1. Day care, home.
2. Day care center.

1. Defined
   A day care for a maximum of 8 persons in the residence of the provider.
2. Use Standards
   1. The day care must be carried on by a resident of the structure as either a sole proprietorship or a corporation that is wholly owned by the residents of the structure or a partnership where all partners are residents of the structure.
   2. The use of any accessory building or accessory structure for a day care is not allowed.
   3. Any outdoor play equipment stored throughout the day and night shall not be permitted in the front yard area and can be located no closer than 15 feet from any adjoining lot containing a dwelling.
   4. No person, other than members of the family residing on the premises, shall be engaged or employed. This shall not apply to a substitute nonresident person providing care on the premise while the owner/operator is sick or otherwise unable to provide care.
   5. No more than 8 persons shall be cared for at any given time.
   6. Must comply with all state and local standards.

1. Defined
   A day care for more than 8 persons where staffing complies with state and local regulations. Includes nursery school and preschool.
2. Use Standards
   1. In a Residential District, the following minimum lot areas per enrollee apply:
      1. R-1, R-2, and R-4: 1,040 square feet;
      2. R-6: 640 square feet; and
      3. R-10: 240 square feet.
   2. In a Residential District, 1 unlit announcement sign is allowed, not to exceed 2 square feet in area and 3½ feet in height.
   3. c. Must comply with all state and local standards.

1. Adult establishment.
2. Amusement center, game arcade, children’s amusement center.
3. Billiard hall, pool hall.
4. Bingo parlor.
5. Bowling alley.
6. Convention center, arena.
7. Dance, martial arts, music studio or classroom.
8. Health club.
9. Shooting range.
10. Sports academy.
11. Miniature golf facility. 
12. Motor track.
13. Movie theater or other indoor theater.
14. Skating rink.

1. Defined
   Adult cabarets, adult media centers, sadomasochism centers, and any place contained in N.C. Gen. Stat. §14-202.10(2). , excluding masseurs.
2. Use Standards
   1. Except for permitted on-premise and off-premise signs, advertisements, displays or other promotional materials shall not be visible to the public from pedestrian sidewalks or walkways.
   2. An adult establishment cannot be located within 2,000 feet of another adult establishment (determined by a straight line from property line to property line). Adult establishments because of their very nature, are recognized as having serious objectionable operational characteristics upon adjacent neighborhoods, particularly when they are concentrated. Special regulation of these establishments is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. To prevent an over concentration of adult establishments and the creation of a de facto downgrading or blighting of surrounding neighborhoods; this spacing requirement is necessary, unless otherwise determined under Sec. 6.4.2.B.2.d. below.
   3. An adult establishment cannot be located within 2,000 feet of a preexisting place of worship, public or private school, day-care facility, or any R-, RX-, OP, OX-, NX-, R-MP, or CMP district (determined by a straight line from property line to property line or district boundary line). Adult establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near a Residential District or certain other districts which permit residential uses. Special regulation of these establishments is necessary to ensure that these adverse effects will not contribute to a downgrading or blighting of surrounding Residential Districts or certain other districts which permit residential uses, unless otherwise, determined by Sec. 6.4.2.B.2.d. below. 
   4. The Board of Adjustment may vary the spacing requirements in Sec. 6.4.2.B.2.b. and Sec. 6.4.2.B.2.c. above when it finds that:
      1. Practical difficulties or unnecessary hardships would result from the strict enforcement of the radius requirements.
      2. The proposed use will not be injurious to property or improvements in the affected area.
      3. The proposed use will not enlarge or encourage the development of a “skid row” area.
      4. The permitting of an adult establishment in the area will not be contrary to any governmental program of neighborhood conservation, rehabilitation, improvement or revitalization.
      5. All other applicable provisions of this Chapter will be observed.
      6. The proposed use will not adversely impact public services and facilities such as parking, traffic, police, and that the secondary effects of such uses will not adversely impact on adjacent properties. The secondary effects would include but not be limited to noise, light, stormwater runoff, parking, pedestrian circulation and safety.
   5. When determining preponderance of adult materials, only those objects which have equal access and visibility shall be considered.

1. Defined
   A facility with equipment for exercising and improving physical fitness.
2. Use Standards
   A health club in an RX- District is subject to the following:
   1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets.
   2. The health club use cannot exceed 4,000 square feet in gross floor area; and
   3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
   4. A health club use in an -TOD overlay is not subject to parts a, b, and c of this section; however, such a use must be within or attached to a multi-tenant building. The health club use cannot exceed 10,000 square feet in gross floor area.

1. Defined A facility for sports education or instruction.

1. Ambulatory surgical center.
2. Blood plasma donation center, medical or dental laboratory.
3. Hospital, urgent care, emergency medical office.
4. Medical, dental office or chiropractor, osteopath, physician, medical practitioner.
5. Medical clinic.
6. Medical day care.
7. Student infirmary.

1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets;
2. The medical facility use cannot exceed 4,000 square feet in gross floor area;
3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.

1. Business services including, but not limited to, advertising, business management consulting, data processing or collection agency.
2. Professional services including, but not limited to, lawyer, accountant, bookkeeper, engineer, architect, sales office or travel agency.
3. Financial services including but not limited to, lender, investment or brokerage house, bank, call center, bail bonds, insurance adjuster, real estate or insurance agent or mortgage agent.
4. Charitable institution (not providing housing or shelter).
5. Counseling in an office setting.
6. City, county, state, federal government office.
7. Radio, TV or recording studio, utility office.
8. Trade, vocational, business school.

1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets;
2. The office use cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot;
3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
4. An office use in an -TOD overlay is not subject to parts 1 and 2 of this section; however, such a use must be within or attached to a multi-tenant building. The office use cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.

1. Drive-in theater.
2. Camp, campground, travel trailer park, recreational vehicle park.
3. Extreme sports facility such as paintball, BMX or skateboarding.
4. Golf course.
5. Outdoor commercial activity such as batting cage, golf driving range, amusement park, miniature golf facility, water park.
6. Outdoor theater.
7. Outdoor sports or entertainment facility.
8. Riding stable.
9. Shooting range.
10. Racetrack.
11. Sports academy for active recreational or competitive sports.
12. Stadium, arena.

1. Defined
   A facility consisting of a large landscaped area for playing golf. Includes executive or par 3 golf course and support facilities such as a country club, clubhouse and driving range.
2. Use Standards
   A golf course in a Residential District is subject to the following:
   1. Only the sale of merchandise associated with the golf course is permitted. No merchandise or advertisement shall be visible from the public right-of-way; and
   2. There shall be no external advertising or identification in any manner, except for tract identification sign that does not exceed the standards of Sec. 7.3.11. 

1. Defined
   A predominantly outdoor facility, including any associated structures, for playing sports and conducting entertainment, including but not limited to, sports fields with or without seating, stadiums, track and field facilities and amphitheaters.
2. Use Standards
   1. The facility and activities requested to be conducted will not have a substantial adverse impact on surrounding properties; including without limitation, stormwater, dust, smoke or vibration.
   2. The practical limits of public facilities and services such as stormwater, water and sewer lines, streets, fire, public safety, trash collection and recyclable material are not exceeded.
   3. The traffic generated to and from the site will not create unsafe or inefficient parking, loading, vehicular and pedestrian circulation patterns with consideration, among other things, to: the physical character of roads, the classification of roads, accident experience near the site, traffic volumes existing and projected from approved site plans and subdivisions, interference with any other driveway, and response time of nearby emergency services such as fire and hospital.
   4. Buffers must be provided that lessen the perceived height and bulk of proposed structures as seen from nearby residential neighborhoods.
   5. The nearby properties must be protected from sound amplification and lighting.
   6. The facility will not be injurious to property or improvements in the affected area.
   7. The site is not located in a Primary Watershed Protection Area. 

1. Defined
   A facility for the boarding and riding of horses. Includes riding academy and equestrian center.
2. Use Standards
   1. No part of any building or structure in which animals are housed shall be closer than 200 feet from any existing residential use, except for property owned or occupied by an owner or operator of the riding stable.
   2. All horses connected with the riding stable shall be enclosed by fencing so that horses cannot run at large. 
   3. Only 1 horse may be kept on a lot less than 1 acre in size. For lots from 1 to 5 acres in size, a maximum of 3 horses per acre may be kept. For lots greater than 5 acres, up to 10 horses per acre maybe boarded if the setbacks listed in Sec. 6.4.5.D.2.d. below are increased to 200 feet from the property line.
   4. Buildings, stables and riding rings may not be placed closer than 50 feet to any property line. However, the main manure storage area shall be no closer than 150 feet to any property line.
   5. In the R-1 and AP districts, there shall be no on-premise external advertising or identification in any manner, except for 1 unlit announcement sign not exceeding 9 square feet in area and 3½ feet in height.

1. Bed and Breakfast.
2. Hospitality House.
3. Hotel, Motel, Inn.
4. Hostel.
5. Short-Term Rental.

1. Defined
   A detached house or other structure constructed for a use permitted within the district that has no more than 5 guest rooms. Breakfast is customarily served to guests.
2. Use Standards
   1. The facility is located within one or more of the following:
      1. A General Historic Overlay District or Streetside Historic Overlay District;
      2. A property designated as a Historic Landmark;
      3. A property listed on the National Register of Historic Places; or
      4. A property identified as a contributing structure within a National Register Historic District, as defined in the Code of Federal Regulations, as amended.
   2. The use is located in a structure originally constructed as a detached house.
   3. In R-1o, no exterior advertising is allowed except a small unlit announcement sign not to exceed 2 square feet in area and 3½ feet in height.
   4. In R-10, special events such as wedding receptions are not permitted.

1. Defined
   A detached house associated with a hospital or similar long-term stay facility that provides overnight lodging for families of patients.
2. Use Standards
   A hospitality house in an R-10 District is subject to the following:
   1. Must be associated with a serving hospitals licensed by the State of North Carolina pursuant to N.C.Gen.Stat. §131E-176 et seq;
   2. Must be located within one-half mile of the associated hospital (determined by a straight line from property line to property line);
   3. Contains rooms without individual cooking facilities for lodging of visitors but not for rent to the general public;
   4. Provides a maximum of 6 bedrooms with a maximum occupancy of 12 persons; and
   5. Complies with standards for a detached house.

1. ​​​​​​​Defined
   A facility that contains one or more rooms for overnight guests containing registration facilities, on-site management, cleaning services and combined utilities.
2. Use Standards
   In the OP- and OX- districts, the minimum lot size for a hotel, motel, inn is 2½ acres.

1. Defined
   A dwelling unit that can be used for overnight lodging accommodations that is provided to renters for no longer than 30 days for compensation. A portion of or the entire dwelling unit can be used for lodging, including part or all of an accessory structure.
2. Use Standards
   1. Every short-term rental operator shall first apply for and procure a miscellaneous zoning permit from the City.
   2. Cooking facilities are not permitted in any bedroom. For the purpose of this regulation, cooking facilities include any refrigerator in excess of seven cubic feet; any stovetop range that operates on 220 volt electric service; any appliance that operates on natural gas; or any cooktop, whether integrated into a countertop or a separate appliance, which contains more than two cooking surfaces or burners. This shall not prohibit cooking facilities within a one-room studio short term rental. For the purpose of this regulation, a studio shall be a single-room rental with a sleeping area, living area and kitchen/eating area in one consolidated room.
   3. No exterior advertising shall be allowed.
   4. In residential zoning districts, short term renters shall not utilize the premises for holding special events or gatherings.
   5. For single-unit and two-unit living the premise shall not be used for “Live-Work” or a “Day Care, Home”. For multi-unit living the dwelling unit shall not be used for “Live-Work” or a “Day Care, Home”.
   6. For any multi-unit living use, no more than 25%, or two dwelling units, whichever is greater, may be used for short term rental in any single building.
   7. Short term rental operators shall comply with all applicable State and local laws, including those relating to fire and building codes, smoke detecting and carbon monoxide detecting equipment, housing codes, and payment of taxes to appropriate governmental entities, including occupancy taxes.
   8. Every short-term rental operator shall maintain for a period of three (3) years a list of all short-term rental lodgers staying on the premises.
   9. The zoning permit number authorizing the short-term rental shall be conspicuously posted on:
      1. all advertisements for short term rentals, and
      2. the subject property.
3. Civil Penalty
   Violations of section 6.4.6.E shall be subject to the civil penalties as set forth in section 10.4.2 of this UDO.
4. Revocation of permit
   ​​​​​​​The City shall revoke the short-term rental permit following a written determination that any resident of the facility, resident manager of the facility, and/or operator of the facility have been:
   1. Convicted of violating a Criminal Law within a 365-day period on the short-term rental premise. “Criminal Law” means a conviction of any of the following:
      1. Article 27 of Chapter 14 of the North Carolina General Statutes.
      2. Article 3 of Chapter 18B of the North Carolina General Statutes.
      3. N.C.G.S 14-71.1. iv. N.C.G.S 14-292.
   2. Received within a 365-day period two or more “Verified Violations” of any combination of:
      1. Any City Code zoning regulation on the short-term rental premise.
      2. Any noise regulation on the short-term rental premise.
      3. Any nuisance prohibited by City Code section 12-6002 on the shortterm rental premise.
   3. A Verified Violation means a determination made by a City Code enforcement official, Police Officer, or judge, with notice of violation of the City Code, opportunity to respond to the noticed alleged offenses and an order or other mandate issued to the owner or any other person imposing a sanction or requiring further actions to comply with the City Code, including, without any limitation, the payment of civil penalties or administrative fees, or implementation of corrective measures, or cessation of activities, or conviction of a criminal Code offense for failure to comply with the Code provisions listed in this subsection. A verified violation that is appealed continues as a verified violation unless it is overturned on appeal. If the violation is reinstated on a further appeal, it resumes its status as a verified violation.  
      
      ​​​​​​​Once lawfully revoked, a new permit for a short-term rental cannot be issued or re-instated for the premise for a period of 365 days.

1. Defined
   Facilities that provide parking as a principal use, whether as remote parking for a principal use on a separate lot or as a principal use on the site. A fee may or may not be charged.
2. Use Standards
   1. The parking facility must be located completely within a zoning district that permits the principal use that the parking is serving.
   2. In an R-1, R-2, R-4, R-6, R-10 or R-X district, a fee may not be charged.

1. Airport.
2. Airfield, landing strip. 
3. Bus passenger terminal, multi-modal facility.
4. Heliport.
5. Railroad station.
6. Taxi dispatch center, limousine service.

1. Defined
   Facility for the taking off and landing of aeroplanes. Does not include accommodations for passengers.
2. Use Standards
   a. Design standards for an airfield shall be in accordance with Federal Aviation Administration requirements.
   b. The length of the clear zone to be controlled and maintained by the airfield (no buildings allowed) such that future construction is prohibited is 1,000 feet.
   c. There shall be a planted area at least 25 feet wide on both sides of the landing strip, provided and maintained by the airfield owner in such a manner as to minimize noise, dust and hazard from the field, in areas where in the opinion of the Board of Adjustment such protection is found to be desirable.
   d. The area shall be fenced to prevent trespassing by animals or unauthorized persons.
   ​​​​​​​e. Except in areas properly zoned for such uses, there shall be no business, repair or advertisement, except for the sale of gasoline to the planes based at the field.

1. Defined
   Facility for the taking off and landing of helicopters serving hospitals licensed by the State of North Carolina pursuant to N.C.Gen.Stat. §131E-176 et seq. that operate acute care beds as defined by 10A N.C.A.C. 14C.3801 as an accessory use. 
2. Use Standards
   1. The heliport is used only for emergency medical purposes.
   2. Design standards for a heliport shall be in accordance with Federal Aviation Administration requirements.
   3. Proof of Air Space Clearance from the Federal Aviation Agency is required prior to the issuance of a certificate of occupancy or zoning permit.
   4. Evergreen shrub plantings adjacent to the security fence surrounding any ground-level heliport safety area shall be required. These plantings shall be required to obscure at least 75% of the security fence at the time of planting to a height of 24 inches and all shrub plantings shall be expected to reach a height of 5 feet or greater within 5 years of planting.

1. ​​​​​​​Defined
   Facility for the taking off and landing of helicopters not associated with a hospital licensed by the State of North Carolina.
2. Use Standards
   1. Design standards for a heliport shall be in accordance with Federal Aviation Administration requirements.
   2. Proof of Air Space Clearance from the Federal Aviation Agency is required prior to the issuance of a certificate of occupancy or zoning permit.
   3. The facility must be designed and placed so that it will not be detrimental to adjoining properties or to properties within a 1,000-foot radius of the heliport site as measured from the center of the final approach and takeoff area.
   4. Evergreen shrub plantings adjacent to the security fence surrounding any ground-level heliport safety area shall be required. These plantings shall be required to obscure at least 75% of the security fence at the time of planting to a height of 24 inches and all shrub plantings shall be expected to reach a height of 5 feet or greater within 5 years of planting.
   5. The applicant for a heliport special use permit shall notify by first class mail all property owners within a 1,000-foot radius of the center of the proposed final approach and takeoff area. This notice shall be posted at least 30 days prior to the date of the hearing on the request. This notice shall contain the same information as the notice required by Sec. 10.2.1.C.5.a.
      ​​​​​​​

1. Animal care.
2. Beauty/hair salon.
3. Catering establishment.
4. Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat, washeteria.
5. Copy center.
6. Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium, pet crematorium.
7. Locksmith.
8. Optometrist.
9. Palmist, psychic, medium, fortune telling.
10. Post office.
11. Repair of appliance, bicycle, canvas product, clock, computer, jewelry, musical instrument, office equipment, radio, shoe, television or watch.
12. Tailor, milliner, upholsterer.
13. Tattoo parlor, body piercing.
14. Taxidermist.
15. Wedding chapel.

1. Defined
   Any building or land used, designed or arranged for the care of animals without limited outdoor activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, kennel and doggy day care.
2. Use Standards
   1. No overnight outdoor activity associated with the care of animals. For the purposes of this section “overnight” constitutes the hours between 11 PM and 7 AM.
   2. Outdoor activity, including but not limited to, walking and bathing of animals, is permitted during the day, provided that no more than 4 animals are engaged in outdoor activity at a time. For the purposes of this section, “during the day” constitutes the hours between 7 AM and 11 PM.

1. Defined
   Any building or land used, designed or arranged for the care of animals that includes overnight outdoor activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, kennel and doggy day care.
2. Use Standards
   1. All exterior exercise areas and runs must be fenced for the safe confinement of animals.
   2. No part of any building, structure or run in which animals are housed shall be closer than 150 feet from any property line, except property owned or occupied by an owner or operator; provided, that the minimum distance referred to above shall not apply if all portions of the facility in which animals are enclosed is located wholly within a building.
   3. In the AP District, 1 unlit announcement sign not exceeding 9 square feet in area and 3½ feet in height is allowed.

1. Defined
   A facility providing beauty enhancement treatments such as hairdressing, nail, tanning, facials and therapeutic massage. Includes barber. 
2. Use Standards
   A beauty/hair salon in an RX- District is subject to the following:
   1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets;
   2. The beatury/hair salon use cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot; and
   3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
   4. A beauty/hair salon in an -TOD overlay is not subject to parts a or b of this section; however, such a use must be within or attached to a multi-tenant building. The beauty/hair salon use cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.

1. Defined
   A facility that provides printing, publishing, photocopying, packing, shipping and quick-sign services.
2. Use Standards
   A copy center in an RX- District is subject to the following:
   1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets;
   2. The copy center use cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot; and
   3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
   4. A copy center in an -TOD overlay is not subject to parts a or b of this section; however, such a use must be within or attached to a multi-tenant building 

1. Defined
   A primary eye care provider who diagnoses, manages and treats disorders of the visual system and eye diseases.
2. Use Standards
   An optometrist in an RX- District is subject to the following:
   1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets;
   2. The optometrist use cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot; and
   3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
   4. An optometrist in an -TOD overlay is not subject to parts a or b of this section; however, such a use must be within or attached to a multi-tenant building. The optometrist use cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.

1. A personal service use in an RX- District is subject to the following:
   1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets.
   2. The personal service use cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
   3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
   4. Tattoo parlors, body piercing, taxidermists and wedding chapels are not permitted.
   5. A personal service use in an -TOD overlay is not subject to parts a and b of this section; however, such a use must be within or attached to a multi-tenant building. The personal service unit cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
2. A personal service use in an OX- District is subject to the following: 
   1. Must be within or attached to a multi-tenant building, cannot be located in a standalone building.
   2. The floor area of the personal service use cannot exceed 15% of the gross floor area of the entire building or 4,000 square feet, whichever is greater individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
   3. House of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
   4. Tattoo parlors, body piercing, taxidermists and wedding chapels are not permitted.
   5. A personal service use in an -TOD overlay is not subject to part b of this section. The personal service unit cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.

1. Bar, nightclub, tavern, lounge.
2. Eating establishment.

1. Defined
   A facility that prepares and sells food and drink that has alcoholic beverage sales in excess of 70% of the business’s total annual sales.
2. Use Standards:
   1. ​​​A bar, nightclub, tavern or lounge in the NX- District is subject the following:
      1. No live performances.
      2. No dance floor.
      3. Outdoor seating in excess of 20 seats shall require the issuance of a Special Use Permit in accordance with Sec. 10.2.9. In addition to the showings required by Sec. 10.2.9.E.1. through 8., the following standards must be met:
         1. a) The outdoor seating area shall be a minimum distance of 100 feet from any principal or accessory dwelling unit in a residential district; however
            b) The minimum distance may be reduced to 40 feet provided:
            1) A Type B1 Transitional Protective Yard is established along any shared property line located between the outdoor seating area and any applicable principal, or accessory, dwelling unit; and
            2) A Type C1 or C2 Street Protective Yard is established along any property line abutting a right-of-way located between the outdoor seating area and any applicable principal or accessory dwelling unit.
            3) Nothing in this subsection shall be construed to require screening or landscaping along a property line or right-of-way line wherein the outdoor seating area is screened wholly and adequately by a non-residential principal structure, either on-site or off-site.
      4. No outdoor seating shall occupy any area without prior approval of the conversion to seating by the City.

1. Defined
   A facility that prepares and sells food and drink that may or may not have alcoholic beverage sales. If allowed in no case can alcoholic beverage sales exceed 70% of the business’s total annual sales.
2. Use Standards
   1. An eating establishment in an RX- District is subject to the following:
      1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets.
      2. The eating establishment use cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot 
      3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
      4. An eating establishment in an -TOD overlay is not subject to parts i and ii of this section; however, such a use must be within or attached to a multi-tenant building. The eating establishment unit cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
   2. An eating establishment use in an OX- District is subject to the following:
      1. Must be within or attached to a multi-tenant building, cannot be located in a standalone building.
      2. The floor area of the eating establishment use cannot exceed 15% of the gross floor area of the entire building or 4,000 square feet, whichever is greater individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
      3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
      4. Must be located at least 150 feet from an abutting Residential District (measured in straight line from the nearest point of the building containing the eating establishment to the boundary line of the district boundary line).
      5. An eating establishment use in an -TOD overlay is not subject to part ii of this section. The eating establishment unit cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.

1. Antiques, appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, fuel (including gasoline and diesel fuel), furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products.
2. Art gallery.
3. Check cashing, payday loan.
4. Pawnshop.

1. Defined
   A shop where loans are made with personal property as security.

Mobile Retail - Long Term 

1. Defined
   The sale of permitted items or services, including prepared food and beverages, from one or more licensed motorized vehicles, travel trailers transported by a licensed motor vehicle, or food truck, collectively referred to within this section as ‘mobile retail vehicles’. In no instance shall alcoholic beverages exceed 70% of the total annual sales of each temporary mobile retail vehicle.

2. Use Standards
   1. Unless the Board of Adjustment approves a special use permit under Sec. 10.2.9 allowing additional mobile retail vehicles, the maximum number of mobile retail vehicles per lot shall be limited as follows:
      1. Maximum of 4 mobile retail vehicles on lots of one-half acre or less;
      2. Maximum of 6 mobile retail vehicles on lots between one-half acre and 1 acre; and
      3. Maximum of 8 mobile retail vehicles on lots greater than 1 acre.
   2. Retail Sales pursuant to Sec. 6.4.11.A. are permitted with the exception of Pawn Shops and Vehicle Fuel Sales.
   3. Personal Services, pursuant to Sec 6.4.9.A, are permitted with the exception of Animal care (outdoor).
   4. Mobile retail vehicles and associated appurtenances must be located a minimum of 5 feet from side and rear property lines and 10 feet from any public right-of-way.
   5. Electrical service must be provided for each mobile retail vehicle. The use of portable generators is prohibited.
   6. Mobile retail vehicles shall be located on a surface meeting the standards of Sec. 7.1.9
   7. A mobile vending permit must be obtained for the mobile retail business and all required County and City permits and licenses must be clearly displayed on the mobile retail vehicle. This mobile vending permit is required to be renewed annually. Prior to the issuance of the mobile vending permit, the vendor must provide evidence of having obtained a NC Sales and Use Certificate for collecting and paying the proper sales taxes.
   8. Mobile retail vehicles selling food items (‘food trucks’) must meet the following standards:
      1. Outdoor seating shall only be provided by the property owner or an associated principal use.
      2. In addition to the requirements set forth in Sec. 6.4.11.C.2.f, the food truck must provide evidence of having obtained a County Environmental Services –Vending Permit, and a means for the disposal of grease within an approved grease disposal facility prior to the issuance of the mobile vending permit.
      3. Operating without a county and/or state-issued food vending permit, including one that has been suspended or revoked, shall be considered a violation of this ordinance.
      4. Food trucks must be located at least 50 feet from the main entrance of any offsite eating establishment or similar food service business, any offsite outdoor dining area, and any offsite permitted food vending cart location, as measured from the designated location on the lot accommodating the mobile retail operation. In the event that one or more of the aforementioned uses locates within the minimum separation requirement subsequent to the food truck location being approved, nothing shall prohibit the food truck from continuing to operate at the approved location unless the long-term mobile retail use is discontinued.   
   9. Mobile retail vehicles must be located at least 5 feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Mobile retail vehicles must be located a minimum distance of 15 feet in all directions of a fire hydrant.
   10. Mobile retail vehicles must not occupy any handicap accessible parking space as specified in N.C. Gen. Stat. §20-37.6
   11. No audio amplification is allowed as part of the mobile retail operation.
   12. Mobile retail vehicles are limited to one (1) A-frame sign per vehicle in accordance with Sec. 7.3.12 and may be displayed during business hours but must be removed daily when the mobile retail vehicle is closed. Signage shall not be illuminaed, internally or externally. Signs attached to, painted on or otherwise positioned in or on a mobile retail vehicle shall be exempt from 7.3.15.N.
   13. Hours of operation are limited to the hours between 6 AM and 3 AM. If the mobile retail vehicle(s) is located within 150 feet of a residential zoning district or a building used for single or two-unit living, the hours of operation are limited to the hours between 7 AM and 10 PM.
   14. Any mobile retail vehicle or outdoor seating area shall be a minimum distance of 100 feet from any dwelling in a residential district; however the minimum distance may be reduced to 40 feet provided the standards pursuant to Sec. 7.2.4.E.17.
   15. Restrooms must be provided in accordance with the North Carolina Plumbing code. On-site restrooms shared with an associated principal use may be used to fulfill this requirement.
   16. When in operation, the mobile retail vehicle operator or their designee must be present except in cases of an emergency.
   17. Mobile Retail-Long Term uses must comply with all applicable City ordinances and regulations regarding waste disposal. All waste and trash must be disposed of properly and removed at the end of each day or as needed to maintain the health and safety of the public. City trash receptacles are not to be used for this purpose. All areas within 5 feet of the truck and any associated seating area must be kept clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances can grease be released or disposed of in the City’s stormwater or sanitary sewer system.
   18. With the exception of allowable outdoor seating areas, all equipment required for the mobile retail operation must be contained within, attached to or within 10 feet of the mobile retail vehicle and all food preparation, storage, and sales/distribution must be in compliance with all applicable County, State and Federal Health Department sanitary regulations.

1. A retail sales use in an RX- District is subject to the following:
   1. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets.
   2. The retail sales use cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot. 
   3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
   4. Vehicle fuel sales, check cashing and payday loan facilities are not permitted.
   5. A retail sales use in an -TOD overlay is not subject to parts a and b of this section; however, such a use must be within or attached to a multi-tenant building. The retail sales unit cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
2. A retail sales use in an OX- District is subject to the following:
   1. Must be within or attached to a multi-tenant building, cannot be located in a standalone building.
   2. The floor area of the retail sales use cannot exceed 15% of the gross floor area of the entire building or 4,000 square feet, whichever is greater individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
   3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
   4. Vehicle fuel sales, check cashing and payday loan facilities are not permitted.
   5. A retail sales use in an -TOD overlay is not subject to part b of this section. The retail sales unit cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
3. Vehicle Fuel Sales in the NX- District is subject to the following:
   1. If any portion of the property is located within 200 feet of a Residential District (determined by a straight line from the property line to the district boundary line) Vehicle Fuel Sales shall meet all of the following:
      1. Width Dimensions:
         a) Width (min): 100’
      2. Any lot that contains Vehicle Fuel Sales must be located within 300’ of the centerline of an intersection that includes a street from at least one of the following Street Types: Mixed Use Streets or Major Streets.
      3. Hours of operation for Vehicle Fuel Sales can begin no earlier than 6 AM and end no later than 11 PM. Operations include all deliveries and collections. Preparation, store cleaning and inventory may be allowed during these restricted hours. Uses other than Vehicle Fuel Sales, car washing and vacuuming may continue operation during these restricted hours.
      4. The total number of vehicles capable of being simultaneously serviced cannot exceed 8.
      5. All vacuuming and compression machines located outside of an enclosed building shall be located at least 50 feet from a Residential District or use and shall be of a design that does not exceed a noise level reading of 55 dB(A).
      6. Accessory car washing is only allowed if the car wash is equipped only with fully automatic wash equipment so the driver remains in their car during the entire wash process.
      7. Backlighting of fuel canopies is prohibited. All canopy lighting shall be flushed mounted underneath the canopy except for signs.
      8. Canopies shall be limited to a 16 feet maximum height to the bottom of the underside of the canopy and a 23 feet maximum to the top of the roof of the canopy (absent any required vent stacks).
      9. Fuel pumps must be located a minimum of 50 feet from a Residential District.
4. Vehicle Fuel Sales in a NX-, CX-, DX- or IX-District is subject to the following:
   1. Subject to NCDOT driveway access regulations, no fuel pump island shall be located closer than 25 feet from any public street right-of-way. 

1. The shopping center contains at least three establishments with a minimum of one commercial or recreational use. The shopping center may contain more than one lot and other uses permitted by the applicable zoning district.
2. The shopping center contains at least twenty-five thousand square feet of gross floor area.

1. Boats and other recreational vehicle sales.
2. Vehicle sales, rental or leasing.

1. Vehicle displays shall not be artificially elevated above the general topography of the site.
2. No outside speaker system is permitted.
3. In a NX- District, the sales and leasing of motor vehicles for display shall be conducted within a fully-enclosed building. The outdoor display and storage of vehicles for sale or rental is not permitted.