall have a permanent site number sign that is clearly visible from the street running in front of the home.
• A minimum of two (2) parking spaces shall be provided for each manufactured home.
• A visitor parking area, consisting of one (1) space for each five (5) manufactured home units located within the park, shall be provided. This parking area does not have to be paved.
(C) Open Space.
• A minimum of two hundred (200) square feet of common open space shall be reserved in the manufactured home park for each manufactured home space.
• The designated open space may include active or passive recreation facilities and shall be centrally located and accessible to all manufactured homes within the community by means of sidewalks and/or walkways.
• The following areas shall not be included in the provision of common open space:
 Areas within any required individual manufactured home space.
 Parking areas.
 Areas used for landscaping along drives within the manufactured home park or areas used for buffering.
 Not more than fifty (50) percent of the area required to meet minimum yard requirements shall be designated as open space.

154.239 MANUFACTURED HOME SALES.

(A) Outdoor Storage.
• Outdoor storage of manufactured homes for sale or lease is not permitted.

154.240 MATERIALS RECOVERY FACILITIES,
GOVERNMENTAL AND NON-GOVERNMENTAL (RECYCLING).

(A) Yard Requirements.
• All aspects of the materials recovery facility operation shall be no closer than fifty (50) feet to adjacent property lines.

(B) Buffering.
• Material recovery facilities shall be screened from the street and from adjacent properties with a vegetative screen which, at a minimum, meets the standards set forth in Sec. 154.303.

(C) Recycling Materials.
• All recyclable material must be contained within a defined area or structure and shall not be allowed to spill out onto adjacent areas. The materials collection area shall be kept clean with no accumulation of trash and debris permitted.

154.241.1 MICRO WIRELESS COMMUNICATIONS FACILITY.

(A) General Standards.
• A micro wireless facility shall be considered an accessory use.
• Placement of a micro wireless facility on a non-conforming structure shall not be considered to be an expansion of the non-conforming structure. Placement of a micro facility on a non-conforming use shall not be considered to be an expansion of the non-conforming use.

(B) Development/Design Standards.
• A micro wireless facility shall be located on existing buildings, poles or other existing support structures.
• A micro facility may be located on buildings and structures provided that the interior wall or ceiling immediately adjacent to the facility is not designated residential space.
• A micro facility shall be the same color as the existing building, pole or support structure on which it is proposed to be located. Stealth facilities are required.
• Micro facilities shall comply with the height limitation specified for all land development districts except that such facilities may exceed the height limitation by six (6) feet if placed on an existing structure. Micro facilities may extend up to six (6) feet above a structure.
• No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a micro facility other than as required by FCC regulations regarding registration of communications devices or other applicable laws.
• No micro facility shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, day-time strobes or steady night time light or other illumination devices, except as required by the FAA, FCC or the town.

(C) Discontinuance.
• Discontinued micro facilities shall be reported immediately by the service provider to the Planning Staff. Discontinued facilities shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair. The Planning Staff may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner.
• The provider erecting a micro facility, must have a draft lease agreement with the landholder, or separate equivalent documentation, that specifies if the provider fails to remove the facility upon six (6) months of its discontinued use, the responsibility for removal falls upon the landholder.

154.242 MINI WIRELESS COMMUNICATIONS FACILITY.

(A) General Standards.
• A mini wireless facility shall be considered an accessory use.
• Placement of a mini wireless facility on a non-conforming structure shall not be considered to be an expansion of the non-conforming structure. Placement of a mini facility on a non-conforming use shall not be considered to be an expansion of the non-conforming use.

(B) Development/Design Standards.
• A mini wireless facility must have a minimum setback of twenty (20) feet from any adjacent residentially zoned parcel.
• A mini facility may be located on buildings and structures provided that the interior wall or ceiling immediately adjacent to the facility is not a designated residential space.
• A mini facility shall be the same color as the existing building, pole or support structure on which it is proposed to be located. Stealth facilities are required.
• Mini facilities shall comply with the height limitation specified for all land development districts except that such facilities may exceed the height limitation by ten (10) feet if placed on an existing structure. Mini facilities may extend up to ten (10) feet above a structure.
• No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a mini facility other than as required by FCC regulations regarding registration of communications devices or other applicable laws.
• No mini facility shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, day-time strobes or steady night time light or other illumination devices, except as required by the FAA, FCC or the town.

(C) Discontinuance.
• Discontinued mini facilities shall be reported immediately by the service provider to the Planning Staff. Discontinued facilities shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair. The Planning Staff may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner.
• The provider erecting a mini facility, must have a draft lease agreement with the landholder, or separate equivalent documentation, that specifies if the provider fails to remove the facility upon six (6) months of its discontinued use, the responsibility for removal falls upon the landholder.

154.243 MONOPOLE WIRELESS COMMUNICATIONS TOWER.

(A) General Requirements.
• All monopole communications towers must comply with FCC and FAA guidelines. The communications tower owner shall provide the town each year with a copy of any FCC and FAA licenses required.
• Monopole communications towers may be considered either a principal or an accessory use. A different existing use or structure on the same lot shall not preclude the installation

(B) Location/Site Design.
• Monopole wireless communications towers may only be located above an elevation of three thousand five hundred (3,500) feet or on property owned by the Town of Waynesville or Haywood County.
• Monopole wireless communications towers may only be located on a lot one (1) acre or greater in size.
• Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the land development district to the extent consistent with the function of the communications equipment. Monopole towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical.
• Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.
• Minimum yard requirements shall be in accordance with the yard requirements set forth in the development standards for the land development district in which the location of the tower is proposed, provided that all buffering requirements can be met. Additionally, monopole towers must set back from any property in a residentially zoned district a distance equivalent to the height of the tower being erected or one hundred (100) feet whichever is greater.
• Monopole wireless communications towers shall be landscaped with a buffer of plant materials that effectively screens the view of tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.
• Accessory equipment facilities used to house wireless communications equipment should be located within buildings or placed underground when possible. When they cannot be located within buildings, equipment shelters or cabinets shall be fenced, screened and landscaped to screen views from adjacent properties. Accessory equipment facilities located on the roof of buildings shall be enclosed so as to be shielded from view. Accessory equipment facilities may not be enclosed with exposed metal surfaces.
• Security fencing, if used, shall be painted or coated with a nonreflective color.
• Proposed ingress and egress to the tower shall produce the least disturbance for adjoining uses as is practicable.

(C) Design of Tower.
• The use of colors and facility designs shall be compatible with the surroundings (buildings, vegetation, etc.) or the surroundings likely to exist in the area and should prevent the facility from dominating the area in which it is located.
• The use of stealth technology is required.
• The maximum height allowed for a monopole tower is one hundred and eight (180) feet.
• Macro facilities are the largest attached wireless communications facilities allowed on a monopole tower.
• Antennas may not extend more than fifteen (15) feet above any monopole tower.
• Towers shall not be artificially lit unless required by the FAA or other applicable authority. If lighting is required, the Board of Adjustment may review the available lighting alternatives and approve the design that will cause the least disturbance to surrounding views.
• Security lighting for equipment shelters or cabinets and other on-ground accessory equipment is also permitted, as long as it is appropriately down-shielded to keep light within the boundaries of the site.
• No equipment shall be operated so as to produce noise levels above forty-five (45) dB as measured from the nearest adjacent, residentially zoned property. Operation of a back-up power generator in the event of power failure, or the testing of a back-up generator between 8:00 a.m. and 9:00 p.m. are exempt from this standard.
• No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be place on or affixed to any part of a telecommunications tower or attached antenna other than as required by FCC regulations regarding tower registration or other applicable law.

(D) Collocation.
• No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Adjustment that no existing tower, structure or alternative technology, that does not require the use of towers or structures, can reasonably accommodate the applicant's proposed tower or antenna.
• Applicants and permittees shall make a good faith effort to share wireless communications, structures, facilities and sites where reasonable and appropriate. Such good faith shall include sharing technical information and application information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the town may require a third party technical study at the expense of either or both the applicant and permittee.

(E) Discontinuance.
• Discontinued monopole communications towers shall be reported immediately by the service provider to the Planning Staff. Discontinued facilities shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair. The Planning Staff may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner.
• The provider erecting a mini monopole communications tower, must have a draft lease agreement with the landholder, or separate equivalent documentation, that specifies if the provider fails to remove the facility upon six (6) months of its discontinued use, the responsibility for removal falls upon the landholder.
• A performance bond shall be filed for 1.25 times the estimated cost of removal of all towers and accessory equipment structures that are approved. The amount of the bond shall be determined by a removal company. For every year following approval, the bond shall increase by an inflation factor based upon the Consumer Price Index (CPI).

154.244 MOTORCYCLE DEALERS, NEW AND USED.

(A) Outdoor Storage.
• Outdoor storage of vehicles for sale or lease is not permitted.

154.245 PUBLIC OR PRIVATE PARKS, ACTIVE.

(A) Access.
• Primary access to all active parks shall be to collector or thoroughfare streets.
• Connectivity (vehicular and pedestrian) to surrounding neighborhoods is encouraged.

(B) Operation Standards.
• Lights shall be shielded and positioned so as not to shine onto adjacent properties.
• Lights and loud speaker systems shall not be operated before 8:00 a.m. or after 10:00 p.m.
• The facility shall not be open to the public before 6:00 a.m. or after 10:00 p.m.

(C) Buffering.
• Active parks must be buffered from adjacent residentially zoned property as set forth in Sec. 154.303(D).

154.246 RESERVED.

154.247 PUBLIC RECREATION FACILITIES.

(A) Access.
• Primary access to all public recreation facilities shall be to collector or thoroughfare streets.
• Connectivity (vehicular and pedestrian) to surrounding neighborhoods is encouraged.

(C) Buffering.
• Public recreation facilities must be buffered from adjacent residentially zoned property as set forth in Sec. 154.303(D).

154.248 RESERVED.

154.249 RECREATIONAL USES, OUTDOOR, NOT
OTHERWISE, LISTED.

(A) Buffering.
• Outdoor recreational uses shall be buffered from adjoining residential uses as set forth in Sec. 154.303(D).

(B) Operations Standards.
• Hours of operation shall be between 7:00 a.m. and 10:00 p.m. when the property is located within two hundred (200) feet of any residentially zoned property.
• No equipment, machinery or mechanical device of any kind (other than customary HVAC systems) may be operated within two hundred (200) feet of any residentially zoned property except as needed for routine maintenance of the grounds or facility.
• Adequate provisions shall be made for the disposal of waste products and the control of noise associated with the recreational industry.
• All exterior lighting shall be shielded such that light is not directed toward adjacent residential property.

154.250 RECYCLING COLLECTIONS STATIONS.

(A) Yard Requirements.
• Recycling collection stations shall meet the minimum yard requirements for the district in which they are located or the following requirements, whichever are greater:
• Front - 25 feet
• Side - 10 feet
• Rear - 20 feet

(B) Screening.
• Recycling collection centers shall be screened from the street and all adjacent properties with a vegetative screen which is a minimum of fifteen (15) feet in width.

(C) Recycling Materials.
• All recyclable material must be contained within a defined area or structure and shall not be allowed to spill out into adjacent areas. The recycling collection area shall be kept clean with no accumulation of trash and debris permitted.

154.251 REPAIR AND MAINTENANCE SERVICES, APPLIANCE AND ELECTRONICS.

(A) Operations Standards.
• Outdoor storage of items, parts, equipment, etc. shall not be permitted.
• Any storage areas must maintain the 20 foot stream buffer.

154.252 REPAIR AND MAINTENANCE SERVICES, AUTOMOBILE, MAJOR.

(A) Storage of Vehicles, Etc.
• Outdoor storage of items, parts, equipment, vehicles, etc. shall be completely buffered using a solid buffer (see 154.303).
• Any storage areas must maintain the 20 foot stream buffer.

154.253 REPAIR AND MAINTENANCE SERVICES, AUTOMOBILE, MINOR.

154.254 REPAIR AND MAINTENANCE SERVICES, BOAT AND
COMMERICAL TRUCK.

(A) Storage of Vehicles, Etc.
• Outdoor storage of items, parts, equipment, vehicles, boats, etc. shall be completely buffered using a solid buffer (see 154.303).
• Any storage areas must maintain the 20 foot stream buffer.

154.255 REPAIR AND MAINTENANCE SERVICES,
COMMERCIAL AND INDUSTRIAL EQUIPMENT.

(B) Operations Standards.
• On-site operations shall be conducted within an enclosed building.
• Outdoor storage of items, parts, equipment, etc. shall be completely buffered using a solid buffer (see 154.303).
• Any storage areas must maintain the 20 foot stream buffer.

154.256 RESIDENTIAL CARE FACILITIES.

(A) Buffering.
• Residential care facilities must be buffered from adjacent residentially zoned property as set forth in Sec. 154.303(D).

(B) Licensing.
• Prior to the submission of an application for a certificate of land development standards compliance, an owner/operator of a residential care facility shall have received a license from the State of North Carolina for such a facility.

(C) Number of Units.
• Unless located and having access on an arterial or collector street, no residential care facility shall contain more than fifteen (15) units.

154.257 RIDING STABLES.

(A) Size of Lot.
• Riding stables may only occur on a lot exceeding three (3) acres in size.

(B) Number of Animals.
• Not more than one (1) animal unit shall be kept, maintained or stabled per six thousand (6,000) square feet of land.

(C) Distance from Dwelling Unit.
• All animals shall be fenced so that they are not closer than fifty (50) feet from a dwelling unit on adjacent property.
• Any building housing animals shall be located a minimum of one hundred (100) feet from a dwelling unit on adjacent property.
• These provisions shall not apply if a dwelling unit is constructed so as to encroach upon an existing riding stable. However, an existing riding stable may not expand towards a newly established residential use.

(D) Operation Standards.
• Animal wastes shall not be stored any closer than one hundred and fifty (150) feet from any property line or surface waters.
• Areas used for the riding stable shall be securely fenced.
• No chain link fencing is permitted.

(E) Buffering.
• Buildings associated with riding stables must be buffered from adjacent residentially zoned property as set forth in Sec. 154.303(D).

154.258 RESERVED.
154.259 RESERVED.

154.260 SCHOOLS, ELEMENTARY AND SECONDARY.

(A) Buffering.
• Schools must be buffered from adjacent residentially zoned property as set forth in Sec. 154.303(D).

(B) Site Design/Access.
• Parking and active recreation areas shall not be located within the required yards.
• Primary access shall be provided from thoroughfare and collector streets. Local residential streets shall not be used for primary access unless approved by the Public Works Director.
• Connectivity (vehicular and pedestrian) to surrounding residential areas is encouraged.

154.261 SCHOOLS, TRUCK DRIVING.

(A) Operation Standards.
• No actual driving instruction or storage of trucks may occur on site.

154.262 SHOOTING RANGE, OUTDOOR.

(A) Operations Standards.
• Hours of operation shall be between 9:00 a.m. and 10:00 p.m.
• Adequate provisions shall be made for the safety of surrounding property owners.
• A shooting range must be governmentally owned and operated.

(B) Buffering.
• Outdoor shooting ranges shall be buffered from adjoining properties as set forth in Sec. 154.303(D).

154.263 SPECIAL CONGREGATE FACILITIES.

(A) Buffering.
• Special congregate facilities shall be buffered from adjacent residentially zoned property as set forth in Sec. 154.303(D).

154.264 SWIM AND TENNIS CLUBS.

(A) Buffering/Location.
• Swim and tennis clubs shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.303(D).
• Swim and tennis clubs shall be located a minimum of twenty-five (25) feet from any adjacent residentially zoned property.

(B) Operation Standards.
• Lights shall be shielded and positioned so as not to shine onto adjacent properties.
• Lights and loud speaker systems shall not be operated before 8:00 a.m. or after 10:00 p.m.
• Facility usage is limited to indoor activities before 6:00 a.m. or after 10:00 p.m. unless special permission is received from the Waynesville Parks and Recreation Department.

154.265 THEATERS, LIVE PERFORMANCE, OUTDOOR.

(A) Buffering/Location.
• Outdoor theaters shall be buffered from adjoining residential uses as set forth in Sec. 154.303(D).
• The performance and audience areas for any outdoor theater shall be located a minimum of fifty (50) feet from any adjacent residentially zoned property.

(B) Access.
• Primary access to all outdoor theaters shall be to collector or thoroughfare streets

154.266 TRUCK (MEDIUM AND HEAVY)WASHES.

(A) Building Location/Buffering.
• Buildings and accessory uses shall not be less than seventy-five (75) feet from any interior side or rear property line that adjoins residentially zoned property.
• Truck washes shall be buffered from adjoining residentially zoned property as set forth in Sec. 154.303(D).
• Vehicle bays shall be hidden from the street either by orientation or by screening.

(B) Operational Standards.
• Hours of operation shall be between 8:00 a.m. and 8:00 p.m. when the property adjoins developed residentially zoned property.
• Adequate provisions shall be made for the safe and efficient disposal of waste products.

154.267 WAREHOUSES.

(A) Building Size.
• Warehouse buildings shall be no greater than thirty thousand (30,000) square feet in size.

(B) Access.
• Truck access shall be to collector or thoroughfare streets.

(C) Buffering.
• Warehouses shall be buffered from all adjacent residentially zoned property as set forth in Sec. 154.303(D).

154.268 WAREHOUSES, SELF-STORAGE - CENTRAL BUSINESS DISTRICT.

(A) Design Standards.
• Self-storage warehousing may only be located in structures meeting all design criteria for the Central Business District.
• Separate entrances to the storage units from outside the building are not permitted.

(B) Uses Permitted.
• It shall be unlawful for any owner, operator or lessee of any self-storage warehouse or portion thereof to offer for sale, or to sell any item of personal property or to conduct any type of commercial activity of any kind whatsoever other than leasing of the storage units.
• No portion of any self-storage warehouse shall be used, on a temporary or permanent basis, as a dwelling.

154.269 WAREHOUSES, SELF-STORAGE - OTHER DISTRICTS.

(A) Lot Size/Location.
• The minimum lot size for the development of a self-storage warehouse facility shall be one (1) acre.
• Self-storage warehouses shall not be developed on lots abutting Russ Avenue.
• Self-storage warehouses shall maintain all building design guidelines.

(B) Design Criteria.
• All design standards set forth for the applicable land development district shall be met.
• Lighting must be deflected, shaded and focused away from any adjoining residentially zoned property.

(C) Buffering.
• Self-storage warehouses shall be buffered from all adjacent property and streets as set forth in Sec. 154.303.

(D) Uses Permitted.
• It shall be unlawful for any owner, operator or lessee of any self-storage warehouse or portion thereof to offer for sale, or to sell any item of personal property or to conduct any type of commercial activity of any kind whatsoever other than leasing of the storage units.
• No portion of any self-storage warehouse shall be used, on a temporary or permanent basis, as a dwelling.
• Repair of stored items is not permitted on the self-storage warehouse property.

(E) Outside Storage.
• No outside storage shall be permitted except the storage of recreational vehicles.

154.270 WASTE COLLECTION, HAZARDOUS, OTHER AND
SOLID, NON-HAZARDOUS.

(A) Yards.
• All aspects of a waste collection operation shall be no closer than fifty (50) feet to adjacent property lines.

(B) Buffering.
• Waste collection operations shall be buffered from adjoining properties as set forth in Sec. 154.303(D) and screened from the street as set forth in Sec. 154.303(C).

(C) Collections Materials.
• No dumping of materials for collections is permitted.
• Collected materials shall not be brought back to the property on which the waste collection business is operated for disposal.

154.271 HILLSIDE CONSERVATION DEVELOPMENT

(A) Purpose.

The Town of Waynesville Board of Aldermen find the purpose and intent of the Hillside Protection standards of Section 154.403 may be met while permitting higher density development provided that such development is carefully planned, engineered and designed to meet the challenges of developing on steeper slopes while protecting and promoting the public health, safety and welfare.

The provisions of these conditional use standards apply only to land subject to the Hillside Protection standards of Section 154.403 and are intended to supplement those standards by providing an alternative approach to hillside development. Unless specifically changed by this section, the standards of Section 154.403 will continue to apply.

(B) General Standards.

a. In addition to submission requirements in Article IV of the Land Development Standards the following information shall be submitted for proposed hillside conservation development:

i. A Slope Analysis Map, at a legible scale as determined by the Planning Director, with five (5) foot contour intervals of the property depicting, in color, the existing grade ranges within the parcel. Such ranges shall be in 10% intervals beginning at zero. This map shall also show proposed building envelopes within the property, points of access, existing and proposed roads, utilities and utility easements, existing and proposed structures, and perennial and intermittent streams as identified by the Haywood County soil survey.

ii. A preliminary Wetlands and Water Quality Assessment for the site. This shall include assessment of streams, classification of streams, and identification of wetlands. It shall also include an assessment of all applicable regulations to determine constraints for future development.

iii. A Geotechnical Investigation Report, prepared by a qualified professional, certifying that the site is geologically suitable for all proposed development of the site, and that all proposed grading and development will be safe and stable.

iv. Covenants for stormwater facilities maintenance, with provisions for envorcement by a homeowner association.

v. Covenants governing building design, and restricting the disturbance of natural vegetation both on private property and on commonly owned open space. Such covenants shall have provisions for enforcement by a homeowners association.

a. Building Envelopes.

i. New structures shall be located only in designated building envelopes.

ii. Building envelopes shall be designed and located to minimixe the degree of land disturbance from grading and road construction.

iii. Access to building envelopes shall utilize previously disturbed areas such as logging roads to the extent possible.

iv. Grading for new structures shall be limited to the designated building envelopes. Roads, driveways, trails and utilities, including wells and septic systems, are not limited to the building envelopes.

b. Drainage and Stormwater. Natural drainage patterns shall be maintained. Drainage systems shall be designed to work with natural or established drainage systems and shall manage with systems that retain water, filter runoff and encourage infiltration. Sormwater management design shall meet Low Impact Development Standards.

c. Open Space Preservation. At least 75% of the site above 2900' shall be protected in common open space. This open space may be developed with trails and low-impact recreational facilities, but shall be protected with restrictive covenants from clearing, grading or other damaging activities.

d. Building Design Standards. The intent of these standards is to minimize the visibility of structures from off-site:

i. Buildings shall have finishes of subdued earth tones through a range of browns, warm grays nd/or muted colors found in the surrounding environment. Shiny or reflective finishes, light-colored paints or stains, shall not be permitted.

ii. Buildings shall be positioned to minimize grading and to conform to natural sloeps. Smaller foundation footprints, such as pedestal foundations are encouraged.

e. Road Design Standards.

i. The standards of Section 154.309 shall apply with the following modifications:

1. The use of a trail network instead of on-street sidewalks is permitted and encouraged, as provided in Section 154.307(B)(3)

2. Where sidewalks re used along streets where significant additional grading is required for sidewalk construction, as dtermined by the Director of Public Works, the street tree planting strip is not required.

3. Shared driveways are permitted up to 4 residential units, but shall be no longer than 400', except where the Director of Publi Works approves longer driveways due to topographic conditions upon finding that the driveway design is safe and adequate for the intended use.

f. Density/Grading Limitation.

i. The maximum residential density shall be twice that determined by the formula in Section 154.403(A)(2) applied to the Density Graph of Section 154.403(A)(3). However, in no event may the maximum density exceed that established by the land development district within which the property is located.

ii. The maximum extent of the site that may be graded is equal to that determined by the formula in Section 154.403(A)(2) to the Grading Graph of Section 154.403(A)(3).

154.272-154.299 - RESERVED.

[ Back ]

Search

Main Menu

How Do I ...

Community