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HomeMy WebLinkAboutOctober 15, 2024 Regular MeetingAGENDA Lillington Board of Commissioners Regular Monthly Meeting Lillington Town Hall 102 East Front Street Lillington, North Carolina 27546 October 15, 2024 6:00pm CALL TO ORDER MAYOR GLENN MCFADDEN WELCOME MAYOR GLENN MCFADDEN PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN INVOCATION COMMISSIONER MARSHALL PAGE CONSIDERATION OF AGENDA PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or interest to the Commissioners. It is requested that citizens limit their presentations to three (3) minutes. CONSENT AGENDA All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately. Item #1 Approval of Work Session Minutes from September 9, 2024 Item #2 Approval of Closed Session Minutes from September 9, 2024 Item #3 Approval of Regular Session Meeting Minutes from September 10, 2024 Item #4 Approval of Resolution of the Town of Lillington Declaring Surplus Property and the Disposal of Said Items Item #5 Approval of Encroachment Agreement with Conterra Broadband regarding Alexander Drive & McKinney Parkway Item #6 Approval of Budget Amendment FY24-25 Budget Amendment #3 Town of Lillington | 2 PUBLIC HEARING Item #7 Public Hearing on Consideration of Text Amendment to Article IV- Section 4.03 of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #7A Consideration of Approval of the Text Amendment to Article IV- Section 4.03 of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #8 Public Hearing on Consideration of Text Amendment to Article IV- Sections 4.04, 4.08.3, 4.08.4, 4.08.6, 4.08.7, 4.08.9 & 4.08.10 of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #8A Consideration of Approval of the Text Amendment to Article IV- Sections 4.04, 4.08.3, 4.08.4, 4.08.6, 4.08.7, 4.08.9 & 4.08.10 of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #9 Public Hearing on Consideration of Text Amendment to Article V- Section 5.10.7 of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #9A Consideration of Approval of the Text Amendment to Article V – Section 5.10.7 of the Lillington Unified Development Ordinance Landon Chandler, Planning Director NON-AGENDA ITEMS Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled items that need consideration by the Board. ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: October 15, 2024 Staff Work By: Lindsey B. Lucas, Town Clerk Lisa B. Young, Assistant Town Manager Joseph Jeffries, Town Manager Alicia Adams, Administrative Services Director AGENDA ITEM Consent Agenda Items ITEM SUMMARY All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately: Item #1 Approval of Work Session Minutes from September 9, 2024 Item #2 Approval of Closed Session Minutes from September 9, 2024 Item #3 Approval of Regular Session Meeting Minutes from September 10, 2024 Item #4 Approval of Resolution of the Town of Lillington Declaring Surplus Property and the Disposal of Said Items Item #5 Approval of Encroachment Agreement with Conterra Broadband regarding Alexander Drive & McKinney Parkway Item #6 Approval of Budget Amendment FY24-25 Budget Amendment #3 RECOMMENDED ACTION Approve consent agenda items as recommended by staff. AGENDA ITEMS #1-6 Lillington Board of Commissioners September 9, 2024 Work Session Meeting Minutes Work Session Meeting of the Town Board of the Town of Lillington, Monday, September 09, 2024 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Rupert Langdon Commissioner Marshall Page Commissioner Danny Babb Commissioner Patricia Moss Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey Lucas, Town Clerk Shane Cummings, Engineer Brian Hyde, Senior Infrastructure Inspector Ashley Wimberly, Public Works Director William Baker, Parks and Recreation Director John Bethune, Fire Chief Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. Mayor McFadden moved Item #3 and Item #4 to after Item #7. NEW BUSINESS Item #1 Discussion and Consideration of Accepting Grant for a New Playground at Senter Park Mayor McFadden recognized Alicia Adams, Administrative Services Director. Ms. Adams informed the Board of a grant that would match the town on new playground equipment. Ms. Adams explained the new playground equipment would be put at Senter park. After further discussions, Commissioner McPhail made a motion for the Town to contribute $75,000 towards the new playground equipment. Commissioner Langdon seconded the motion that passed unanimously. Item #2 Transportation Updates Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler discussed transportation updates that will be happening on 10th Street, 8th Street, the main intersection at McDonalds and Brightwater Drive. Discussions were continued. Item #5 Administrative Reports Capital Projects Update- Mayor Glenn McFadden recognized Alicia Adams, Administrative Services Director. Ms. Adams went over the following updates; Lillington Board of Commissioners September 9, 2024 Work Session Meeting Minutes SCIF Grants Downtown Facilities Stewart, Inc. is continuing to work on the construction drawings for Downtown. Staff has received cost estimates from Duke Energy for relocation of utilities. The Town has entered into a contract with Duke Energy including a non-refundable deposit of $90K. This will provide the Town with the actual cost for construction for underground utilities. Staff are continuing to work closely with Ducke Energy and Pike to work through construction plans. McAdams is working on the final adjustments to the stormwater infrastructure. Once completed Stewart will incorporate them into the Downtown construction plans. The surveyor has completed the additional requested survey work for Duke Engergy. Duke Energy has completed the drawings and are currently being reviewed. Staff will be meeting with Duke Energy and Pike Engineering in the coming weeks to determine next steps. Pike Engineering is continuing to work on pedestrian and roadway lighting. Pike Engineering is doing both the roadway lighting and the parking lot lighting. Stormwater Resiliency Funds Staff was notified that the State allocated $3.5 million for Stormwater infrastructure improvements and stream restoration, to provide more efficient stormwater management and flood resiliency. Project components will include stormwater management, replacing undersized culverts, and stabilizing streambanks to improve flood resiliency. Projects: 1. Downtown Stormwater Improvements • Design construction documents have been submitted to the Town and are currently under review. • Consultants are coordinating with the railroad RJ Corman to put in an additional crossing. • Environmental consultants are currently studying the proposed location for the pond. 2. Duncan Street • The contractor is making additional repairs on Duncan Street outside of the original scope to fix some other outstanding stormwater issues in the area Lillington Board of Commissioners September 9, 2024 Work Session Meeting Minutes 3. Railroad Crossing • Began Final Design and construction documents. McAdams will provide preliminary plan set to the Town for review before submitting to RJ Corman. • Ongoing coordination with RJ Corman (Railroad) for encroachment documentation and permitting for working within their R/W. Working with RJ Corman is difficult and communication is excessively slow. 4. 13th Street Reservoir • McAdams is recommending upsizing the northernmost culvert crossing on S 13th Street to dual RCBC box culverts to eliminate roadway overtopping for the 10 and 25-Year design storms. Although this recommendation is a slight deviation from the 15’W x 6’H RCBC, which is listed as the preferred design alternative (#2) in the previous Town of Lillington Stormwater Assessment, it will better maintain existing stream geometry and lend to more feasible construction and procurement of materials. • Working towards obtaining 401/404 permitting • Easement acquisition will be necessary for completion of the project. • Staff submitted damages from Hurricane Debby to the North Carolina Department of Emergency Management in hopes the project will be covered under Hurricane Debby damages ***During Hurricane Debby Golden Leaf Application Stormwater Harnett Street Project Description: The proposed storm drainage improvements would include removal and replacement of existing storm drainage pipe, ranging from 15” RCP to 30” RCP, and removal and replacement of storm drainage structures, including catch basins, drop-inlets, storm drainage manholes, and storm drainage headwalls. The proposed storm drainage infrastructure will effectively capture storm runoff, convey stormwater efficiently inside public right-of-way, and increase the level of service of the storm drainage system. In addition, private storm drainage infrastructure would be relocated to the Town Right-of-Way to allow for easier access for future maintenance and inspections. The probable cost of this project is $1.3 million, the Town has agreed to contribute $250,000 to the project. The Golden Leaf Grant Agreement was approved in June. A project ordinance confirming the Town’s financial contribution was approved at the August Regular Meeting. Staff is working closely with McAdams to get the project moving forward. Construction Drawings are mostly completed for this project and has already undergone one review by staff. Lillington Board of Commissioners September 9, 2024 Work Session Meeting Minutes Fire Station #3 The Town staff has received their third schematic layout of the Fire Station and are continuing to work closely with Bobbitt. Below is the layout of the interior of the fire station. Staff met with Bobbitt August 15th and selected interior finishes for the station. The station will be ready to bid and finance in the coming months. Staff will be working closely with Davenport for the financing of Fire Station #3. ARPA S.L. 2022-74 Appropriated Projects All documentation was submitted to the State to fund the Hwy 210 sewer line expansion and Southern Regional Sanitary Sewer/Poorhouse Creek installation of new sanitary sewer interceptor and regional pump station. The total allocation was $9,250,000. Staff has received the offer and acceptance letter from the Department of Water Infrastructure. a. Hwy 210 Sewer line Project Temple Grading signed the NTP August 14, 2023. Construction has begun and is on-going. Force main has been pressure tested and construction is complete. Pump station structures are complete and electrical will begin next. Gravity work is scheduled to mobilize September 9th. All work is scheduled to be complete by November. The contractor has presented two change orders to the Town; changer order 1 for the additional contract time (89 calendar day increase) due to the Crested Iris design change to connect to the HRW collection system and outside agency concurrence, change order 2 is for the cost to complete the work at Crested Iris Drive to make the HRW sewer connection as demonstrated on the latest design drawings ($156,801.56 and 30 calendar day increase to contract time). The change orders have been approved by the state and the Town of Lillington. b. Poorhouse Creek Meyers Engineering submitted all construction drawings and permits to DWI. The construction portion of the project was approved by DWI, as long as all easements are acquired. Easement acquisition is underway and progressing. Currently, the Town is solicitating for bids for the project. The bid opening will take place at Town Hall on September 24, 2024 at 10:00 am. LASII Grant Staff submitted the LASII grant application October 2, 2023 requesting $500,000 to develop and implement a new stormwater utility to provide a predictable, equitable and ongoing funding source for its stormwater program. The activities that the Town seeks to accomplish with the funding that the utility will provide include: • Increasing the flood resiliency of the transportation system in and through the Town; • Funding stormwater Capital Improvement Projects (CIPs) to address stormwater quantity and quality issues; • Handling critical maintenance needs and operations; and • Meeting planning and implementation needs. Lillington Board of Commissioners September 9, 2024 Work Session Meeting Minutes The scoping document was approved by DWI, the grant agreement and the acceptance of funding resolution was approved at the August meeting. The McAdams engineering services contract was approved at the August meeting. The project schedule is two years, with a completion date of August 2026. Staff is having a kick off meeting September 20th with McAdams. S.L. 2023 Appropriated Funds The Town was appropriated $11,062,500 through Session Law in 2023. Administrative cost for the funds is $331,875.00. Available funds remaining are $10,730,625. Additional Proposed projects with remaining funds: 1. Water Tank $4.5 million • Request for Qualifications were accepted at Town Hall July 16th at 2:00pm • Four firms submitted and are currently under review • Request for funding have been approved by DWI and all required documents are on the consent agenda for approval. • Project Ordinance is slated to be approved on the Consent Agenda 2. Downtown utility rehabilitation approximately $3.1 million 3. WWTP project $3.1 million • Request for funding have been approved by DWI and all required documents are on the consent agenda for approval. • Project Ordinance is slated to be approved on the Consent Agenda Staff completed request for funding forms to the Division of Water. Following completion of the required documents staff can begin the projects. Monthly Financial Report – Mayor Glenn McFadden recognized Lisa Young, Assistant Town Manager. Ms. Young reviewed the monthly summaries for the Town’s revenues, expenditures, and year-to-date fund balances in the General Fund, Water/Sewer Fund, and the Powell Bill Fund for the month of August. Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries gave the following updates; - Mr. Jeffries made sure the Board was still okay with Toys-for-Tots using the building at 706 S 8th Street during the Christmas season this year– The Board was fine with that. - The County will not be having a Veterans Day Parade this year Item #6 Discussion of Regular Meeting Agenda for September 10, 2024 Mayor Glenn McFadden reviewed the Agenda for the September 10, 2024, Regular Meeting. Item #7 Closed Session to Meet per §143-318.11(a)(5) Lillington Board of Commissioners September 9, 2024 Work Session Meeting Minutes Commissioner Babb made a motion to enter Closed Session. Commissioner Page seconded the motion that passed unanimously. Commissioner McPhail made a motion to come out of Closed Session. Commissioner Page seconded the motion that passed unanimously. Item #3 Condemnation Discussion Regarding South Regional Wastewater Project Easement Acquisition Mayor McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings stated he recommended starting the condemnation process for properties owned by Samuel Mclean being PIN#: 0559-56-6671.000 and Steve & Diane Guinta being PIN#: 0559-77-7124.000 & 0559-77- 7084.000. Commissioner Page made a motion to start the condemnation process on these properties. Commissioner Moss seconded the motion that passed unanimously. Item #4 Condemnation Discussion Regarding Hwy 210 Wastewater Project Easement Acquisition. Mayor McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings stated he recommended starting the condemnation process for property owned Johnny Carroll Contracting, Inc. and KMB Building, LLC. Being PIN#: 0651-73-5397.000. Commissioner Page made a motion to start the condemnation process on these properties. Commissioner Moss seconded the motion that passed unanimously. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner McPhail and a second by Commissioner Page. Attest: ____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners September 10, 2024 Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, September 10, 2024 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Marshall Page Commissioner Rupert Langdon Commissioner Danny Babb Commissioner Patricia Moss Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey B. Lucas, Town Clerk Landon Chandler, Planning Director Alicia Adams, Administrative Services Director Frank Powers, Police Chief William Baker, Parks & Recreation Director Shane Cummings, Town Engineer Tony Buzzard, Town Attorney Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed those in attendance at 6:00 p.m. Invocation: Commissioner Page held the invocation. Agenda Consideration: Mayor Glenn McFadden presented the agenda for the consideration by the Town Board. Commissioner Page moved to approve the agenda as presented. The motion was seconded by Commissioner Moss and approved unanimously. (Minute Book Notation: Agenda is on file at Lillington Town Hall). Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the Town Board. Mariam Blair – 905 S. 11th Street – Senior Housing Apt D – Mr. Blair expressed concerns regarding his apartment complex. Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as amended to the Board. The motion was seconded by Commissioner McPhail and the following consent agenda items were approved unanimously. Lillington Board of Commissioners September 10, 2024 Item #1 Work Session Minutes from August 12, 2024 Minutes Approved Item #2 Closed Session Minutes from August 12, 2024 Minutes Approved Item #3 Regular Meeting Minutes from August 13, 2024 Minutes Approved Item #4 State of North Carolina Department of Environmental Quality Division of Water & Infrastructure & Resolution By Governing Body by Recipient Approved Item #5 State of North Carolina Department of Environmental Quality Division of Water Infrastructure Funding Offer and Acceptance – Project#: SRP-W-134-0163 Approved Item #6 Approval of State of North Carolina Department of Environmental Quality Division of Water & Infrastructure & Resolution By Governing Body by Recipient Approved Item #7 State of North Carolina Department of Environmental Quality Division of Water Infrastructure Funding Offer and Acceptance – Project#: SRP-D-134-0166 Approved Item #8 Approval of FY24-25 Budget Amendment #2 Approved Item #9 North Harnett WWTP Capacity Upgrade Project Ordinance Approved Item #10 Lillington Elevated Water Tank Project Ordinance Approved Item #11 Resolution to Adopt the 2024 Meeting Schedule of the Lillington Board of Commissioners Approved Item #12 School Resource Officer Reimbursement Agreement For Elementary and Primary Schools Approved Item #13 KVENTURES Consultant Services Master Agreement Approved Item #14 KVENTURES Statement of Work Proposal for Lillington, NC Approved Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff. Lillington Board of Commissioners September 10, 2024 Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Page and a second by Commissioner Moss. Attest: ____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor TOWN OF LILLINGTON 106 West Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com RESOLUTION FY 2025-05 RESOLUTION OF THE TOWN OF LILLLINGTON, NORTH CAROLINA DECLARING SURPLUS PROPERTY AND THE DISPOSAL OF SAID ITEMS WHEREAS, the Town of Lillington Board of Commissioners has set forth that the items listed below are declared to be surplus; and WHEREAS, North Carolina General Statue 160A-267 gives the Town of Lillington authority to dispose of such items via private sale; and WHEREAS, North Carolina General Statute 160A-270(b) gives the Town of Lillington authority to dispose of such items via auction; and WHEREAS, the below items are here by listed: Miscellaneous Items: Deployment Bags (7) Mag Pouch (11) Tourniquet Pouch (3) Radio Pouch (15) Grenade Pouch (9) Canteen Pouch (8) Holster Extender (5) First Aid Bags (36) Ruck Sacs (3) Sure Fire Light Bags (8) Assault Pack (4) Load Bearing Vest (5) Equipment Sustainment Pouch (1) Camel Back Bags (4) 3 Magazine Pouch (2) Battle Belt (13) Size 10 Boots (1) Comms Bags (4) Holster (17) Black Straps (7) Town of Lillington | 2 106 West Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF LILLINGTON BOARD OF COMMISSIONERS, that the Town of Lillington shall dispose of the above-mentioned surplus items in the matter deemed most appropriate by the Lillington Town Manager, subject to the provisions of the North Carolina General Statutes. Adopted this 15th day of October, 2024 Attest: ___________________________ ________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Town of Lillington Right-of-Way Encroachment Agreement STREET STATE OF NORTH CAROLINA PROJECT P-024994 COUNTY OF Harnett TOWN OF LILLINGTON Conterra Ultra Broadband LLC RIGHT OF WAY ENCROACHMENT AGREEMENT PUBLIC TOWN STREETS THIS AGREEMENT, made and entered into this day of 20 by and between the Town of Lillington, party of the first part; and Conterra Ultra Broadband LLC 5301 77 Center Dr, Charlotte NC 28217 party of the second part, W I T N E S S E T H THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) Alexander Dr & McKinney Parkway , located 125 Alexander Dr, Lillington, NC 27546 Project will consist of installing 458 new UG 144CT from existing handhole to customer location. One (1) new handhole will be installed as well. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute and ordinance, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of the first part’s latest POLICIES, PROCEDURES, PRACTICES, and ORDINANCES, and such revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures may be obtained from the Director of Public Works of the party of the first part. That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said street, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Director of Engineering Services of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Director of Public Works of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of the Town of Lillington and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Director of Public Works of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Director of Public Works of the party of the first part. That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Director of Public Works of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part. Any disputes related in any way to this agreement shall be filed and resolved in Harnett County, North Carolina District Court and the parties hereby consent to said jurisdiction and venue.” Docusign Envelope ID: C629DB41-A15E-4437-9A3C-6065BAE4FE5E DocuSign Envelope ID: 5FB302AB-A977-4164-9AC5-797426A2B428 Town of Lillington Right-of-Way Encroachment Agreement COA ROW Encroachment Agreement: Party of the Second Part certifies that this agreement is true and accurate copy of the form incorporating all revisions to date. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. INSTRUCTIONS When the applicant is a corporation or another government entity, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered official, unless a waiver of corporate seal and attestation by the Chief Administrative Officer or by the empowered official is on file in the Lillington office of the Director of Public Works. In the space provided in this agreement for execution, the name of the corporation or government entity shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3. Location of the existing and/or proposed encroachment. 4. Length, size and type of encroachment. 5. Method of installation. 6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc. 7. Location by highway survey station number. If station number cannot be obtained, location should be shown by distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the Town’s roadway plans may be seen at the office of Engineering Services). 8. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from encroachment to nearest part of structure). 9. Method of attachment to drainage structures or bridges. 10. Manhole design. 11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc. 12. Length, size and type of encasement where required. 13. On underground crossings, notation as to method of crossing - boring and jacking, open cut, etc. 14. Location of vents. GENERAL REQUIREMENTS 1. Any attachment to a bridge or other drainage structure must be approved separately prior to submission of encroachment agreement to the Director of Public Works. 2. All crossings should be as near as possible normal to the centerline of the highway. 3. Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out in the National Electric Safety Code. 4. Encasements shall extend from ditch line to ditch line in cut sections and 5’ beyond toe of slopes in fill sections. 5. All vents should be extended to the right of way line or as otherwise required by the Town. 6. All pipe encasements as to material and strength shall meet the standards and specifications of the Town. 7. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot be shown on plans or drawings. 8. Locating underground facilities must take place prior to commencement of work. 9. The Director of Public Works should be given notice by the applicant prior to actual starting of installation included in this agreement. ATTEST OR WITNESS: TOWN OF LILLINGTON BY: TOWN MANAGER Docusign Envelope ID: C629DB41-A15E-4437-9A3C-6065BAE4FE5E TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org ORDINANCE FY2025-09 BUDGET ORDINANCE AMENDMENT FISCAL YEAR 2024-2025 #3 BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that the following amendment is made to the budget ordinance for the period ending June 30, 2025: Section 1. To amend the General, Powell and Water/Sewer Funds, the revenues and expenditures are to be changed as follows: Account Number Description Increase Decrease 10-20-500-7400 Capital Outlay $ 103,400 10-00-470-5400 Capital Outlay $ 22,000 10-00-399-0000 Fund Balance $ 125,400 60-91-373-2000 Sewer Capacity Rev $ 295,000 60-90-720-7650 Sewer Capacity Exp $ 295,000 To budget funds multipurpose path/Nathan’s Ridge ($103,367.97); increase in WC insurance ($22,000); Sewer Line extension on Hwy 210 ($295,000). Section 2. Copies of this budget amendment shall be furnished to the Governing Body, Budget Officer, Clerk and the Finance Director for their direction. Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org Adopted this 15th day of October, 2024 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: October 15. 2024 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on Consideration of Text Amendment to Article IV- Section 4.03 of the Lillington Unified Development Ordinance ITEM SUMMARY Consideration of Approval of the Text Amendment to Article IV- Section 4.03 of the Lillington Unified Development Ordinance RECOMMENDED ACTION Approve Article IV- Section 4.03 of the Lillington Unified Development Ordinance AGENDA ITEM #7-7A Town of Lillington, NC Unified Development Ordinance IV-1 DESIGN STANDARDS Section 4.01 GENERALLY The standards in this Article are intended to be minimum standards for development. Higher standards or relief from standards may be established through the procedures in Article 3 – Use Standards and Article 7 – Administration & Development Processes. Section 4.02 BASIC DEVELOPMENT STANDARDS 4.02.1 HEIGHT A. Other than the provisions listed in this Section, buildings and structures shall not exceed the maximum heights established in Article 2 – Zoning District Provisions of this ordinance. B. The height of a building is the vertical distance measured from the mean elevation of finished grade at the front of the building to the highest point of the building. C. A story includes any floor above the mean elevation of finished grade at the front of the building. Where floor levels are staggered, the number of stories is the number of floors counting vertically from the point of the mean elevation of finished grade at the building front. D. Roofs with slopes greater than seventy-five (75) percent are regarded as walls. E. Chimneys, church spires, water tanks, elevator shafts, scenery lofts and similar structural appendages not intended as places of occupancy are exempt from the height limitation set forth in this Section, provided that not more than one-third (1/3) of the roof area is covered by such structures. F. Heating and air conditioning equipment, solar collectors and similar equipment, fixtures and devices are exempt from the height limitation set forth in this Section, provided that they are set back from the edge of the roof a minimum distance of one (1) foot for every foot the feature extends above the roof surface. Screen or parapet walls shall be constructed to the height of any fixture taller than three (3) feet in height that would be visible from a street or residential property abutting the property. G. The height requirements for wireless telecommunications towers & facilities are provided in Article 2 – Zoning District Provisions & Article 3 – Use Standards of this ordinance. H. Light standard heights shall not exceed the limits established in Section 4.06 of this ordinance. I. Flagpoles and similar devices shall be limited to thirty-five (35) feet in height. Town of Lillington, NC Unified Development Ordinance IV-2 4.02.2 SETBACKS A. Setbacks Required. No portion of any building, excluding eaves, decks, patios, steps and uncovered porches may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in Article 2 – Zoning District Provisions of this ordinance. All setbacks are expressed in feet and are minimum setbacks unless otherwise noted. Additional setbacks may be required to meet parking, landscaping, buffers or other standards specified in this Article, the specific use standards of Article 3 – Use Standards of this UDO. B. Allowed Setback Encroachments. A step, stoop, open porch, awnings or other appurtenances may extend up to five (5) feet into the front setback, provided such features do not impede pedestrian circulation or extend more than twenty-five (25) percent into the minimum setback. C. Setback Measurement 1. Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). 2. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured at a right angle to such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street centerline. D. All setbacks are subject to compliance with adopted applicable fire code provisions. 4.02.3 RELATIONSHIP OF BUILDING TO LOT In no case shall there be more than one principal building and its customary accessory buildings on a lot except in the case of a designed complex of professional, residential or commercial buildings in an appropriate zoning district. 4.02.4 STREET ACCESS No building shall be erected on a lot which does not abut a street or have access to a street, provided that in a planned development, a building may be erected adjoining a parking area or dedicated open space which has access to a street used in common with other lots. 4.02.5 INFILL LOT STANDARDS The minimum front or street yard required may be reduced for any lot where the average established front yard on developed lots located within 300 feet on each side of such lot, and fronting on the same street as such lot, is less than the minimum required yard. In such cases, the minimum front or street yard may be less than that required but not less than the average of the existing front yards on the developed lots within 300 feet of each side. In addition, for new lots created from existing larger lots, the lot width at the frontage line and the side yard setbacks Town of Lillington, NC Unified Development Ordinance IV-3 shall be consistent with the immediately adjacent neighboring parcels on the same side of the street. 4.02.6 IRREGULAR LOT SETBACKS The location of required front, side and rear yards (or setbacks) on irregularly shaped lots shall be determined by the Administrator. The determination will be based on the intent and purpose of this ordinance to achieve an appropriate spacing and location of buildings and buildings on individual lots. Where questions arise as to appropriateness, the subdivider may be requested to provide additional design information. Section 4.03 ACCESSORY USES AND STRUCTURES The purpose of this section is to establish standards for accessory uses and structures. Except as provided elsewhere in this ordinance, it shall be unlawful for any person to erect, construct, enlarge, move or replace any accessory use or structure without first obtaining a certificate of zoning permit from the Administrator. A. GENERAL 1. Accessory uses and structures may only be used for purposes permitted in the district in which they are located. 2. Not for Dwelling Purposes: Accessory structures shall not be used for dwelling purposes except as an approved Accessory Dwelling in accordance with this ordinance. 3. Building Permits May Be Required: Depending on the size of the structure and the incorporation of various improvements (e.g., electrical, plumbing) a building permit may also be required. 4. See Article 3, Section 3.03.5 for Accessory Dwelling Standards. B. LOCATION, SETBACKS AND HEIGHT Standards Single-family/Two- family lots – less than 1.52 acres in size Single-family/Two- family lots – 1.52 acres or larger in size Lots over 5 acres in size All other uses Permitted location Side/rear only Permitted in all yards – may not be closer than 30’ of r/w Permitted in all yards – may not be closer than 30’ of r/w Side/rear yard only Side/Rear Yard Setback See district setbacks in Article 2 – Zoning District Provisions. Height See district height provisions in Article 2 – Zoning District Provisions. C. MAXIMUM NUMBER AND AREA Standards Single-family/Two-family lots – less than 1.52 acres in size Single-family/Two- family lots – 1.52 to 5 acres in size Lots over 5 acres in size All other uses Maximum Accessory 2 2 No max. No max. Town of Lillington, NC Unified Development Ordinance IV-4 Structures Permitted Maximum Area (Accessory Dwelling Unit Area is Exempt) 600 sf per structure 1,000 sqft aggregate 1,5000 sqft per structure or 1,5400 sqft aggregate No max. No max. Section 4.04 FENCES & WALLS All fences and walls shall comply with the requirements of this Section unless specifically approved as part of a Conditional Zoning, Special Use Permit, Site Specific Development Plan, or Variance. A. Except as otherwise provided in this Section, fences that are no taller than six (6) feet may be built along interior side and rear property lines. B. Exterior side yard fences that are no taller than six (6) feet shall be at least two feet from the right-of-way and no closer than two (2) feet from the inside edge of the sidewalk. C. Fences in front yards are discouraged, but must be: 1. Located least two (2) feet from the right-of-way and no closer than two (2) feet from the inside edge of the sidewalk; 2. Less than sixty (60) percent opaque; 3. Be designed as picket or wrought-iron style fences (chain link and chicken wire are prohibited); and 4. Not exceed four (4) feet in height, except that wrought iron and split rail style fences may be up to five (5) feet tall. D. No fence shall obstruct any traffic safety visibility zone. E. Barbed wire, razor wire or other fence materials designed to cut or puncture are prohibited in all districts, except in the LI, HI and FRO districts. F. Deer fences may be erected around gardens provided that the fences are located at least ten (10) feet from the nearest property line. Section 4.04.1 RETAINING WALLS In the event that any development activity necessitates the use of retaining walls, the following shall apply: A. Walls higher than (4) feet shall be designed, inspected, and certified by a licensed Professional Engineer in accordance with N.C. General Statute 89C and be required to obtain a building permit in accordance with the Town of Lillington Unified Development Ordinance and North Carolina Building Code. B. Safety rails or fencing may also be required dependent upon the administrators review. All applications of fencing must be designed in a manner that does not conflict with the manufactures recommended specifications. Retaining walls with a vertical drop of (1) foot or more located adjacent to residential or commercial property, parks, parking lots, trails and sidewalks shall provide safety railing per standard details. Town of Lillington, NC Unified Development Ordinance IV-5 C. Private retaining walls, including supports, foundations, reinforcement, and any other wall appurtenances are not allowed within public right-of-way or easements. D. A plan showing all lines, grades, and depths of the proposed wall must be submitted and approved prior to construction. E. All walls that are submitted for approval must be accompanied by a materials list showing minimum design specifications from the manufacturer for all components. In no case shall the proposed retaining wall be approved or accepted by the Town of Lillington if its design conflicts with the minimum design specifications as outlined by the manufacturer. F. Retaining structures shall not exceed six (6) feet in height and shall not exceed two (2), six (6) feet tall tiered sections. There will be a minimum separation of 3’ between the proposed tiered section(s). G. In no case shall a retaining wall be constructed in a manner in which the construction activities negatively impact an adjoining property. All grading and support structures associated with the retaining structure shall not encroach into any required buffer or protected area (such as, but not limited to, critical root zones of trees on adjoining properties), and shall be contained entirely on site. H. A setback will be generated dependent on the proposed wall height during plan review. The minimum setback is established at (5’). The ratio for determining setbacks for walls greater in height than (5’) will be 1:1, for example; a (12’) wall system will require a (12’) setback. The setback will be measured from the adjoining property line to the limit of disturbance (the cut) as called out in the supplied site plan. This setback will be established as both an easement for a planting strip & maintenance. I. Retaining walls shall be designed in a way where the finished elevation, or top of wall, matches the existing elevation of the adjacent property for the full length of the wall system. J. All retaining walls that exceed (4’) in height are required to provide a planting strip comprised of low growing vegetation i.e., shrubs for the purpose of stabilization & buffered separation. The minimum planting requirement is established at 24 shrubs per 100’ of planting strip. See Appendix A for a list of approved species for planting. For retaining walls that require screening with plantings, no plantings shall be located so that they will encroach into any public property or right-of-way when the plant reaches maturity. Section 4.05 PARKING, DRIVEWAYS AND LOADING 4.05.1 PURPOSE AND INTENT This Section establishes the minimum requirements for the number of spaces and the design of parking areas in the Town of Lillington. This Section provides administrative flexibility for the Administrator to adjust the number of required spaces and the design of spaces to provide for adequate parking, accommodate unique site conditions and capitalize on the benefits of parking opportunities on- street or in shared parking areas. 4.05.2 APPLICABILITY The requirements of this Section shall be applicable to all new development and change of use that create the need for parking or increase existing parking Town of Lillington, NC Unified Development Ordinance IV-6 demands. 4.05.3 PARKING SPACE REQUIREMENTS Permanent off-street parking (including on-street parking in accordance with the requirements below) is required subject to the table below. If required, parking shall be provided at the time of erection, alteration, enlargement, establishment or change of use of any building or open use of land which require additional off- street parking. LAND USE TYPE MINIMUM REQUIRED AUTO SPACES MINIMUM REQUIRED BICYCLE PARKING SPACES RESIDENTIAL: Dwelling – Single Family Detached & Two Family (Duplex) 2 per unit 1 per 50 lots Dwelling – Single-Family Attached (Townhome) 2 per unit plus 0.25 per unit for guest parking 1 per 50 lots Dwelling – Multifamily 2 per unit 1 per 50 auto spaces Dwelling – Accessory 1 per unit N/A Live-Work Units 1 per 700 sf N/A Residential Care Facilities 1 per 2 resident rooms 1 per 40 auto spaces All other residential uses No requirement No requirement LODGING AND ACCOMMODATIONS: All uses 1 per room 1 per 50 auto spaces OFFICE AND SERVICES: Medical Clinic 1 per examination room 1 per 50 auto spaces All other Office & Service Uses 1 per 700 sf 1 per 50 auto spaces COMMERCIAL AND ENTERTAINMENT: Restaurant 1 per 400 sf 1 per 50 auto spaces Indoor Amusement No requirement 1 per 50 auto spaces Outdoor Amusement No requirement 1 per 50 auto spaces Theater (Indoor or Outdoor) 1 per 8 seats 1 per 50 auto spaces All other Commercial and Entertainment Uses 1 per 500 sf 1 per 50 auto spaces MANUFACTURING, INDUSTRIAL AND WHOLESALE TRADE: Storage/Warehouse Uses: 1 – 50,000 SF 1 per 1,500 sf No requirement Over 50,000 SF 1 per 2,000 sf No requirement Other Industrial/Manufacturing Uses: 1 – 3,000 SF 1 per 250 sf No requirement 3,001 – 5,000 SF 1 per 500 sf No requirement 5,001 – 10,000 SF 1 per 750 sf No requirement 10,001 – 50,000 SF 1 per 1,250 sf No requirement Over 50,000 SF 1 per 2,000 sf No requirement EDUCATION & INSTITUTIONS: Child/Adult Day Care Centers (more than 8 persons) 1 space per classroom 1 per 50 auto spaces Town of Lillington, NC Unified Development Ordinance IV-7 Religious Institutions 1 per 8 seats in main assembly hall 1 per 50 auto spaces Schools (elementary & secondary) 1 per 8 seats in main assembly hall or gymnasium 2 per 50 auto spaces Studio 1 per 400 sf 1 per 20 auto spaces All other Education and Institution uses No requirement 1 per 50 auto spaces AGRICULTURAL AND FORESTRY: All uses No requirements No requirements COMMUNICATIONS, TRANSPORTATION AND INFRASTRUCTURE: All uses No requirement No requirements 4.05.4 EXEMPTIONS AND ADJUSTMENTS A. Exemptions. Uses in the CB District are exempt from the minimum parking requirements of this Section. B. Tree Preservation. The minimum number of parking spaces required may be adjusted by the Administrator when it has been determined that the reductions are necessary to preserve a healthy tree or trees (with a 12 inch or greater diameter at breast height) from being damaged or removed, and where the site plan provides for the retention of said tree or trees. 4.05.5 SATELLITE PARKING A. If the off-street parking spaces required by this section cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 600 feet. Such measurement shall be taken from the edge of the parking area on the lot to the entryway of the remote parking area. B. Shared Satellite Parking: Upon approval by the Administrator, satellite parking facilities may be shared by 2 or more uses which do not share normal operating hours. C. Parking for Permitted Uses Only: If satellite parking is utilized to fulfill parking requirements, the owner or authorized agent for the land upon which such remote parking is located shall restrict the use of such parking area for parking only in connection with the use(s) or structure(s) for which such remote parking is provided. Such restriction shall be recorded as an easement at the time of final plat approval. If no final plat is required as part of the development approval, a shared parking agreement between uses can be submitted to the Administrator in lieu of recording a such easements on a final plat.. Remote parking for a particular use shall not be established in any district that does not allow that use. 4.05.6 VEHICLE DESIGN STANDARDS A. Parking Area General Design Standards 1. Parking areas shall be maintained to provide for vehicle access and shall be kept free of litter, debris, outdoor display and sales and material storage, including portable containers. Town of Lillington, NC Unified Development Ordinance IV-8 2. Parking for service vehicles shall be designated, located and screened to minimize the view from adjacent properties and rights-of-way, generally at the rear of buildings. 3. Parking areas shall be located and designed to avoid undue interference with the use of public rights-of-way, driveways or pedestrian ways. Parking stalls shall not be located in areas that would require backing into access driveways or streets except where allowed for residences. 4. Parking design and location shall be in accordance with the Lillington Specifications Manual and at minimum shall the following minimum dimensions: Parking Angle (Degrees) Parking Space Width (feet) Parking Space Depth (feet) Min. Aisle Width (feet) 0o 9’ 20’ 12’ 30o 9’ 18’ 11’ 45o 9’ 20’ 13’ 60o 9’ 21’ 18’ 90o 9’ 18’ 24’ 5. Parking stalls shall be located a minimum of 10 feet from public rights-of- way and buildings to allow sufficient separation for sidewalks, landscaping and other site features except along the backs of buildings in areas designed for loading and unloading. 6. Parking shall not be located in landscaped, open space or tree save areas. 7. Vehicle storage or display areas shall be identified on a site plan distinct from customer and employee parking areas and shall comply with parking access, location and design requirements, except that striping of the display or storage area shall not be required. Vehicle storage or display areas shall not be located in a manner that interferes with vehicle or pedestrian access aisles or driveways. 8. Tractor trailers, cargo trucks, busses and other large commercial vehicles or heavy equipment parking and storage shall comply with parking access, location and design requirements except for stall size and aisle size which shall be as appropriate for the vehicles to be stored and shall be designated on a site plan. A. Stacking Spaces 1. Uses with drive-through facilities and other auto-oriented uses where vehicles queue up to access a service shall provide adequate stacking spaces on-site for the uses or buildings in accordance with this section. Such uses include but are not limited to: restaurants with drive-through, convenience store with fuel sales, and other uses with service bays or drive- throughs. 2. Required stacking spaces are subject to the following design and layout standards: a. Stacking spaces shall be a minimum of nine feet wide and 16 feet long. Town of Lillington, NC Unified Development Ordinance IV-9 b. Stacking spaces shall not impede vehicular traffic movements or movements into or out of parking spaces, whether on-site or off-site. c. Stacking spaces shall not impede onsite or offsite bicycle or pedestrian traffic movements, whether on-site or off-site. d. Stacking spaces shall be clearly delineated through such means as striping, landscaping, pavement design, or curbing. B. Surfacing Off-street parking areas shall be properly graded, marked and located on improved lots or within parking structures. The material for surface parking spaces and corresponding access drives required by this section, except for single-family detached and duplex residences, shall consist of suitable material as set forth below. 1. Suitable Materials: Suitable paving materials for required parking areas include, but are not limited to, asphalt, porous asphalt, porous paving blocks, and concrete. Compacted stone (road bond) and gravel may be permitted by the Administrator as paving materials in the rear setback area for loading and service areas in areas zoned LI or HI (Industrial Districts). 2. Accessible Spaces: All accessible spaces and corresponding access paths shall consist of concrete or asphalt. 3. Pervious Surfaces: Porous paving blocks and pervious paving materials are permitted and encouraged as material for parking lots. The use of reinforced grass as a parking lot surface is permitted for satellite parking areas. 4. Parking Space Marking: The individual parking spaces in a lot shall be delineated in all parking lots except those utilizing road bond, gravel, grass or other vegetative surfacing. C. Connectivity 1. Adjoining parking lots serving (or potentially serving) non-residential or multifamily uses shall be interconnected as follows: a. The parking lot under development has a minimum of 24 parking spaces or equivalent parking area. b. At least 1 connection is provided at all lot lines that are coincident for at least 60 feet with another lot zoned for non-residential use. c. The connection is at least 20 feet wide. d. If applicable, the connection aligns with a connection that has been previously constructed on an adjacent property. e. The connection has a slope of no greater than 15 percent. f. The connection is not placed where a building on an adjacent property is within 50 feet of the lot line which would hamper traffic movements within the parking lot. Town of Lillington, NC Unified Development Ordinance IV-10 g. The connection is placed in an area which will not require the removal of significant natural features such as wetlands or trees with a caliper of 6 inches or more. h. In the event these conditions cannot be met without undue hardship, or if such connections would create undesirable traffic flow, the Administrator may waive the connection requirement. i. Where a parking lot connection is required an easement for ingress and egress to adjacent lots shall be recorded by the property owner with the Harnett County Register of Deeds in the form of an easement plat. D. Off-street Loading Requirements 1. Off-street loading spaces shall be required for industrial, major institutional, and business uses that can be expected to regularly receive or deliver goods, pursuant to the following schedule (areas within the Downtown Overlay District – Central Business/Main Street Area are exempt from this requirement): Building Square Footage Required Number of Spaces Under 20,000 0 20,001 – 40,000 1 40,001 – 100,000 2 Over 100,000 3 2. Required loading spaces shall have the following minimum dimensions: 12- foot minimum width, 25-foot minimum length, and 14-foot minimum vertical clearance. 3. Locations: a. Required off-street loading spaces shall not be located within a building, but shall be on the site of the use served or on an adjoining site. b. Required off-street loading spaces shall be located to the sides and/or rear of the lot to maximize the street exposure of the primary structure. c. A loading area shall not be located in a required setback. In addition, street-side loading docks shall be set back at least 70 feet from the street property line or 110 feet from the street center line, whichever is greater. d. No loading bay may intrude into any portion of a required parking aisle or access dimension. e. Loading areas visible from a street shall be screened on three sides by a solid, decorative fence, wall, or hedge at least six feet in height. 4. Access: a. A required loading stall shall be accessible without parking a truck across a street property line unless the Administrator determines that provision of turnaround space is infeasible and approves alternate access. b. An occupied loading space shall not prevent access to a required off- street parking space. Town of Lillington, NC Unified Development Ordinance IV-11 F. Parking Alternatives The Administrator is authorized to approve an alternative parking plan for Agricultural Uses, Industrial Uses and Recreational Facilities that proposes alternatives to the standards in this section. G. Driveways 1. No portion of any residential or mixed-use driveway intersection with a Town public street shall be closer than twenty (20) feet to the corner of any intersection, measured along the right-of-way line. In commercial and industrial zones, this distance shall be thirty (30) feet. The width of any driveway intersection with the public street shall not exceed thirty (30) feet at its intersection with curb and street line. Driveway connections to NCDOT controlled streets must be requested from and approved by DOT. Driveways that have double lane ingress and egress (4-lanes) shall be a minimum 60 feet width at intersection with curb and street line. 2. All driveways shall be paved with either asphalt or concrete, or with alternative paving material (e.g., concrete pavers, brick, “turfstone” or similar material) determined to exhibit equivalent wear resistance and load bearing characteristics as asphalt or concrete. 3. No driveway shall conflict with any town facility such as traffic signal standards, catch basins, fire hydrants, crosswalks, loading zones, bus stops, utility poles, fire-alarm supports, meter boxes, and sewer clean-outs or other necessary structures, except with the express approval of the Administrator. Any adjustments to town facilities to avoid such conflicts shall be at the expense of the driveway applicant. 4. Location of Driveway Access Points a. Two driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds fifty (50) feet. b. Three driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds one hundred fifty (150) feet c. Four or more driveways entering the same street from a single lot shall be prohibited. d. In no case may the total width of all driveways exceed fifty (50) percent of the total property frontage. e. No driveway (nearest edge) shall be located within five (5) feet of a side lot property line except in the case of a shared driveway (single curb/access point) utilized by two or more lots. f. No driveway (nearest edge) shall be located within twenty-five (25) feet of an intersection on a secondary road and forty (40) feet on a primary Town of Lillington, NC Unified Development Ordinance IV-12 road except in the case where no other lot access to a public street or Town-approved private road is available. Section 4.06 SIGNS 4.06.1 PURPOSE AND INTENT The sign regulations of this Article are adopted under the zoning authority of the Town in furtherance of the general purposes set forth in the Unified Development Ordinance. The purpose of this Article is as follows: • To encourage the effective use of signs as a means of communications in the Town and its extraterritorial jurisdiction; • To maintain and enhance the aesthetic environment and the Town’s ability to attract sources of economic development and growth; • To improve pedestrian and traffic safety; • To minimize the possible adverse effect of signs on nearby public and private property; and • To enable the fair and consistent enforcement of these sign regulations. 4.06.2 APPLICABILITY All signs within the Town’s jurisdiction shall be covered by these regulations and be erected, constructed or maintained in accordance with the provisions of this section. 4.06.3 PERMITS REQUIRED A. Except as provided otherwise in this Section, it shall be unlawful for any person to erect, construct, enlarge, move or replace any sign without first obtaining a permit, in accordance with this ordinance, from the Administrator to ensure compliance with the provisions of this ordinance. B. Additional permits may be necessary pursuant to the regulations in the State Building Code or other sections of this ordinance. 4.06.4 ALTERATION OF SIGN FACE Cleaning, electrical repair, resurfacing and other maintenance of a sign shall not require a permit. The changing of tenant name panels on multiple-tenant development signage and the change of copy on other signs specifically designed for changeable copy shall not require a permit. 4.06.5 COMPUTATION OF SIGN AREA A. The area of a sign face shall be deemed to be the entire area within the smallest polygon that will encompass the extreme limits of the writing, representation, emblem or other display on the sign that can be reasonably calculated. Town of Lillington, NC Unified Development Ordinance IV-13 B. The area shall also include any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. C. Frames or structural members not bearing informational or representational matter shall not be included in computation of the area of a sign face. Computations of sign area shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle greater than 60 degrees, the surface of both sides shall be included in the computation of area. 4.06.6 COMPUTATION OF HEIGHT A. Attached signs. The sign height for attached signs shall be computed as the distance from the finished grade at the base of the building to which the sign is attached to the top of the highest component of the sign. B. Ground (freestanding) signs. As illustrated below, the sign height for ground signs shall be computed as the lesser of: 1. The distance from the base of the sign at the finished grade to the top of the highest component of the sign; or 2. The distance from the nearest adjacent street grade to which the sign is oriented, and on which the lot has frontage, to the top of the highest component of the sign. 4.06.7 LOCATION AND ENCROACHMENT A. Permitted signs shall be located outside of the street right-of-way, behind sidewalk areas and outside of required site triangles. B. All attached signs shall be mounted and attached to buildings in a secure manner, shall not include wire or turnbuckle guy and shall be maintained in good repair for safety and appearance. C. No non-governmental sign shall be attached to or painted on power poles, light poles, telephone poles, traffic signs or other objects not intended to support a sign. 4.06.8 MATERIALS AND STRUCTURAL REQUIREMENTS Town of Lillington, NC Unified Development Ordinance IV-14 A. All attached signs and sign support frames shall be mounted and attached to building or ground in a secure manner, shall not include wire or turnbuckle guy and shall be maintained in good repair for safety and appearance. B. All permanently installed signs shall be able to resist normal loads from positive and negative wind pressure, snow and other conditions as required by the current edition of the North Carolina version of the International Building Code. C. The Administrator reserves the right to require sign load calculations and attachment design from a state licensed structural engineer, and to require same engineer to certify the sign installation in writing. 4.06.9 NONCONFORMING SIGNS See Section 8.07. 4.06.10 SIGNAGE TYPES Signage types illustrated below are approved for usage in the Town: Wall Signs Awning/Canopy/Window/Door Signs Projecting/Suspended Signs Monument Signs Town of Lillington, NC Unified Development Ordinance IV-15 Column Signs 4.06.11 ATTACHED SIGNAGE STANDARDS Sign Type Zoning District Square Footage Height Total Number Wall Signs CB, GB, NB, NMX, O/S, LI, HI 10% of the gross square footage on any one side of the building. No sign shall extend above the roofline. 4 signs per building wall. Awning / Canopy / Window / Door Signs CB, GB, NB, NMX 25% of the gross glass area on any one side of the building (windows/doors), 50% of area for awnings/canopies) No sign shall extend above the roofline. N/A Projecting / Suspended Signs CB, GB, NB, NMX 6 square feet Shall be at least 7 feet from the ground measured from the bottom of the sign One per tenant Notes: Wall signs shall have a max. protrusion of 12 inches, may only be placed on walls facing a public right-of-way. No illumination for awning/canopy/window/door signs or projecting/suspended signs is permitted. 4.06.12 RESIDENTIAL GROUND SIGNAGE STANDARDS Zoning District Square Footage Height Total Number RR, RS-20, RS-15, RS-10, RMF, RMX 20 square feet 6 feet 1 per entrance Notes: Town of Lillington, NC Unified Development Ordinance IV-16 1) Signs are permitted on decorative or retaining walls at entrances to residential developments without limitations to the size of the wall. 2) 5- foot minimum setback from all property lines is required for all ground signs. 4.06.13 NONRESIDENTIAL GROUND SIGNAGE STANDARDS Zoning District *Square Footage *Height Sign Base Total Number of Signs CB 20 square feet 6 feet Monument 1 sign per site O/S 20 square feet 6 feet Monument 1 sign per site NB 20 square feet 12 feet Monument or column 1 sign per street frontage GB, LI, HI 40 square feet 12 feet Monument or column 1 sign per street frontage Notes: 1) Column signs may be single or double mounted and must have a diameter greater than 24 inches. 2) Monument signs must have a base that is at least 75% of the width of the total sign. 3) Monument signs must have a base material of brick, stone or like imitation material. 4) 5-foot min. setback from all property lines is require for all ground signs. *Square footage & height may exceed minimum square footage and height if located in the Highway Overlay District. See Section 4.05.15 for ground sign standards located within the Highway Overlay District. 4.06.14 PERMITTED SIGNAGE ILLUMINATION BY DISTRICT Zoning District External Illumination Internal Illumination RR, RS-15, RS-10, RS-20, RMX, RMF Permitted Not Permitted. O/S, NMX, CB, NC, GB, LI, HI Permitted Permitted Notes: 1) Prohibited lighting: no flashing or intermittent illumination shall be permitted on any adverting sign or structure. 2) Shielding required: any indirect lighting or spot lighting shall require complete shielding of all light sources so as to illuminate only the face of the sign and prevent off-site glare. 3) White light only is permitted. 4) See Section 4.05.15 for illumination standards located within the Highway Overlay District. 4.06.15 STANDARDS FOR SIGNAGE IN THE HIGHWAY OVERLAY DISTRICT A. Signs located within the Highway Overlay District shall meet the following criteria: Development Type Maximum Sign Area Maximum Height • Single-family residential developments • Multi-family developments • All other developments with less than 200 feet of road frontage 40 sq ft 12 feet • All developments with 200 feet or more of road frontage 72 sq ft 20 feet B. The following regulations shall be met in addition to the guidelines in the chart above: 1. All ground signs shall be placed immediately adjacent to the right-of-way boundary, as long as they do not encroach on sight lines. 2. All monument signs shall be double-sided and internally lit. 3. All ground signs shall be free-standing monuments style. Town of Lillington, NC Unified Development Ordinance IV-17 4.06.16. OTHER SIGNAGE REQUIRING PERMITS A. Construction project signs: 1. Permitted districts: all districts. 2. Surface area: 32 square feet maximum. 3. Time limit: these signs are intended to be temporary and must be removed after completion of construction. B. Sales office signs: 1. Permitted districts: all Residential Districts, only on model home lots used as sales offices for single-family residential subdivisions. 2. Surface area: 32 square feet maximum. 3. Time limit: these signs are intended to be temporary and must be removed after 50% of the lots in the current phase of the development are sold. C. Electronic message boards: 1. Permitted districts: RMX, NMX. O/S, NB, GB, LI & HI. 2. Surface area: electronic message boards may be incorporated into a permitted wall or ground sign only, and shall not comprise more than 50% of the primary sign area. 3. Message variation: the electronic message shall not change in increments of less than seven (7) seconds and shall not scroll. New messages shall be timed to fade in and out slowly. D. Drive-thru menu boards: 1. Permitted districts: GB, NB, CB. 2. Location/placement: menu boards shall be allowed only as an accessory use to a restaurant having a drive-through window. 3. Surface area: 35 square feet maximum. 4. Height: six feet maximum. 4.06.17. GROUND SIGNAGE STANDARDS FOR SITES WITH MULTIPLE BUILDINGS All ground signage for developments with multiple buildings are subject to these provisions: A. Ground signs may be a maximum of 12 feet in height and 100 square feet in sign area. B. Planned developments may have one ground sign per road frontage. C. Outparcels for planned developments may have one ground sign that is a maximum of four feet in height and 35 square feet in sign area. 4.06.18 SIGNS EXEMPT FROM PERMIT REQUIREMENTS A. Governmental signs. Signs posted by various local, state and federal agencies in the performance of their duties such as regulatory signs, welcome signs, government regulatory and direction information and traffic signs. Signs installed under governmental authority which note the donation of buildings, structures or streetscape materials (such as, but not limited to benches, park facilities and the like). Town of Lillington, NC Unified Development Ordinance IV-18 B. Flags and the like. Flags or insignia of any nation, organization of nations, state, county or municipality provided the height of any pole shall not exceed the maximum building height for the district. Refer also to the United States Flag Code for usage of the United States flag. C. Temporary holiday decorations. Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday/celebration. D. Building marker signs. A sign cut or etched into masonry, bronze or similar material on a building which denotes only the building name, date of erection or street number. E. Legal and warning signs. Signs erected to warn of danger or hazardous conditions such as signs erected by public utility companies or construction companies. 1. Signs required for or specifically authorized for a public purpose by any law, statute or ordinance. 2. Signs that display information pertinent to the safety or legal responsibilities of the general public with regard to a particular piece of property shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign. F. Occupant/street number signs. Signs not exceeding two square feet and not illuminated, bearing property numbers, post office box numbers, names of occupants or other identification of premises not having commercial connotations. 1. All such signs must be placed in such a manner as to be visible from the street. 2. Unit identification numbers shall be located on the front wall within 18 inches of the entrance, or if not feasible architecturally, prominently displayed on the building. Unit numbers for residential dwellings only may, in lieu of being located on the front wall, be located on the mail boxes or similar-sized surface attached thereto. Multi-family and other residential facilities which are comprised of courts or units not fronting a public street must be located on identification signs containing the name of the court, street or way and the unit numbers on each private entrance. G. Vending machine/automatic teller and gasoline pump signs. Signs attached to and made an integral part of a vending machine, automatic teller machine or gasoline pump if advertising or giving information about the products or services dispensed or vended by that machine. H. Directional signs on private property. Directional signs must be located on the premises to which directions are indicated. 1. Such signs may not exceed three feet in height if freestanding. 2. Directional signs may not exceed four square feet per face. Town of Lillington, NC Unified Development Ordinance IV-19 3. Such signs may contain no copy (such as, company name or logo) other than directional information. 4. Illumination of such signs shall be as permitted for on-premises signs in the land development district where the sign is located. 5. No more than two signs per entrance or exit shall be permitted. I. Gas pump island signs. Portable signs associated with gasoline stations, specifically those denoting gasoline prices, gas types and other petroleum related signage. Such signs must be located at the pump island. J. Incidental signs. Signs containing information necessary or convenient for persons coming onto a premises shall be located on the premises to which the information pertains. 1. No advertising may be affixed to such a sign. 2. Such signs must be single-faced only and wholly attached to a building (may be located on windows or doors). K. Real estate signs. Only one sign is allowed per street frontage. 1. Such signs may not be illuminated. 2. Such signs may be no greater than four square feet in area (all types of signs) and four feet in height (if freestanding) when located on a residential property less than two acres. 3. Such signs may be no greater than 16 square feet in area (all types of signs) and eight feet in height (if freestanding) for non-residential properties or residential properties exceeding two acres. 4. Real estate signs shall be removed within one day after the closing of the sale, rental or lease of the property. L. Political signs. Political signs shall not be located on any trees, utility poles, publicly-owned property or within a public street right-of-way, except within NCDOT right-of-way according to the standards of NCGS 136-32. M. Temporary signs; special event signs. Signs may be erected for promoting special events as follows: 1. Signs for public events may be displayed for a period of 30 days and may be allowed on-or off-premises. Such signs shall be removed within seven days of the end of the special event. 2. Such signs shall not be illuminated. 3. Such signs are limited to 32 square feet in area per display surface and four feet in height. N. Yard sale signs. Such signs may be located on-premises only and may not be located within a public right-of-way nor placed on a tree, street sign or utility pole. 1. Such signs may not be illuminated. 2. Yard sale signs are limited to four square feet in area and four feet in height. 3. One yard sale sign is allowed per street frontage. 4. Such signs must be removed within seven days of erection. Town of Lillington, NC Unified Development Ordinance IV-20 O. Grand Opening Signs. Temporary or portable grand opening signs may be permitted in the NB, CB, GB and O/S Districts for a period of not over 30 days per calendar year to any person(s) or corporation that has opened a new business. Grand Opening Signs include pennants, ribbons, streamers, balloons and/or spinners. P. One “open” sign per tenant. 1. May have a neon light source. 2. Permitted districts: CB, NB & GB. 3. Not exceeding 15 watts and two square feet. Q. Fence Wrapping. Fence wraps displaying signage when affixed to perimeter fencing on construction sites, as described by NCGS 160A-381(j), shall be exempt from the requirements of this ordinance and allowed to remain until: 1. A final Certificate of Occupancy is issued, or 2. 24 months has elapsed from when the signage was installed, whichever is shorter. 4.06.19 PROHIBITED SIGNS A. Off-premises signs. All off-premises signs unless specifically allowed elsewhere in this ordinance are prohibited. B. Animated/flashing signs or signs of illusion. Except for otherwise approved time and temperature signs, signs displaying blinking, flashing or intermittent lights, animation, and moving parts or signs giving the illusion of movement are prohibited. Time and temperature signs that rotate or move are not permitted. C. Signs resembling official signs. Any sign that imitates an official governmental sign, or violates the law of the state relating to outdoor advertising, is prohibited. D. Signs resembling traffic signals. Any sign which by color, location or nature may be confused with official highway signs, warning signs, traffic signals or other regulatory devices are prohibited. 1. Any sign that uses the word “stop”, “slow”, “caution”, “danger”, or any other word which is likely to be confused with traffic directional and regulatory signs is prohibited. 2. Any sign located in a manner or place which might constitute a traffic hazard is prohibited. E. Signs on roadside appurtenances. Signs attached to or painted on utility poles, telephone poles, trees, parking meters, bridges and overpasses, rocks, other signs, benches and refuse containers, and the like are prohibited unless specifically allowed elsewhere in this ordinance. F. Abandoned signs or sign structures. Signs that advertise an activity or business no longer conducted on the property on which the sign is located are prohibited. Conforming signs designed for changeable copy may be covered instead of removed. Town of Lillington, NC Unified Development Ordinance IV-21 1. Sign structures on which no sign is erected are prohibited. 2. Such signs or sign structures must be removed within 30 days of becoming an abandoned sign or sign structure. G. Signs obstructing access. Any sign that obstructs free ingress or egress from a driveway or a required window, door, fire escape, stairway, ladder or other required opening is prohibited. H. Signs with exposed electrical wiring. All wiring shall be contained in conduit or enclosed in poles or raceways. In no case shall the wiring be exposed to the public. I. Signs on public property. Any sign installed or placed on public property or within a public right-of-way, including any sign held by or otherwise displayed upon a person. Such sign shall be forfeited to the public and is subject to confiscation and disposal. In addition to other remedies hereunder, the Administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 4.06.20 MAINTENANCE OF SIGNS Signs shall be kept in proper repair. The following maintenance requirements must be observed for all signs visible from any public street or highway within the jurisdiction of the town. A. Surface appearance. No sign shall have more than 20% of its surface area covered with disfigured, cracked, ripped or peeling paint or poster paper for a period of more than 30 successive days. B. Broken displays. No sign shall remain with a bent or broken display area, broken supports, loose appendages or struts or stand more than 15 degrees from the perpendicular for a period of more than 30 successive days. C. Illuminated signs. No indirect or internally illuminated sign shall have only partial illumination for a period of more than 30 successive days. 4.06.21 INSPECTION AND ENFORCEMENT All signs for which a permit is required shall be subject to inspection by the town. A representative of the town shall be authorized to enter at all reasonable times upon any property or premises to ascertain whether the provisions of the code are being obeyed. The town may order the removal of any sign that is not in accordance with the provisions of the code. 4.06.22 SUBSTANDARD SIGNS A. The owners of any sign judged substandard by the Administrator shall be notified in writing and the said owner shall have 30 days in which to make repairs. If the said order is not complied with within 30 days, the Administrator shall remove such sign at the expense of the owner or lessee thereof plus all legal and administrative fees. B. Any sign installed or placed on public property or within a public right-of-way shall be forfeited to the public and is subject to confiscation and disposal. In Town of Lillington, NC Unified Development Ordinance IV-22 addition to other remedies hereunder, the Administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 4.06.23 SIGNS PERMITTED IN ALLOWANCE, REMOVAL, RELOCATION, RECONSTRUCTION OF NONCONFORMING OFF-PREMISE ADVERTISING SIGNS A. New signs limited. No new outdoor advertising signs shall be permitted in the town except for outdoor advertising signs that are removed, relocated, or reconstructed pursuant to the requirements of this section. B. Qualified signs. A sign with an existing valid permit from the State Department of Transportation and the town. A sign may also qualify if erected prior to applicable zoning regulations. C. Removal/replacement/reconstruction. Any relocated and/or reconstructed qualified sign shall comply with the following standards: 1. The total number of relocated and/or reconstructed signs shall not exceed the number of qualified sign structures and sign faces that are registered as qualified signs. 2. No outdoor advertising sign shall exhibit a face panel size greater than 300 square feet per side or the size of the face panel being relocated and/or reconstructed, whichever is smaller. 3. A relocated and/or reconstructed qualified sign shall be set back no less than ten feet from the edge of the right-of-way. 4. A relocated and/or reconstructed qualified sign shall not exceed 40 feet in height or the existing height, whichever is shorter. 5. A relocated and/or reconstructed qualified sign shall be a column sign. Replaced signs shall not be attached to any building. A relocated and/or reconstructed sign is limited to only have one face per side. 6. Light emitted from any reconstructed qualified sign shall be confined to the sign area and in no case shall light emitted from a billboard be allowed to shine directly onto or into a residentially zoned or used property. Section 4.07 Lighting The provisions contained in this section shall be known and may be cited as the Lillington Lighting Code. 4.07.1 PURPOSE The standards set forth in this section are designed to focus on the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood. It is the intent of this section to: A. Minimize light pollution, such as glare and light trespass. B. Conserve energy and resources. C. Maintain night-time safety and utility. D. Improve the night-time visual environment. 4.07.2 APPLICABILITY Town of Lillington, NC Unified Development Ordinance IV-23 All applications for site plan review, special use, subdivision and/or building permits shall include lighting plans showing location, type, height and lumen output of all proposed and existing fixtures. The applicant shall provide enough information to verify that lighting conforms to the provisions of this lighting code. The Administrator shall have the authority to request additional information in order to achieve the purposes of this Lighting Code. 4.07.3 PROHIBITIONS AND EXEMPTIONS A. Prohibitions. The following lighting types shall be prohibited: 1. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited. 2. The operation of searchlights for advertising purposes is prohibited. 3. Site lighting that may be confused with warning, emergency, or traffic signals is prohibited. 4. lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 5. Awnings and canopies used for building accents over doors, windows, and etc. shall not be internally lit (i.e. from underneath or behind) so as to visually turn a translucent material into an internally illuminated material. Lighting may be installed under canopies that light the sidewalk, or downlights onto the architectural features of a building. B. Exemptions. The following exemptions shall be granted from the requirements of this section: 1. Luminaires used for public-roadway illumination may be installed at a maximum height of 37 feet and may be positioned at that height up to the edge of any bordering property. 2. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this ordinance. 3. All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this Article, except that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task. 4. Individual residential lighting that is not part of a site plan or subdivision plan for street or other common or public area outdoor lighting. 5. Lighting associated with holiday, festival or other temporary uses permitted in this ordinance. 6. Lighting of public art that has been permitted or otherwise approved by the town. 7. Other Municipal or State lighting installed for the benefit of public health, safety, and welfare. 8. All fixtures installed or temporarily used by public agencies, their agents, or contractors for the purpose of illuminating public streets. Town of Lillington, NC Unified Development Ordinance IV-24 9. Lighting of US and North Carolina State Flags provided the flag standard does not exceed the maximum permitted building height for that district. 4.07.4 GENERAL DESIGN STANDARDS A. Background spaces such as parking lots and driveways shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. B. Foreground spaces, such as building entrances and plaza seating areas, shall utilize lighting that defines, highlights, or enhances the space without glare. C. The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. D. Light poles and fixtures shall be of a matte or low-gloss grey, black, dark earthen, or bronze finish, unless permission is granted by the Administrator for a special color scheme or theme. E. Light sources must be compatible with the light produced by surrounding uses and must produce an unobtrusive degree of brightness in both illumination levels and color temperature. F. Natural areas and natural features shall be protected from light spillage from off-site sources. G. All exterior lighting, on or off a building, shall be either amber or white in color with the exception of low-light output (800 lumens or lower) landscaping or other decorative lighting, signage lighting, or customer entrance or service area lights aiming down and installed under a canopy or similar roof structure. 4.07.5 DISTRICT LIGHTING STANDARDS IN FOOTCANDLES A. Maximum lighting levels shall adhere to the standards in the chart below. All numerical values in the chart below represent measurements in footcandles. RR, RS-15, RS- 20, RS-10 RMF, RMX NMX, O/S, CB, NB GB, LI, HI Light Trespass Off Property 0.1 0.3 0.8 1 Display/Canopy Area 8 12 20 20 Parking Areas 4 4 6 6 All other on-site Lighting 4 6 10 10 1. The values in the preceding chart for “All Other On-Site Lighting” and “Display/Canopy Areas” shall represent the maximum point of illuminance measured at grade in footcandles. a. Exception: Outdoor display lots for vehicle sales and leasing may exceed 20 foot-candles if outdoor white lighting is cut off, leaving only security lighting that is amber in color (a temperature rating equal to or less than 2,700 Kelvin), after closing or 11:00 p.m., whichever comes earlier. 2. The values of the preceding chart for the “Light Trespass Off Property” shall represent the maximum point of illuminance as measure at the property line in footcandles. Town of Lillington, NC Unified Development Ordinance IV-25 a. Exception: In the case of buildings closer than 10 feet to the property line using only wall packs, light trespass may be greater than one foot- candle as long as the wall packs are fully shielded to direct the light downward, have a light output of 1,600 lumens or lower, and the light source (lamp) is not visible from off-site. 3. The values of the preceding chart for “Parking Areas” shall represent the average point of horizontal illuminance measured in footcandles, provided that in all districts the maximum uniformity ratio shall be 4:1 minimum to average. 4.07.6 CONTROL OF GLARE A. Pole light fixtures shall have a flat lens oriented horizontally or have shields installed on each side of the fixture to hide the lens. B. Any luminaire shall be a full-cutoff type fixture. C. Any luminaire shall be mounted at a height equal to or less than 30 feet above finished grade. D. The maximum mounting height of all outdoor lighting with a 90 or less degree cutoff fixture shall be 30 feet. The maximum mounting height of all outdoor lighting without a full 90 degree or less cut-off fixture shall be 16 feet. Poles may be mounted on a concrete pier of no more than 3 feet in height. E. Poles shall be matte or low-gloss finish to minimize glare from the light source. F. Other than floodlights, flood lamps, and spotlights all outdoor lighting fixtures of more than 2,000 lumens shall be full-cutoff type fixtures. Any fixture that is not full-cut off shall be a directional fixture (such as flood lights) and may be used provided they shall be aimed and fully shielded to prevent light spillage. G. Exceptions. 1. Non-cutoff decorative post-mounted fixtures equipped with a solid top and mounted 18 feet or less above ground and other non-cutoff dusk to dawn utility type fixtures mounted 25 feet or less may be used. The maximum initial lumens generated by each fixture shall not exceed 9500 initial lamp lumens. 2. All metal halide, mercury vapor, fluorescent, and other white-colored light source lamps used in non-cutoff fixtures (excluding flood lights) shall be coated with an internal white frosting inside the outer lamp envelope. 4.07.7 SECURITY LIGHTING A. Unshielded flood lights and spotlights, installed for security and activated by motion sensor, are permitted. These unshielded lights must be mounted and aimed in a manner that minimizes up-lighting and light trespass. B. All floodlights shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical. All flood or spot lamps emitting 1,000 or more lumens shall be aimed at least 60 degrees down from vertical or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way. Town of Lillington, NC Unified Development Ordinance IV-26 C. Flood lights and display lights shall be positioned such that any such fixture located within 50 feet of a public street right-of-way is mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way. 4.07.8 LANDSCAPE LIGHTING Landscape and decorative lighting using incandescent lighting with a light output of 800 lumens or less is permitted, provided that the light is installed and aimed to prevent lighting build up and light trespass and shielded to prevent view from the public right of way. 4.07.9 OUTDOOR RECREATIONAL LIGHTING Because of their unique requirements for nighttime visibility and their limited hours of operation, ball fields, basketball courts, tennis courts, outdoor performance areas and similar recreational uses are exempt from the exterior lighting standards provided above. However, these uses shall adhere to the requirements below. A. Outdoor recreational lighting shall not exceed a maximum permitted post height of 80 feet. The Administrator may set a shorter maximum pole height if the specific recreational use does not require the taller pole. B. Lights shall be shielded and positioned so as not to shine onto adjacent roadways or properties. C. All fixtures shall be fully shielded or be designed or provided with Manufacturer’s Glare Control Package, so as to minimize up-light, spill-light, and glare. D. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted. The maximum permitted illumination at the property or right-of-way line shall not exceed 2 foot-candles and all lights, except for any amber color (a temperature rating equal to or less than 2,700 Kelvin) security lights, shall be cut off after use. 4.07.10 STREET LIGHTING A. Street lighting shall be placed on all streets to allow for the safe use of streets by both cars and pedestrians. All street lighting shall be placed in accordance with the standards of the Lillington Public Works Department or the standards in the most recent edition of the Illumination Engineering Society of North America, “Lighting Handbook.” B. Pedestrian scaled lighting (no taller than 18 feet) shall be required in the NMX, CB, O/S, and NB districts using decorative fixtures of a similar character to those existing in these districts (see images at left). Town of Lillington, NC Unified Development Ordinance IV-27 C. Pedestrian-scaled lighting (no taller than 18 feet) shall be prioritized over automobile lighting in all districts. Lighting shall be placed in a manner to limit the casting of shadows on sidewalks. D. All street lights shall utilize a cutoff fixture. Where buildings are close to the street (less than 15 feet from the right-of-way), full cutoff fixtures are required to limit glare and light spillage on upper levels. E. Alleys are excluded from the spacing and lighting requirements of this section. 4.07.11 ADDITIONAL LIGHTING USE REGULATIONS FOR SPECIFIC AREAS A. Building Façade Lighting 1. Floodlights, spotlights, or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. 2. On-site lighting may be used to accent architectural elements but not used to illuminate entire building(s). 3. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. 4. Building facade and accent lighting will not be approved unless the light fixtures are selected, located, aimed, and shielded so that light is directed only onto the intended target and spillover light is minimized. 5. Wall packs on buildings may be used at entrances to a building to light unsafe areas, but must be fully shielded to direct the light downward, must have a light output of 1,600 lumens or lower, and the light source shall not be visible from off-site. B. Outdoor Display Areas. The mounting height of outdoor display area fixtures shall not exceed 30 feet above finished grade. C. Lighting for Vehicular Canopies. Lighting under vehicular canopies shall be designed so as not to create glare off-site. Acceptable methods include one or more of the following: 1. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the vehicular canopy. 2. Surface mounted fixture incorporating a flat lens that provides a cutoff or shielded light distribution. 3. Other methods approved by the Administrator. 4.07.12 COMPLIANCE A. Lighting plans required as part of a site construction plan shall include, at a minimum, the following information: 1. Point-by-point footcandle arrays in a printout format indicating the location and aiming of illuminating devices. The printout shall indicate compliance with the maximum maintained footcandles required by this ordinance. 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices (including but not limited to Town of Lillington, NC Unified Development Ordinance IV-28 manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indicating fixture classification [cutoff fixture, wall pack, flood light, etc.]). 3. After installation of on-site lighting, a certification of compliance statement must be submitted to the Administrator prior to the issuance of a Certificate of Occupancy. B. Subsequent phases of an entire development shall have a uniform design plan for lighting and fixtures. New phases must meet all requirements in effect at the time of obtaining a permit, but lighting plans must consider preexisting lighting in earlier phases, both in design and intensity of light. Section 4.08 OPEN SPACE STANDARDS This section shall be referred to as the Lillington Open Space Standards or open space standards. 4.08.1 USABLE OPEN SPACE (PARK SPACE) REQUIRED A. Except as provided in paragraph (F) of this section, every single-family residential (attached & detached) development shall be developed so that at least three (3) percent of the total area of the development remains permanently as usable open space. Multi-family developments shall provide a minimum of five (5) percent usable open space. See Section 4.09.06 – Multi- Family Development Standards for additional opens space and amenity requirements for Multi-family developments. B. For purposes of this section, usable open space means an area that: 1. Is not encumbered with any substantial structure; 2. Is not devoted to use as a roadway, parking area, or sidewalk, provided, however that multi-use trails may be counted towards required open space; 3. Reflects the character of the land as of the date development began. Wooded areas shall be left in their natural or undisturbed state except for the cutting of trails for walking, bicycling or jogging. Areas not wooded shall be landscaped for open play fields, picnic areas or similar facilities, or be properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives of this section; 4. Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; 5. Is part of an independent Lot shown on the plan as being reserved for open space; and 6. Is legally and practicably accessible to the residents of the development from which the required open space subdivided or to the public if the open space is dedicated to the Town. Town of Lillington, NC Unified Development Ordinance IV-29 C. Usable Open Space shall include: Greenway/Park: A natural preserve available for unstructured recreation. Its landscape shall consist of paths and trails, meadows, waterbodies, woodland and open shelters, all naturalistically disposed. Parks may be linear, following the trajectories of natural corridors (greenways). The size shall be .5 – 5 acres (except greenways where there is no minimum). Green: An open space available for unstructured recreation. A Green may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. For the purposes of this section, standalone dog parks shall be considered a variation of the Green park type. The minimum size shall be .5 acres. Squares: An open space available for unstructured recreation and civic purposes. A Square is spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at intersections. The minimum size shall be .25 acre and the maximum shall be 2 acres. Playgrounds: An open space designed and equipped for the recreation of children. Playgrounds shall be interspersed within residential areas and may be placed within a block. There shall be no minimum or maximum size. Town of Lillington, NC Unified Development Ordinance IV-30 Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Community gardens should accommodate individual storage sheds. Town of Lillington, NC Unified Development Ordinance IV-31 D. Location & Visibility. 1. Land for usable open space (park space) shall be centrally and internally located as to serve the needs of the residents of the neighborhood. 2. Usable open space (park space) shall serve as focal points for developments. 3. All usable open space (park space) shall be conveniently accessible to all residents of the development and shall have at least 20 feet of frontage on at least one public street within the development. 4. No residential unit within a development shall be further than ¼ mile, as measured along a street or pedestrian path, from usable space (park space) or other publicly accessible park facility. 5. All usable open space (park space) shall be visible from dwelling units that are adjacent to the park area. This includes dwelling units on properties that share a property boundary with the park space or front the park space from directly across a street. E. Minimum Amenities within Usable Open Space. 1. Required usable open space (park space) shall be planned, improved, and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and shall contain two (2) or more of the following amenities: landscaping, walls or pathways, fences, walks, lighting and electricity, fountains, ball fields, and/or playground equipment. 2. Public Seating: Provide seating areas appropriate to the intended use of the park space (e.g., park benches and durable theft/vandalism-resistant chairs and garden wall seats). 3. Trash Receptacle: At least one (1) garbage receptacle shall be required for each park space. 4. Bicycle Parking: At least two (2) bicycle parking spaces shall be required for every one-quarter acre of park space and every ½ mile of greenway. 5. Minimum Amenities - Playground per 4.08.1.C: Playground equipment shall be equivalent to the standards established by the Consumer Products Safety Commission and ASTM for playgrounds. 6. Minimum Amenities - Greenway per 4.08.1.C: A greenway path is credited toward the minimum park space dedication requirement at a rate equal to the length of the path times 20 feet in width. The minimum width of the paved path shall be 10 feet. F. Credit for Proximity to Existing Park Space. Developments that are proximate to an existing town-owned, publicly-accessible park space may count all such lands in their park space dedication requirement up to 25% of the required total, subject to the provisions below. 1. The existing park or parks must be within ½ mile of the development, as measured along a road or pedestrian path, to be considered proximate. Town of Lillington, NC Unified Development Ordinance IV-32 2. Adequate pedestrian access from the development to the existing park space must be provided as determined by the Administrator. G. Credit for Neighborhood Amenities. Developments that provide neighborhood amenity facilities will receive a credit of 25% of the required total, subject to the provisions below. 1. The facilities are open to all residents of the neighborhood and are not subject to a private membership separate from any related POA dues. 2. Such facilities shall, at a minimum, include a clubhouse a minimum of 800 square feet and either tennis courts (minimum of 2 courts) or a pool (a minimum of 2,000 square feet in water surface area). H. The following areas shall not count toward common open space set-aside requirements: 1. Private Lots, yards, balconies and patios dedicated for use by a specific dwelling unit; 2. Electric or gas transmission line rights-of-way; 3. Public right-of-way or private streets and drives; 4. Open parking areas and driveways for dwellings; 5. Land covered by structures except for ancillary structures associated with the use of the open space such as gazebos and picnic shelters; 6. Designated outdoor storage areas; 7. Land areas between buildings of less than forty (40) feet; 8. Land areas between buildings and parking lots or driveways of less than forty (40) feet in width; 9. Required setbacks; and 10. Detention/retention facilities except as permitted by the Administrator. I. Subdivided residential developments of less than twenty-five (25) dwelling units are exempt from the requirements of this section unless the Town agrees that it will accept an offer of dedication of such open space and in that case the offer of dedication shall be made. 4.08.2 OWNERSHIP AND MAINTENANCE OF RECREATIONAL AREAS AND REQUIRED OPEN SPACE: A. Open space required to be provided by the applicant in accordance with these open space standards shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a property owner’s association or similar organization that satisfies the criteria established in Article 5 – Subdivisions & Infrastructure. Open space shall be designated as an independent lot on the plat and shall be noted as being reserved for their intended purposes. B. The person or entity identified in paragraph (A) as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same. Town of Lillington, NC Unified Development Ordinance IV-33 C. Open space may be dedicated to a registered land trust, if approved by the Board of Commissioners. 4.08.3 DEDICATION OF OPEN SPACE A. If any portion of any lot proposed for development lies within an area designated on the officially adopted Comprehensive Parks Master Plan as a public park or part of the public greenway system, the area so designated (not exceeding three percent of the total lot area) shall be included as part of the area set aside to satisfy the requirement of this section. This area shall be dedicated to public use. B. If more than three percent of a lot proposed for development lies within an area designated as provided in paragraph (A), the Town may attempt to acquire the additional land in the following manner: 1. The applicant may voluntarily dedicate the additional land to the Town; 2. The applicant may be encouraged to develop an integrated subdivision, cluster subdivision or some other applicable development pattern and to dedicate the common open space created thereby; or 3. The Town may purchase or condemn the land. 4.07.4 FLEXIBILITY IN ADMINISTRATION AUTHORIZED A. The requirements set forth in this article concerning the amount, size, location and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Board of Commissioners as standards that presumptively will result in the provision of that amount of recreational facilities an open space that is consistent with officially adopted Town Plans. The Board of Commissioners recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit issuing authority is authorized to permit minor deviations from these standards whenever it determines that: 1. The objectives underlying these standards can be met without strict adherence to them; and 2. Because of peculiarities in the applicant's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards. B. Whenever the Permit Issuing Authority approves a deviation from these open space standards pursuant to paragraph (A), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 4.07.5 OPEN SPACE LINKAGES Where a trail, natural area or public park is dedicated to or acquired by the Town, such area may be credited toward the minimum amount of common open space required. Town of Lillington, NC Unified Development Ordinance IV-34 4.07.6 NATURAL OPEN SPACE REQUIRED A. Every single-family residential development shall be developed so that at least 5 percent of the total area of the development remains as natural open space. B. Every multi-family development shall be developed so that a minimum of ten (10) percent of the total site remains as natural open space. See Section 4.09.06 – Multi-Family Development Standards for additional opens space requirements for Multi-family developments. C. See Section 5.13.3 for regulations related to Cluster Subdivisions and Developments. 4.07.7 NATURAL OPEN SPACE DESIGN CRITERIA All required open space shall meet the following design criteria, as applicable: A. Water bodies, retention areas, detention basins and wetlands basins, may constitute up to forty (40) percent of required open space, provided that retention facilities are designed to provide safe access to water. Unless otherwise approved by the Board of Commissioners, side slopes to retention facilities shall provide at least six (6) feet of horizontal run for each foot of vertical rise. B. At least thirty (30) percent of required open space must be dry land with a slope of less than ten (10) percent unless otherwise approved the Board of Commissioners. C. Unless otherwise approved by the Board of Commissioners, open space shall be continuous, contiguous with open space on abutting properties and accessible to the public. 4.07.8 CONNECTIVITY REQUIRED To the maximum extent practicable, common open space shall be organized to create integrated systems of open space that connect with the following types of lands located within or adjacent to the development: A. Dedicated public park or greenway lands; B. Dedicated school sites; C. Other dedicated open spaces; D. Common open space located adjacent to the development; E. Portions of the regional trail and open space system; 4.07.9 OWNERSHIP & MAINTENANCE The designated common open space and common facilities are outlined in Section 5.16 of this ordinance. Section 4.09 LANDSCAPING AND BUFFERING This section shall be known as the Town of Lillington Landscaping Code or Landscaping Code. 4.08.1 FINDINGS AND PURPOSE The standards established in this ordinance are intended to preserve, protect, restore and enhance the aesthetic appeal and scenic beauty of this town; provide adequate buffering between land uses; reduce noise and air pollution; reduce Town of Lillington, NC Unified Development Ordinance IV-35 stormwater run-off; filter and reduce glare from artificial light sources; provide shaded areas along streets, sidewalks and in parking lots; provide a continuity of vegetation throughout the town; encourage the preservation of existing trees and vegetation; safeguard and enhance property values; and protect the public health, safety and general welfare. 4.08.2 APPLICABILITY The landscaping and buffering standards of this section shall apply to the following: A. All new developments (except for infill single-family detached) shall be designed in accordance with the requirements of this article. B. See Section 8.02.1 for all other non-conforming standards. 4.08.3 STREET TREES A. Street trees are an essential part of the town streetscape. The Town seeks to maintain existing trees where possible and to encourage the planting and continuance of the established street tree patterns. B. To accomplish this objective, the following shall apply: 1. All subdivisions and developments subject to site plan approval shall provide street trees along their frontage with adjacent public streets in conjunction with low growing vegetation as outlined in any specific streetyard requirements . 2. Street trees and other associated plantings shall be selected from the list of large trees, or, where power lines are located, small trees, low growing, and mid-story vegetation, included in Appendix A. 3. Planting strips shall be a minimum of six ten (106) feet wide unless otherwise specified. 4. Planting location shall take into consideration planned roadway widening, public safety, standard drainage requirements and maintenance of sight distances for traffic safety. Street trees may be planted within the right-of-way, within planting strip abutting the right- of-way or other location approved by the Permit Issuing Authority. C. Street trees, unless subject to overhead power lines, shall be planted at the rate of one (1) three-inch caliper tree per thirty (30) feet of property line abutting a public street, excluding driveways and traffic visibility zones. This rate may be varied based upon existing trees and the crowns of planted trees. D. Trees used to meet buffer and vehicle use area requirements, may be used to meet the street requirements to the extent that the trees are located within twenty-five (25) feet of a street. 4.08.4 BUFFER YARD REQUIREMENTS Buffers provide compatible transitions between differing land uses, reduce the Town of Lillington, NC Unified Development Ordinance IV-36 visual impacts of development and retain existing plant materials. A. Buffers are required along the common property lines between Developments and those areas that abut public rights-of-way, private ingress/egress easements, railway easements, in different zoning districts, or between developments of different uses as established in this sSection. B. Buffer requirements shall not apply when a public street or railroad right- of-way separates applicable zoning districts or uses. B. Buffer yard planting areas must provide a continuous mulched line. The balance of the buffer yard shall be sodded and maintained in good condition. C. The chart below establishes the minimum buffer widths for proposed development. Adjacent Zoning District District of Proposed Development RR, RS-20, RS-15, RS-10 RMX, RMF O/S, NB NMX, CB GB LI, HI RR, RS-20, RS-15, RS-10 None None B None A A RMX, RMF C None None None A A O/S, NB B C None None None None NMX, CB C C None None None None GB A A B C None None LI, HI A A A A B None A = Type A Buffer B = Type B Buffer C = Type C Buffer 4.08.5 BUFFER YARD COMPOSITION The required buffer yard types may be established using a combination yard widths, evergreen trees, canopy trees, understory trees, shrubs, fences, walls, and berms. The following tables illustrate the required elements for each buffer yard type. A. Type A Buffer: The intent of the Type A Buffer is to create a completely opaque buffer, having no horizontal openings from the ground to a height of 8 feet within 2 years of planting. Type A buffers can be achieved in 3 ways: Type A Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 40’ 4 Evergreen Trees 4 Canopy Trees 4 Understory Trees 48 Shrubs Not Required Option 2 30’ 2 Evergreen Trees 1 Canopy Trees 2 Understory Trees 12 Shrubs Berm Option 3 20’ 1 Evergreen Trees 1 Canopy Trees 3 Understory Trees Fence or Wall Formatted: Font color: Custom Color(RGB(35,31,32)) Town of Lillington, NC Unified Development Ordinance IV-37 12 Shrubs B. Type B Buffer: The intent of the Type B Buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 10% of the total width, from the ground to a height of 8 feet within 2 years of planting. A Type B Buffer can be achieved in 2 ways as specified below. Type B Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 20’ 2 Evergreen Trees 1 Canopy Trees 2 Understory Trees 12 Shrubs Not Required Option 2 10’ 1 Evergreen Trees 1 Canopy Trees 3 Understory Trees 24 Shrubs Berm C. Type C Buffer: The intent of the Type C Buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 25% of the total width, from the ground to a height of 6 feet within 2 years of planting. A Type C Buffer can be achieved in 2 ways as specified below. Type C Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 20’ 1 Canopy Trees 2 Understory Trees 8 Shrubs Not Required Option 2 10’ 2 Canopy Trees 2 Understory Trees 12 Shrubs Not Required 4.08.6 ADDITIONS TO BUFFERS AND SCREENING When it is determined that the conflict of land use is so great that the public safety is not served adequately by the minimum buffer and screening requirements, or where there is a need to prevent a high degree of visual, audio, or physical disorders, then the Administrator may require the installation of fencing or earthen berms in addition to the minimum required buffers and screening, according to the standards below. A. Fencing or Walls. Where required as part of a buffer yard, fencing or walls must adhere to the provisions below. Nothing in this section shall prohibit the owner of a single familysingle-family dwelling from constructing a separate fence along the borders of such property, provided that all required buffer plantings are maintained. 1. In all cases, the finished side of the fence must face the use with the lower intensity. 2. Permitted fence or wall materials include:include masonry, stone, architectural block, stucco on masonry, metal elements,wood or other similar of solid appearance. Town of Lillington, NC Unified Development Ordinance IV-38 3. The design of fencing or walls shall be sufficient to meet the extent of physical screening required by the Administrator. 3. Fencing that is required as a component of a buffer yard must contain elements that are architectural in nature. A detailed fencing plan must be submitted and approved in conjunction with all development projects. Masonry pillars, scalloping of fencing materials, and decorative design are example of such elements. 4. 4.5. The height of the fence shall be determined by the Administrator based on the following variables: site conditions; topography; use; and/or building height. The minimum height of a fence or wall required by this section shall be 6 feet. B. Berms. Earthen berms may be required in combination with plant material and fencing for the purposes of screening. Berms shall be tapered appropriately to allow for practical maintenance. 1. The slope of all berms shall not exceed a 2:1 ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of 6 feet above the toe of the berm. 2. All berms regardless of size, shall be stabilized. Topsoils brought in for mounds are to be mixed with native soil to avoid interfacing problems. 3. Berms shall be constructed as to provide adequate sight distances at intersections and along all roads. 4. Berms proposed to satisfy the screening requirements of this section shall be vegetated as required by this section. Use of berms as a substitute for existing healthy vegetation is strongly discouraged. 4.08.7 STREETYARD BUFFERING FOR DEVELOPMENT PROJECTS A. All subdivisions of property not qualified according to the criteria in Article 7 – Administration and Development Processes are required install a streetyard buffer. B. Buffers for subdivision projects subject to site plan approval are required to be designed and installed as a type A, option 2 buffer yard pursuant to the specific streetyard buffering criteria located in sections 4.08.5 and 5.10.7. C. All other development projects not qualified as a minor subdivision as described above will be required to design and install at minimum, a type C option 2 buffer yard pursuant to the specific streetyard buffering criteria located in sections 4.08.5 and 5.10.7. 4.08.87 VEHICULAR USE AREA SCREENING & LANDSCAPING A. All off-street parking, loading areas, and service areas adjacent to and/or visible from a public right-of-way and adjacent properties shall be screened from view by use of one or more of the following: • A building or buildings; Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Outline numbered + Level:3 + Numbering Style: 1, 2, 3, … + Start at: 7 +Alignment: Left + Aligned at: 0.44" + Indent at: 0.99" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Numbered + Level: 3 + Numbering Style:A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.29" Formatted: Font: (Default) Arial, 11 pt Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Not Bold Formatted: List Paragraph, Indent: Left: 1.29" Town of Lillington, NC Unified Development Ordinance IV-39 • A change in topography; • A planting area a minimum of 8 feet wide planted with evergreen shrubbery placed a maximum of 5 feet on center. All shrubs shall achieve a height of 4 feet within 3 years. • Fencing, walls, or berms. B. In addition to screening requirements, canopy trees shall be installed in planting areas within parking lots to provide shade coverage for all parking spaces within vehicle service areas. Such planting areas shall meet the following requirements: 1. Planting Area Size: The minimum size of a planting area is dependent upon the number of canopy trees planted within it, as described below: Number of Canopy Trees in Planting Area Minimum Size of Planting Area 1 400 square feet 2 700 square feet 3 or more 300 square feet per tree 2. Planting Area Width: A minimum horizontal dimension of 9 feet measured from back of curb, pavement, sidewalk or other separating structure is required for all planting areas. 3. Planting Strip Location: A continuous linear planting strip shall be provided between each 2 parking bays. 4. Minimum Spacing: All parking spaces, or portions thereof, shall be within 60 feet of a planted canopy tree trunk. 5. Groundcover: Each planting area shall be landscaped with mulch, groundcover, or shrubs to protect against soil erosion. 6. Barriers or Wheel Stops: Barriers, such as wheel stops or 6-inch standard curbs, must be provided between vehicular use areas and landscaped areas. 7. Conflict with Parking Lot Lighting: Trees shall be located and planted so as not to diminish the effectiveness of required parking lot lighting, and in no instance shall lighting be located closer than 15 feet to canopy trees and 8 feet to understory trees. 4.08.98 DUMPSTERS AND MECHANICAL UTILITIES SCREENING A. All dumpsters, loading docks, outdoor storage areas and utility structures, which are visible from a public street or adjacent property line, shall be screened unless already screened by an intervening buffer yard. Such equipment shall be considered out of view if it is within the 45 degree angles projected from the building edges. B. Screening shall consist of evergreen shrubs, fencing, walls or berms, and shall comply with all other standards of this section. C. All screening of utilities shall comply with the requirements of the utility provider. Town of Lillington, NC Unified Development Ordinance IV-40 D. Where possible, enclosures for dumpsters are encouraged to be constructed with materials that are compatible with the design and materials of the principal building. Screening may be created through the use of: 1. Solid-wood fence, or fabricated metal fence, each with shrub plantings placed around the enclosure (they do not need to completely screen the enclosure) that grow as high, or nearly as high, as the fence to provide an attractive separation, or 2. Brick fence, brick/split face block, or decorative block (plantings not required). 4.08.109 GENERAL INSTALLATION AND MAINTENANCE STANDARDS It shall be the responsibility of the property owner(s) or assigned caretakers to ensure that all regulated landscaped areas, buffers, fencing, and tree save areas are installed, preserved, and maintained in good growing conditions, appearance, and usefulness. Damage and disturbances to these areas shall result in vegetation replacement and/or fines and other penalties. Preservation and maintenance shall include: A. Any dead, unhealthy, or missing vegetation, shall be replaced with vegetation that conforms to the standards of this section and the approved site and/or subdivision plan. B. All required buffers, streetyards, vehicular use areas, tree save areas and other landscaped areas shall be free of refuse and debris, shall be treated for pest/diseases in accordance with the approved site and/or subdivision plan, and shall be maintained as to prevent mulch, straw, dirt, or other materials from washing onto streets and sidewalks. C. The owner(s) shall take actions to protect all plant material from damage during all facility and site maintenance operations. All plant material must be maintained in a way that does not obstruct sight distances at roadways and intersections, obstruct traffic signs or devices, and interfere with the use of sidewalks or pedestrian trails. Plant material, whether located within buffers, tree save areas, or within planted areas (required by the site and/or subdivision plan) shall not be removed, damaged, cut or severely pruned so that their intended form is impaired. Shrubs within vehicular use areas, streetyards, and street fronts may be pruned, but must maintain at least 3 feet in height. D. In the event that existing required vegetation located within any buffers, tree save areas, streetyards, vehicular use or other landscape areas poses an immediate or imminent threat to improved structures on private property or public property, excessive pruning or removal of the vegetation may be allowable provided authorization is obtained from the Administrator, and the performance standard of the landscape area is maintained consistent with this section. Replacement vegetation may be required as a condition of the permit. Town of Lillington, NC Unified Development Ordinance IV-41 E. In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence, the owner may be required to replant if the requirements of the section are not being met. Replacement vegetation shall conform to the standards of this section and the approved site and/or subdivision plan. 4.08.110 RECOMMENDED PLANT LIST See Appendix A for the Town’s official plant list. It contains some plant species that are native to the town area or are known to be suitable for the climate of the town area. Applicants seeking landscape approval shall not be required to select materials from the following list, but shall be required to select plant species that are known to be suitable for the climate of the town area. Section 4.10 BUILDING DESIGN STANDARDS 4.09.1 PURPOSE The purpose of this article is to ensure architectural compatibility, permanence and style; the preservation and enhancement of the town’s aesthetic integrity and architectural character; support tourism and stimulate local economic development, preserve private property values; and maintain a high quality of life throughout the town. The town desires that all development be treated as a lasting contributor to the community and as a good neighbor to its surroundings and the town believes that well-designed and well-maintained developments is in the best interests of all residents and businesses. 4.09.2 APPLICABILITY A. While this section provides specific standards for development, it cannot, and is not intended to, cover all circumstances. Rather the structure and content of the manual are meant to give developers and reviewers the perspective to address the unique conditions of each project, while giving builders the flexibility to develop their own designs that meet the intent, principles and spirit of the guidelines. B. The Building Design Review process as outline in Section 7.05.3 of this ordinance shall apply to the following: Town of Lillington, NC Unified Development Ordinance IV-42 1. New development. All new construction shall conform to the requirements of this section. 2. Renovation and expansions to existing development. If the total repairs and/or renovations to an existing building within a five-year period enlarge the footprint 50% or more or collectively cost more than 50% of the tax value as recorded in the county tax record at the date of application, such development shall be required to meet the minimum requirements set forth to the fullest extent technically feasible. 3. Maintenance and changes. Maintenance and changes to exterior existing building elements and facades for development less than 50% of tax value will apply only to the specific change. Approved site plans may not be further modified before or after construction, installation or occupancy without review and approval of the Administrator. The passage of time shall not remove this requirement for review and approval if changes in design, including color, are proposed for any building, built prior to or after the adoption of this chapter, within the town which is subject to these provisions. 4. Multi-family & residential facilities. All multi-family developments and other residential facilities are subject to these regulations. Single family dwellings (attached & detached) and duplexes subject to regulation under the North Carolina Residential Code for One and Two Family Dwellings shall be exempt from these regulations. Voluntary building design standards may be applied to single family dwellings (attached & detached) and duplexes structures upon consent by the owner at the time of zoning, subdivision, or sit plan approval. 5. Overlay Districts. For properties located within an overlay district – see Article 2 – Zoning District Provisions for additional specific development standards. 4.09.3 GENERAL BUILDING DESIGN STANDARDS A. Applicability. These standards shall apply to all non-residential land uses except multi-family developments (see Article 2 – Zoning District Provisions for Additional Downtown Overlay Standards and Section 4.09.06 for multi- family development standards). B. Frontage. The primary entrance shall be architecturally and functionally designed on the front facade facing a public street. (Exception: buildings that are interior to a site that has buildings that otherwise meet the frontage requirement as approved by the Administrator.) C. Underground wiring. To reduce the visual impact of overhead wiring, utility services shall be located underground. Wooden poles and/or flood lights are prohibited. D. Building Design Town of Lillington, NC Unified Development Ordinance IV-43 1. Generally. The front facade should be divided into a base, middle and top. When two or more materials are used on a facade, the heavier material (e.g., brick) should be placed below the lighter material (e.g., siding) to give a sense of support and grounding. a. Manufactured, mobile and metal units are prohibited, except for a temporary construction, sales trailers or storage uses during construction projects. b. Front facades and exterior walls visible from the public right(s)-of-way shall be at least 60% brick, stucco, stone, wood clapboard siding, cementitious fiber board or other materials similar in appearance and durability. Vinyl siding, painted concrete block, cast concrete and metal may be used on building walls as minority elements or accent materials on walls that are visible from the public right-of-way provided that they do not compose greater than 40% of the facade. c. At least 25% of walls not visible from the public right(s)-of-way shall meet the same requirements for front facades and exterior walls visible from the public right(s)-of-way. d. Predominant wall materials shall have the appearance of brick. Predominant wall materials shall cover at least eighty (80) percent of walls, exclusive of windows and doors. Stucco, stone and cementitious lap siding may be used as accent materials. Materials with the appearance of concrete block, smooth concrete, corrugated or standing seam metal are prohibited. e. Brick, stone or wood facades shall not be covered or replaced with artificial siding or panels. Pitched roofs shall be clad in wood shingles, standing seam metal, corrugated metal, slate or asphalt shingles. All accessory buildings shall be clad in materials similar in appearance to the principal structure. 2. Wall material maintenance. All exterior surfaces, which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed. a. All exterior surfaces, which have or have not been painted, shall be maintained free of peeling and flaking paint or stucco. Rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns. b. Where 33% or more of the aggregate of any painted or stuccoed wall shall have peeling or flaking paint or stucco worn away, the entire wall shall be scraped and repainted or recovered with stucco. 3. Entries. Building façades shall be designed with entries that are no further than one hundred and fifty (150) feet apart. Building entries should be clearly defined, visible entrances, providing access from the front of the Town of Lillington, NC Unified Development Ordinance IV-44 building to the pedestrian zone, and featuring no less than three of the following: a. Canopies or porticos; b. Awnings; c. Overhangs; d. Recesses/projections; e. Arcades; f. Raised corniced parapets over the door; g. Peaked roof forms or arches; h. Outdoor patios; or i. Display windows. E. Facade colors. Color is an integral element of the overall design. 1. Facade colors shall be of low reflectance earth tone, muted, subtle or neutral colors. 2. Natural tints of materials such as reds, browns, tans, grays and greens shall be used as primary colors. 3. Brick, concrete and stone will have an inherent color, created by nature or during the manufacturing process. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high- intensity, metallic, fluorescent or neon colors shall be prohibited. F. Roof pitch. Roofs with pitches less than 3:12 and flat roofs will require a parapet wall on all sides visible from a public right- of-way. A pitched roof shall be profiled by eaves a minimum of six inches from the building face or with a gutter. Parapet walls shall have decorative cornices/caps. Roof lines shall be varied to reduce the scale of structures and visual interest and shall be articulated every 30 to 60 feet depending on the type of building (see illustration to left). The parapet shall be constructed so as to conceal all roofing material and equipment such as rooftop venting systems from any adjoining public right-of-way. G. Rooflines 1. Rooflines shall be varied in height, or at least every thirty (30) feet along any side of a building facing a street. Hips, gables or changes in parapet elevation shall be used to provide relief in height. 2. Gable and hip roofs are allowed; parapets shall be used to conceal flat roofs and rooftop mechanical equipment from public view. Town of Lillington, NC Unified Development Ordinance IV-45 3. The parapet design shall be a minimum of three (3) feet in height and shall incorporate a three-dimensional cornice treatment. H. Public art. Public art, such as statues, fountains and other works of art are encouraged and may be placed in any required front setback are as well in other appropriate areas. I. Compatibility. Adjacent buildings within 500 feet should relate in similarity of scale, height, architectural style and/or configuration. Relate setbacks of new construction to setbacks of existing buildings or developments. Limit setback variation to 20% of average setback of existing appropriate development on a street for both residential and nonresidential development. J. Human scale. 1. Windows, doors, columns, eaves, parapets and other building components shall be proportional to the overall scale of the building. Windows shall be vertically proportioned wherever possible. 2. The primary entrance shall be both architecturally and functionally designed on the front facade of the building facing the primary street. Such entrances shall be designed to convey their prominence on the fronting façade. I. Windows. Except for civic and industrial buildings, at least 40% of the length of the first floor on primary street fronting facades shall be in windows or doorways. Street level windows should be visually permeable. For buildings on a corner, the first floor secondary street facade shall be at least 10% windows. A window or functional general access doorway shall be located This series of diagrams illustrates how architectural elements and materials can break a massive building down to a human scale. Town of Lillington, NC Unified Development Ordinance IV-46 along the length of the facade at least every 20 feet. A window shall be measured as follows: Max. sill height (first floor) 42 inches Min. area 16 square feet Min. height 4 feet Min. width 3 feet J. Window maintenance. All windows must be tight fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints or broken or loose mullions shall be replaced. All broken and missing windows shall be replaced with glass or plexi-glass. All exposed wood shall be repaired. All openings originally designed as windows shall be maintained as windows, complete with sills, lintels, frame and glass, unless specifically approved by the Fire Chief for enclosure. Where the Fire Chief approves the enclosure of a window, it must be so enclosed by either bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior to prevent water intrusion and painted or stained to properly conform with the other exterior portions of the building. K. Recesses and projections. Facades greater than 30 feet in length, measured horizontally, must incorporate recesses, arcades, awnings and projections along at least 20% of the length of the facade. When used, awnings and canopies shall be placed at the top of window or doorway openings, and shall not extend beyond such openings, unless otherwise approved by the Administrator. No awning shall extend more than the width of the sidewalk or ten feet, whichever is less. Awnings must be self- supporting from the wall. No supports shall rest on or interfere with the use of pedestrian walkways or streets. In no case shall any awning extend beyond the street curb or interfere with street trees or public utilities. Awnings and canopies shall complement the color and material of the building which they are affixed. Town of Lillington, NC Unified Development Ordinance IV-47 L. Awning or marquee maintenance. In the event such awnings or marquee are made of cloth, plastic or of a similar material, such awnings or marquee shall be maintained so as not to show evidence of tearing, ripping or other holes which diminish their function and cause unsightly conditions. Whenever an awning is removed, all supporting members shall be removed within two years of adoption of this code and thereafter, immediately upon removal of any awning. M. Accessory buildings and devices. Building and devices that are ancillary to the primary building such as loading, trash containment, maintenance, storage and mechanical/electrical areas and the devices and equipment associated with these areas shall be incorporated in the overall design, architecture and landscape so that the visual and acoustic impacts of these functions and devices are fully contained and out of view from adjacent properties and public areas. All accessory structures shall be constructed of the same materials and colors as used for the main building. N. Connectivity. 1. Generally. A community is made up of both social and physical connections. Connecting uses means making clear pedestrian and vehicular pathways between developments. It also means intermingling compatible uses. A strong sense of community, the highly valued “small town atmosphere,” depends on having such convenient and easy access to a variety of activities and uses. This connection of uses is very important to the function of a livable, pedestrian-oriented community such as the town desires. Because many policies of recent decades have resulted in or even required the separation of projects and uses, this all- important design principle perhaps will require the greatest adjustment in how development occurs. 2. Connectivity requirements. a. Individual developments shall be joined together with roads and continuous sidewalks and paths versus a collection of separate development pods. Within a development, easy-to-use internal Town of Lillington, NC Unified Development Ordinance IV-48 circulation is provided not only for cars but for pedestrians and bicyclists between all buildings and spaces. b. Buildings shall be oriented to roads and sidewalks with orientation to parking areas being secondary. Buildings and whole developments are not isolated from one another with extensive buffers. c. Pedestrian and vehicular links shall be linked to parks, schools and other public destinations whenever possible. d. Sidewalks shall be continuous along public streets. Sidewalks shall connect buildings to the public sidewalk and to each other. Safe and frequent crossings shall be provided for pedestrians. Pedestrian connections shall be made to large office developments from a nearby hotel. Design sidewalks appropriately for the site and the expected amount of foot traffic. In commercial areas where foot traffic is expected, sidewalks should be a minimum of ten feet. Sidewalks in residential areas can be four feet. All pathways including but not limited to sidewalks and crosswalks shall meet the minimum American with Disabilities Act (ADA) requirements. O. Reducing parking impacts. 1. Generally. A key principle of the town’s design vision is to reduce the visual impact of parking. This goal includes reducing the image of the “sea of parking” one finds along corridors at retail centers and the “garage-scape” in neighborhoods. Parking is necessary at work, at home, and at destinations throughout the town. However, there is no reason why it needs to dominate the view. 2. Parking lot standards. a. A minimum of 20 to 40% of the required parking is placed to the side or rear of development projects, reducing large expanses of parking in front of developments. This parking is essentially overflow parking for peak usage during the year. Buildings shall be more prominent than parking lots (see below): Town of Lillington, NC Unified Development Ordinance IV-49 b. Parking areas including drives and accessways shall be surfaced with either asphalt or concrete. c. Drive-through windows shall be accessed at the building facade facing the rear property line away from the pedestrian street/right-of-way. d. On-street parking is provided when feasible to reduce the area of parking lots. P. Use of alternate plan, material or methods. 1. Alternate design plans, building materials or construction techniques may be used when unreasonable or impractical situations would result from the application of architectural design standards. Such situations may result from unique site conditions, innovative design applications and/or unified development design. The application for alternate design shall include which specific standards cannot be met and how the alternative methods will achieve the intent of the standards. The performance building design alternatives shall be evaluated by the Board of Commissioners to determine if the alternate design meets the intent and purpose of this chapter. 2. This determination shall take into account the land use of adjacent property, the orientation of the building to public streets, the building typology, the intended use of the structure, attention to architectural detail, scale and mass. Q. Building Articulation. Front and street-facing side façades greater than thirty (30) feet in length, measured horizontally, shall: 1. Incorporate wall plane projections or recesses having a depth of at least three (3) percent of the length of the façade and extending at least twenty (20) percent of the length of the façade. 2. Have a change in at least three of the following elements every thirty (30) feet along all walls facing a public street or internal street: color change; texture change; material change; or architectural feature, such as an offset, projection, columns, canopies, arcades, or reveal with at least twelve (12) inches in depth. 4.09.4 SINGLE-FAMILY, DUPLEX & MANUFACTURED HOME DESIGN STANDARDS The following voluntary building design standards may be applied to single family dwellings (attached & detached) and duplexes structures upon consent by the owner at the time of zoning, subdivision, or site plan approval. A. Exterior materials. Exterior materials shall be durable and residential in character. Exterior wall materials shall be wood, brick, stone, stucco, vinyl or similar materials. Facade colors should be of low reflectance earth tone, muted, subtle or neutral colors, also for repainting of an existing building. The use of high-intensity, metallic, fluorescent or neon colors shall be prohibited. Town of Lillington, NC Unified Development Ordinance IV-50 B. Manufactured home requirements. All manufactured homes shall meet the following requirements. 1. The home has a length not exceeding four times its width. 2. The pitch of the home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction. 3. The exterior siding consists of wood, hardboard or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction. 4. Facade colors should be of low reflectance earth tone, muted, subtle or neutral colors, also for repainting of an existing building. The use of high- intensity, metallic, fluorescent or neon colors shall be prohibited. 5. A continuous, permanent masonry foundation, un-pierced except for required ventilation and access, is installed under the home. 6. Every manufactured home shall be tied down to ground anchors. Ground anchors and tie downs shall be installed in accordance with the North Carolina Regulations for Manufactured Homes. 7. Each manufactured home stand and space shall be graded to provide adequate storm drainage away from the manufactured home and such that there will exist no more than three feet difference between the chassis of the manufactured home and the finished grade of the stand along the entire perimeter of the manufactured home proper. 4.09.05 MULTI-FAMILY DEVELOPMENT STANDARDS A. Applicability This section applies to all multi-family developments. These requirements are intended to establish design standards that will create quality design and ensure the compatibility with surrounding neighborhoods and land uses. The desired characteristics of multi-family developments are to: • Encourage developments that residents can take pride in and have a sense of ownership; • Provide special attention to structural placement, building orientation and landscaping along streets and parking areas; • Ensure that common open spaces are provided in locations convenient for residents; • Ensure that developments are designed with proper setbacks, landscaping and massing to address privacy and compatibility with adjacent single- family residential development or land. B. Building Placement and Orientation Town of Lillington, NC Unified Development Ordinance IV-51 1. Buildings shall be set back a minimum of thirty (30) feet from major and arterial streets or thoroughfares. 2. The minimum spacing between the sides of buildings shall be twenty (20) feet. 3. Where practical, buildings should be located to face each other across public streets, private drives or common open space areas and amenities. 4. All buildings shall be located a minimum of fifty (50) feet from properties zoned RR, RS-20, R-15 or RS-10. C. General Building Design 1. Building Elevations: a. Facades shall have usable porches, balconies, stoops, windows and/or other architectural details to form a predominate theme of the building design. A minimum of 60 percent of front elevations, and a minimum of 30 percent of side and rear building elevations shall be required to meet this standard. The image depicts street oriented facades with balconies and/or other architectural detailing. 2. Building Materials: a. At a minimum, two different primary building materials shall be used on each building elevation (e.g., stone, wood, masonry, or metal). Vinyl may be uses for accent purpose only. b. Colors should be of low reflectance earth tone, muted, subtle, or neutral colors. A minimum of two colors per elevation plus a trim and roof color shall be utilized. c. Color accents shall vary throughout the development. 3. Roofing: a. Roofs shall be standing seam metal, slate, asphalt shingles or synthetic materials similar and/or superior in appearance and durability. b. All multi-family buildings shall have sloped roofs. When pitched roofs are used, they shall be symmetrical gables or hips with a pitch between 6:12 and 12:12. 4. Entrances: Town of Lillington, NC Unified Development Ordinance IV-52 a. Each building shall provide clearly defined site and building entries that are in scale with the proposed project and relate directly to the street frontage. b. Entries to units should be clearly identified, protected from weather by porches or roofed overhangs (as illustrated in the photo to the left) and provided with lighting for nighttime safety and security. c. The use of distinctive architectural elements and materials to denote prominent entrances is required. d. All buildings shall face the public street, private drive or common area (e.g., courtyard, plaza, or green) and have a pedestrian pathway connecting the principal entry to these areas. 5. Utilities and Equipment: a. All building attached mechanical equipment and other utility equipment (e.g., heating, cooling, antennas, satellite dishes, air conditioners or similar mechanical devices) shall be screened from view of public streets, private drives, parking lots, and adjacent residential property. b. Equipment screening shall be integrated into the building and roof design with the use of compatible materials, colors, and forms. 6. Refuse Receptacles: a. All refuse containers shall be placed within screened storage areas or enclosures per this ordinance. b. Refuse containers should be conveniently located throughout the project, yet sufficiently buffered from project entries, main building entries and main pedestrian paths. c. Enclosures should be located to provide easy accessibility for users, adequate room for servicing by refuse trucks and should not hinder visibility for vehicle circulation. d. Enclosure materials and colors should be consistent with, and complimentary to, building materials and finishes. e. Landscaping should be provided on all non-accessible sides of trash enclosures. 7. Garages: a. Garages serving multi-family buildings shall be located to the side or rear of such buildings. b. The exterior materials, design features, and roof form of garages shall be compatible with the building it serves. D. Open Space & Amenities Town of Lillington, NC Unified Development Ordinance IV-53 Multi-family developments shall be constructed with common open space areas and amenities for the use and enjoyment of future residents. Minimum open space provisions and required project amenities are listed below. 1. All buildings, roofed areas, and parking areas, including drives, shall not cover more than eighty-five (85) percent of the site. A minimum of fifteen (15) percent of the gross area shall be designated as common open space comprised of five (5) percent usable open space and ten (10) percent of natural open space per Section 4.07 – Open Space Standards. 2. Usable open space shall be incorporated into the development as a primary design feature and not just remnant pieces of land used as open space. 3. Usable open space should be centrally located, easily accessible and positioned within the viewshed of the nearest units such that the residents can watch over the area (see example photo below): 4. Common facilities such as laundries, mailboxes, and management office should be centrally and conveniently located for accessibility and proximity to the majority of the residents. 5. Open space areas should be consolidated in one location to allow for high usability and sustainability. E. Traffic Control, Circulation & Parking Multi-family developments with internal streets and driveways should be designed to be easy to navigate through in a logical, common sense manner so that a resident or visitor can easily enter the site, park their car, and find a particular unit. 1. Multi-family projects shall be designed with an internal pedestrian system providing access to individual units, common areas and amenities, parking areas and off-site connectors as appropriate. Town of Lillington, NC Unified Development Ordinance IV-54 2. Stamped and/or colored concrete or other decorative accent shall be used as an accent along project entryways, pedestrian crosswalks, pedestrian walkways and common open areas. 3. Areas between dwelling units and parking areas on-site shall be improved with landscaping to achieve a minimum 3 foot wide evergreen screen. 4. No off-street surface parking lot associated with a multi-family development shall be located between the building and the street(s) fronting the development. 5. Off-street surface parking located beside a building shall not occupy more than 25 percent of the parcel's right-of-way frontage. Associated driveway areas shall be included as part of such off-street surface parking. 6. Parking spaces shall have a minimum separation of 5 feet from all sidewalks and pedestrian paths. 7. Traffic calming elements such as enhanced paving and bulb-outs at intersections should be provided. Other traffic calming measures such as roundabouts, raised pedestrian crossings, etc. should be used where practical. Town of Lillington, NC Unified Development Ordinance IV-55 8. The maximum block length in all multi-family developments shall be 400 feet. Blocks shall be separated by streets, drives or improved pedestrian paths as illustrated below: F. Landscaping Landscaping shall be designed as an integral part of the overall multi-family development with the purpose of enhancing building design, public views and spaces, and providing buffers, transitions and screening. Landscaping may also serve to filter and infiltrate storm water runoff to reduce adverse environmental effects of runoff. 1. A 30’ Type A Buffer shall be required along arterial and major streets and thoroughfares. 2. Street trees shall be planted along all streets, driveways and parking areas in a single row at a maximum spacing of 40 feet. Town of Lillington, NC Unified Development Ordinance IV-56 3. Elevations shall have landscaping adjacent to their foundation. Landscaping shall be utilized to frame, soften, and embellish the units, to buffer the units from noise or undesirable views, to break up large expanses of parking and to ensure compatibility to provide visual screening (see photo below): 4. Parking Lot Landscaping: a. Landscape islands within parking lots and along private drives shall be located to define, direct and slow vehicular movement. b. Landscape islands shall have a minimum width of 8 feet. c. Landscape islands shall be provided for every 10 parking spaces. d. Perimeter landscape areas shall be a minimum of 8 feet in width adjacent to all parking spaces and public streets or private drives. e. Large maturing canopy trees shall be planted not more than 40 feet on center. f. A continuous row or staggered row of evergreen shrubs, with a minimum expected height at maturity of 3 feet, shall be installed at not more than 6 feet on center. If used in addition to a wall or fence, the evergreen shrubs shall be planted on the exterior side of such features. G. Lighting All exterior building attached lighting shall be located to a pedestrian scale and be designed so that light is not directed off the site and the light source is shielded downward from direct off site viewing. 1. Exterior lighting shall be pedestrian scaled with a maximum height of 18 feet. 2. Lighting fixtures shall LED be “lamp post” style. 3. All exterior building lighting shall be architecturally integrated with the building style, materials, and colors. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com TOWN OF LILLINGTON ORDINANCE FY2025-06 AN ORDINANCE TO AMEND THE LILLINGTON UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of the Town of Lillington may enact ordinances to protect the health, safety, and welfare of its citizens under the North Carolina General Statutes §160A-174; and BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that Lillington Unified Development Ordinance is amended as follows: DESIGN STANDARDS SECTION 4.01 GENERALLY The standards in this Article are intended to be minimum standards for development. Higher standards or relief from standards may be established through the procedures in Article 3 – Use Standards and Article 7 – Administration & Development Processes. SECTION 4.02 BASIC DEVELOPMENT STANDARDS 4.02.1 HEIGHT A. Other than the provisions listed in this Section, buildings and structures shall not exceed the maximum heights established in Article 2 – Zoning District Provisions of this ordinance. B. The height of a building is the vertical distance measured from the mean elevation of finished grade at the front of the building to the highest point of the building. C. A story includes any floor above the mean elevation of finished grade at the front of the building. Where floor levels are staggered, the number of stories is the number of floors counting vertically from the point of the mean elevation of finished grade at the building front. D. Roofs with slopes greater than seventy-five (75) percent are regarded as walls. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com E. Chimneys, church spires, water tanks, elevator shafts, scenery lofts and similar structural appendages not intended as places of occupancy are exempt from the height limitation set forth in this Section, provided that not more than one-third (1/3) of the roof area is covered by such structures. F. Heating and air conditioning equipment, solar collectors and similar equipment, fixtures and devices are exempt from the height limitation set forth in this Section, provided that they are set back from the edge of the roof a minimum distance of one (1) foot for every foot the feature extends above the roof surface. Screen or parapet walls shall be constructed to the height of any fixture taller than three (3) feet in height that would be visible from a street or residential property abutting the property. G. The height requirements for wireless telecommunications towers & facilities are provided in Article 2 – Zoning District Provisions & Article 3 – Use Standards of this ordinance. H. Light standard heights shall not exceed the limits established in Section 4.06 of this ordinance. I. Flagpoles and similar devices shall be limited to thirty-five (35) feet in height. 4.02.2 SETBACKS A. Setbacks Required. No portion of any building, excluding eaves, decks, patios, steps and uncovered porches may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in Article 2 – Zoning District Provisions of this ordinance. All setbacks are expressed in feet and are minimum setbacks unless otherwise noted. Additional setbacks may be required to meet parking, landscaping, buffers or other standards specified in this Article, the specific use standards of Article 3 – Use Standards of this UDO. B. Allowed Setback Encroachments. A step, stoop, open porch, awnings or other appurtenances may extend up to five (5) feet into the front setback, provided such features do not impede pedestrian circulation or extend more than twenty-five (25) percent into the minimum setback. C. Setback Measurement 1. Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). 2. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured at a right angle to such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street centerline. D. All setbacks are subject to compliance with adopted applicable fire code provisions. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4.02.3 RELATIONSHIP OF BUILDING TO LOT In no case shall there be more than one principal building and its customary accessory buildings on a lot except in the case of a designed complex of professional, residential or commercial buildings in an appropriate zoning district. 4.02.4 STREET ACCESS No building shall be erected on a lot which does not abut a street or have access to a street, provided that in a planned development, a building may be erected adjoining a parking area or dedicated open space which has access to a street used in common with other lots. 4.02.5 INFILL LOT STANDARDS The minimum front or street yard required may be reduced for any lot where the average established front yard on developed lots located within 300 feet on each side of such lot, and fronting on the same street as such lot, is less than the minimum required yard. In such cases, the minimum front or street yard may be less than that required but not less than the average of the existing front yards on the developed lots within 300 feet of each side. In addition, for new lots created from existing larger lots, the lot width at the frontage line and the side yard setbacks shall be consistent with the immediately adjacent neighboring parcels on the same side of the street. 4.02.6 IRREGULAR LOT SETBACKS The location of required front, side and rear yards (or setbacks) on irregularly shaped lots shall be determined by the Administrator. The determination will be based on the intent and purpose of this ordinance to achieve an appropriate spacing and location of buildings and buildings on individual lots. Where questions arise as to appropriateness, the subdivider may be requested to provide additional design information. SECTION 4.03 ACCESSORY USES AND STRUCTURES The purpose of this section is to establish standards for accessory uses and structures. Except as provided elsewhere in this ordinance, it shall be unlawful for any person to erect, construct, enlarge, move or replace any accessory use or structure without first obtaining a certificate of zoning permit from the Administrator. A. GENERAL 1. Accessory uses and structures may only be used for purposes permitted in the district in which they are located. 2. Not for Dwelling Purposes: Accessory structures shall not be used for dwelling purposes except as an approved Accessory Dwelling in accordance with this ordinance. 3. Building Permits May Be Required: Depending on the size of the structure and the incorporation of various improvements (e.g., electrical, plumbing) a building permit may also be required. 4. See Article 3, Section 3.03.5 for Accessory Dwelling Standards. B. LOCATION, SETBACKS AND HEIGHT 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Standards Single-family/Two- family lots – less than 1.5 acres in size Single-family/Two- family lots – 1.5 acres or larger in size Lots over 5 acres in size All other uses Permitted location Side/rear only Permitted in all yards – may not be closer than 30’ of r/w Permitted in all yards – may not be closer than 30’ of r/w Side/rear yard only Side/Rear Yard Setback See district setbacks in Article 2 – Zoning District Provisions. Height See district height provisions in Article 2 – Zoning District Provisions. C. MAXIMUM NUMBER AND AREA Standards Single-family/Two- family lots – less than 1.5 acres in size Single-family/Two- family lots – 1.5 to 5 acres in size Lots over 5 acres in size All other uses Maximum Accessory Structures Permitted 2 2 No max. No max. Maximum Area (Accessory Dwelling Unit Area is Exempt) 600 sf per structure 1,000 sqft aggregate 1,500 sqft per structure or 1,500 sqft aggregate No max. No max. SECTION 4.04 FENCES & WALLS All fences and walls shall comply with the requirements of this Section unless specifically approved as part of a Conditional Zoning, Special Use Permit, Site Specific Development Plan, or Variance. A. Except as otherwise provided in this Section, fences that are no taller than six (6) feet may be built along interior side and rear property lines. B. Exterior side yard fences that are no taller than six (6) feet shall be at least two feet from the right-of-way and no closer than two (2) feet from the inside edge of the sidewalk. C. Fences in front yards are discouraged, but must be: 1. Located least two (2) feet from the right-of-way and no closer than two (2) feet from the inside edge of the sidewalk; 2. Less than sixty (60) percent opaque; 3. Be designed as picket or wrought-iron style fences (chain link and chicken wire are prohibited); and 4. Not exceed four (4) feet in height, except that wrought iron and split rail style fences may be up to five (5) feet tall. D. No fence shall obstruct any traffic safety visibility zone. E. Barbed wire, razor wire or other fence materials designed to cut or puncture are prohibited in all districts, except in the LI, HI and FRO districts. F. Deer fences may be erected around gardens provided that the fences are located at least ten (10) feet from the nearest property line. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Section 4.04.1 RETAINING WALLS In the event that any development activity necessitates the use of retaining walls, the following shall apply: A. Walls higher than (4) feet shall be designed, inspected, and certified by a licensed Professional Engineer in accordance with N.C. General Statute 89C and be required to obtain a building permit in accordance with the Town of Lillington Unified Development Ordinance and North Carolina Building Code. B. Safety rails or fencing may also be required dependent upon the administrators review. All applications of fencing must be designed in a manner that does not conflict with the manufactures recommended specifications. Retaining walls with a vertical drop of (1) foot or more located adjacent to residential or commercial property, parks, parking lots, trails and sidewalks shall provide safety railing per standard details. C. Private retaining walls, including supports, foundations, reinforcement, and any other wall appurtenances are not allowed within public right-of-way or easements. D. A plan showing all lines, grades, and depths of the proposed wall must be submitted and approved prior to construction. E. All walls that are submitted for approval must be accompanied by a materials list showing minimum design specifications from the manufacturer for all components. In no case shall the proposed retaining wall be approved or accepted by the Town of Lillington if its design conflicts with the minimum design specifications as outlined by the manufacturer. F. Retaining structures shall not exceed six (6) feet in height and shall not exceed two (2), six (6) feet tall tiered sections. There will be a minimum separation of 3’ between the proposed tiered section(s). G. In no case shall a retaining wall be constructed in a manner in which the construction activities negatively impact an adjoining property. All grading and support structures associated with the retaining structure shall not encroach into any required buffer or protected area (such as, but not limited to, critical root zones of trees on adjoining properties), and shall be contained entirely on site. H. A setback will be generated dependent on the proposed wall height during plan review. The minimum setback is established at (5’). The ratio for determining setbacks for walls greater in height than (5’) will be 1:1, for example; a (12’) wall system will require a (12’) setback. The setback will be measured from the adjoining property line to the limit of disturbance (the cut) as called out in the supplied site plan. This setback will be established as both an easement for a planting strip & maintenance. I. Retaining walls shall be designed in a way where the finished elevation, or top of wall, matches the existing elevation of the adjacent property for the full length of the wall system. J. All retaining walls that exceed (4’) in height are required to provide a planting strip comprised of low growing vegetation i.e., shrubs for the purpose of stabilization & buffered separation. The minimum planting requirement is established at 24 shrubs per 100’ of planting strip. See Appendix A for a list of approved species for planting. For retaining walls that require screening with plantings, no plantings shall be located so that they will encroach into any public property or right-of-way when the plant reaches maturity. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com SECTION 4.05 PARKING, DRIVEWAYS AND LOADING 4.05.1 PURPOSE AND INTENT This Section establishes the minimum requirements for the number of spaces and the design of parking areas in the Town of Lillington. This Section provides administrative flexibility for the Administrator to adjust the number of required spaces and the design of spaces to provide for adequate parking, accommodate unique site conditions and capitalize on the benefits of parking opportunities on- street or in shared parking areas. 4.05.2 APPLICABILITY The requirements of this Section shall be applicable to all new development and change of use that create the need for parking or increase existing parking demands. 4.05.3 PARKING SPACE REQUIREMENTS Permanent off-street parking (including on-street parking in accordance with the requirements below) is required subject to the table below. If required, parking shall be provided at the time of erection, alteration, enlargement, establishment or change of use of any building or open use of land which require additional off- street parking. LAND USE TYPE MINIMUM REQUIRED AUTO SPACES MINIMUM REQUIRED BICYCLE PARKING SPACES RESIDENTIAL: Dwelling – Single Family Detached & Two Family (Duplex) 2 per unit 1 per 50 lots Dwelling – Single-Family Attached (Townhome) 2 per unit plus 0.25 per unit for guest parking 1 per 50 lots Dwelling – Multifamily 2 per unit 1 per 50 auto spaces Dwelling – Accessory 1 per unit N/A Live-Work Units 1 per 700 sf N/A Residential Care Facilities 1 per 2 resident rooms 1 per 40 auto spaces All other residential uses No requirement No requirement LODGING AND ACCOMMODATIONS: All uses 1 per room 1 per 50 auto spaces OFFICE AND SERVICES: Medical Clinic 1 per examination room 1 per 50 auto spaces All other Office & Service Uses 1 per 700 sf 1 per 50 auto spaces COMMERCIAL AND ENTERTAINMENT: Restaurant 1 per 400 sf 1 per 50 auto spaces Indoor Amusement No requirement 1 per 50 auto spaces Outdoor Amusement No requirement 1 per 50 auto spaces Theater (Indoor or Outdoor) 1 per 8 seats 1 per 50 auto spaces All other Commercial and Entertainment Uses 1 per 500 sf 1 per 50 auto spaces MANUFACTURING, INDUSTRIAL AND WHOLESALE TRADE: Storage/Warehouse Uses: 1 – 50,000 SF 1 per 1,500 sf No requirement 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Over 50,000 SF 1 per 2,000 sf No requirement Other Industrial/Manufacturing Uses: 1 – 3,000 SF 1 per 250 sf No requirement 3,001 – 5,000 SF 1 per 500 sf No requirement 5,001 – 10,000 SF 1 per 750 sf No requirement 10,001 – 50,000 SF 1 per 1,250 sf No requirement Over 50,000 SF 1 per 2,000 sf No requirement EDUCATION & INSTITUTIONS: Child/Adult Day Care Centers (more than 8 persons) 1 space per classroom 1 per 50 auto spaces Religious Institutions 1 per 8 seats in main assembly hall 1 per 50 auto spaces Schools (elementary & secondary) 1 per 8 seats in main assembly hall or gymnasium 2 per 50 auto spaces Studio 1 per 400 sf 1 per 20 auto spaces All other Education and Institution uses No requirement 1 per 50 auto spaces AGRICULTURAL AND FORESTRY: All uses No requirements No requirements COMMUNICATIONS, TRANSPORTATION AND INFRASTRUCTURE: All uses No requirement No requirements 4.05.4 EXEMPTIONS AND ADJUSTMENTS A. Exemptions. Uses in the CB District are exempt from the minimum parking requirements of this Section. B. Tree Preservation. The minimum number of parking spaces required may be adjusted by the Administrator when it has been determined that the reductions are necessary to preserve a healthy tree or trees (with a 12 inch or greater diameter at breast height) from being damaged or removed, and where the site plan provides for the retention of said tree or trees. 4.05.5 SATELLITE PARKING A. If the off-street parking spaces required by this section cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 600 feet. Such measurement shall be taken from the edge of the parking area on the lot to the entryway of the remote parking area. B. Shared Satellite Parking: Upon approval by the Administrator, satellite parking facilities may be shared by 2 or more uses which do not share normal operating hours. C. Parking for Permitted Uses Only: If satellite parking is utilized to fulfill parking requirements, the owner or authorized agent for the land upon which such remote parking is located shall restrict the use of such parking area for parking only in connection with the use(s) or structure(s) for which such remote parking is provided. Such restriction shall be recorded as an easement at the time of final plat approval. If no final plat is required as part of the development approval, a shared parking agreement between uses can be submitted to the Administrator in lieu of recording a such easements on a final plat.. Remote 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com parking for a particular use shall not be established in any district that does not allow that use. 4.05.6 VEHICLE DESIGN STANDARDS A. Parking Area General Design Standards 1. Parking areas shall be maintained to provide for vehicle access and shall be kept free of litter, debris, outdoor display and sales and material storage, including portable containers. 2. Parking for service vehicles shall be designated, located and screened to minimize the view from adjacent properties and rights-of-way, generally at the rear of buildings. 3. Parking areas shall be located and designed to avoid undue interference with the use of public rights-of-way, driveways or pedestrian ways. Parking stalls shall not be located in areas that would require backing into access driveways or streets except where allowed for residences. 4. Parking design and location shall be in accordance with the Lillington Specifications Manual and at minimum shall the following minimum dimensions: Parking Angle (Degrees) Parking Space Width (feet) Parking Space Depth (feet) Min. Aisle Width (feet) 0o 9’ 20’ 12’ 30o 9’ 18’ 11’ 45o 9’ 20’ 13’ 60o 9’ 21’ 18’ 90o 9’ 18’ 24’ 5. Parking stalls shall be located a minimum of 10 feet from public rights-of- way and buildings to allow sufficient separation for sidewalks, landscaping and other site features except along the backs of buildings in areas designed for loading and unloading. 6. Parking shall not be located in landscaped, open space or tree save areas. 7. Vehicle storage or display areas shall be identified on a site plan distinct from customer and employee parking areas and shall comply with parking access, location and design requirements, except that striping of the display or storage area shall not be required. Vehicle storage or display areas shall not be located in a manner that interferes with vehicle or pedestrian access aisles or driveways. 8. Tractor trailers, cargo trucks, busses and other large commercial vehicles or heavy equipment parking and storage shall comply with parking access, location and design requirements except for stall size and aisle size which shall be as appropriate for the vehicles to be stored and shall be designated on a site plan. A. Stacking Spaces 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 1. Uses with drive-through facilities and other auto-oriented uses where vehicles queue up to access a service shall provide adequate stacking spaces on-site for the uses or buildings in accordance with this section. Such uses include but are not limited to: restaurants with drive-through, convenience store with fuel sales, and other uses with service bays or drive- throughs. 2. Required stacking spaces are subject to the following design and layout standards: a. Stacking spaces shall be a minimum of nine feet wide and 16 feet long. b. Stacking spaces shall not impede vehicular traffic movements or movements into or out of parking spaces, whether on-site or off-site. c. Stacking spaces shall not impede onsite or offsite bicycle or pedestrian traffic movements, whether on-site or off-site. d. Stacking spaces shall be clearly delineated through such means as striping, landscaping, pavement design, or curbing. B. Surfacing Off-street parking areas shall be properly graded, marked and located on improved lots or within parking structures. The material for surface parking spaces and corresponding access drives required by this section, except for single-family detached and duplex residences, shall consist of suitable material as set forth below. 1. Suitable Materials: Suitable paving materials for required parking areas include, but are not limited to, asphalt, porous asphalt, porous paving blocks, and concrete. Compacted stone (road bond) and gravel may be permitted by the Administrator as paving materials in the rear setback area for loading and service areas in areas zoned LI or HI (Industrial Districts). 2. Accessible Spaces: All accessible spaces and corresponding access paths shall consist of concrete or asphalt. 3. Pervious Surfaces: Porous paving blocks and pervious paving materials are permitted and encouraged as material for parking lots. The use of reinforced grass as a parking lot surface is permitted for satellite parking areas. 4. Parking Space Marking: The individual parking spaces in a lot shall be delineated in all parking lots except those utilizing road bond, gravel, grass or other vegetative surfacing. C. Connectivity 1. Adjoining parking lots serving (or potentially serving) non-residential or multifamily uses shall be interconnected as follows: a. The parking lot under development has a minimum of 24 parking spaces or equivalent parking area. b. At least 1 connection is provided at all lot lines that are coincident for at least 60 feet with another lot zoned for non-residential use. c. The connection is at least 20 feet wide. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com d. If applicable, the connection aligns with a connection that has been previously constructed on an adjacent property. e. The connection has a slope of no greater than 15 percent. f. The connection is not placed where a building on an adjacent property is within 50 feet of the lot line which would hamper traffic movements within the parking lot. g. The connection is placed in an area which will not require the removal of significant natural features such as wetlands or trees with a caliper of 6 inches or more. h. In the event these conditions cannot be met without undue hardship, or if such connections would create undesirable traffic flow, the Administrator may waive the connection requirement. i. Where a parking lot connection is required an easement for ingress and egress to adjacent lots shall be recorded by the property owner with the Harnett County Register of Deeds in the form of an easement plat. D. Off-street Loading Requirements 1. Off-street loading spaces shall be required for industrial, major institutional, and business uses that can be expected to regularly receive or deliver goods, pursuant to the following schedule (areas within the Downtown Overlay District – Central Business/Main Street Area are exempt from this requirement): Building Square Footage Required Number of Spaces Under 20,000 0 20,001 – 40,000 1 40,001 – 100,000 2 Over 100,000 3 2. Required loading spaces shall have the following minimum dimensions: 12- foot minimum width, 25-foot minimum length, and 14-foot minimum vertical clearance. 3. Locations: a. Required off-street loading spaces shall not be located within a building, but shall be on the site of the use served or on an adjoining site. b. Required off-street loading spaces shall be located to the sides and/or rear of the lot to maximize the street exposure of the primary structure. c. A loading area shall not be located in a required setback. In addition, street-side loading docks shall be set back at least 70 feet from the street property line or 110 feet from the street center line, whichever is greater. d. No loading bay may intrude into any portion of a required parking aisle or access dimension. e. Loading areas visible from a street shall be screened on three sides by a solid, decorative fence, wall, or hedge at least six feet in height. 4. Access: a. A required loading stall shall be accessible without parking a truck across a street property line unless the Administrator determines that 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com provision of turnaround space is infeasible and approves alternate access. b. An occupied loading space shall not prevent access to a required off- street parking space. F. Parking Alternatives The Administrator is authorized to approve an alternative parking plan for Agricultural Uses, Industrial Uses and Recreational Facilities that proposes alternatives to the standards in this section. G. Driveways 1. No portion of any residential or mixed-use driveway intersection with a Town public street shall be closer than twenty (20) feet to the corner of any intersection, measured along the right-of-way line. In commercial and industrial zones, this distance shall be thirty (30) feet. The width of any driveway intersection with the public street shall not exceed thirty (30) feet at its intersection with curb and street line. Driveway connections to NCDOT controlled streets must be requested from and approved by DOT. Driveways that have double lane ingress and egress (4-lanes) shall be a minimum 60 feet width at intersection with curb and street line. 2. All driveways shall be paved with either asphalt or concrete, or with alternative paving material (e.g., concrete pavers, brick, “turfstone” or similar material) determined to exhibit equivalent wear resistance and load bearing characteristics as asphalt or concrete. 3. No driveway shall conflict with any town facility such as traffic signal standards, catch basins, fire hydrants, crosswalks, loading zones, bus stops, utility poles, fire-alarm supports, meter boxes, and sewer clean-outs or other necessary structures, except with the express approval of the Administrator. Any adjustments to town facilities to avoid such conflicts shall be at the expense of the driveway applicant. 4. Location of Driveway Access Points a. Two driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds fifty (50) feet. b. Three driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds one hundred fifty (150) feet c. Four or more driveways entering the same street from a single lot shall be prohibited. d. In no case may the total width of all driveways exceed fifty (50) percent of the total property frontage. e. No driveway (nearest edge) shall be located within five (5) feet of a side lot property line except in the case of a shared driveway (single curb/access point) utilized by two or more lots. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com f. No driveway (nearest edge) shall be located within twenty-five (25) feet of an intersection on a secondary road and forty (40) feet on a primary road except in the case where no other lot access to a public street or Town-approved private road is available. SECTION 4.06 SIGNS 4.06.1 PURPOSE AND INTENT The sign regulations of this Article are adopted under the zoning authority of the Town in furtherance of the general purposes set forth in the Unified Development Ordinance. The purpose of this Article is as follows: • To encourage the effective use of signs as a means of communications in the Town and its extraterritorial jurisdiction; • To maintain and enhance the aesthetic environment and the Town’s ability to attract sources of economic development and growth; • To improve pedestrian and traffic safety; • To minimize the possible adverse effect of signs on nearby public and private property; and • To enable the fair and consistent enforcement of these sign regulations. 4.06.2 APPLICABILITY All signs within the Town’s jurisdiction shall be covered by these regulations and be erected, constructed or maintained in accordance with the provisions of this section. 4.06.3 PERMITS REQUIRED A. Except as provided otherwise in this Section, it shall be unlawful for any person to erect, construct, enlarge, move or replace any sign without first obtaining a permit, in accordance with this ordinance, from the Administrator to ensure compliance with the provisions of this ordinance. B. Additional permits may be necessary pursuant to the regulations in the State Building Code or other sections of this ordinance. 4.06.4 ALTERATION OF SIGN FACE Cleaning, electrical repair, resurfacing and other maintenance of a sign shall not require a permit. The changing of tenant name panels on multiple-tenant development signage and the change of copy on other signs specifically designed for changeable copy shall not require a permit. 4.06.5 COMPUTATION OF SIGN AREA A. The area of a sign face shall be deemed to be the entire area within the smallest polygon that will encompass the extreme limits of the writing, representation, emblem or other display on the sign that can be reasonably calculated. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com B. The area shall also include any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. C. Frames or structural members not bearing informational or representational matter shall not be included in computation of the area of a sign face. Computations of sign area shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle greater than 60 degrees, the surface of both sides shall be included in the computation of area. 4.06.6 COMPUTATION OF HEIGHT A. Attached signs. The sign height for attached signs shall be computed as the distance from the finished grade at the base of the building to which the sign is attached to the top of the highest component of the sign. B. Ground (freestanding) signs. As illustrated below, the sign height for ground signs shall be computed as the lesser of: 1. The distance from the base of the sign at the finished grade to the top of the highest component of the sign; or 2. The distance from the nearest adjacent street grade to which the sign is oriented, and on which the lot has frontage, to the top of the highest component of the sign. 4.06.7 LOCATION AND ENCROACHMENT A. Permitted signs shall be located outside of the street right-of-way, behind sidewalk areas and outside of required site triangles. B. All attached signs shall be mounted and attached to buildings in a secure manner, shall not include wire or turnbuckle guy and shall be maintained in good repair for safety and appearance. C. No non-governmental sign shall be attached to or painted on power poles, light poles, telephone poles, traffic signs or other objects not intended to support a sign. 4.06.8 MATERIALS AND STRUCTURAL REQUIREMENTS A. All attached signs and sign support frames shall be mounted and attached to building or ground in a secure manner, shall not include wire or turnbuckle guy and shall be maintained in good repair for safety and appearance. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com B. All permanently installed signs shall be able to resist normal loads from positive and negative wind pressure, snow and other conditions as required by the current edition of the North Carolina version of the International Building Code. C. The Administrator reserves the right to require sign load calculations and attachment design from a state licensed structural engineer, and to require same engineer to certify the sign installation in writing. 4.06.9 NONCONFORMING SIGNS See Section 8.07. 4.06.10 SIGNAGE TYPES Signage types illustrated below are approved for usage in the Town: Wall Signs Awning/Canopy/Window/Door Signs Projecting/Suspended Signs Monument Signs 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Column Signs 4.06.11 ATTACHED SIGNAGE STANDARDS Sign Type Zoning District Square Footage Height Total Number Wall Signs CB, GB, NB, NMX, O/S, LI, HI 10% of the gross square footage on any one side of the building. No sign shall extend above the roofline. 4 signs per building wall. Awning / Canopy / Window / Door Signs CB, GB, NB, NMX 25% of the gross glass area on any one side of the building (windows/doors), 50% of area for awnings/canopies) No sign shall extend above the roofline. N/A Projecting / Suspended Signs CB, GB, NB, NMX 6 square feet Shall be at least 7 feet from the ground measured from the bottom of the sign One per tenant Notes: Wall signs shall have a max. protrusion of 12 inches, may only be placed on walls facing a public right-of-way. No illumination for awning/canopy/window/door signs or projecting/suspended signs is permitted. 4.06.12 RESIDENTIAL GROUND SIGNAGE STANDARDS Zoning District Square Footage Height Total Number RR, RS-20, RS-15, RS-10, RMF, RMX 20 square feet 6 feet 1 per entrance Notes: 1) Signs are permitted on decorative or retaining walls at entrances to residential developments without limitations to the size of the wall. 2) 5- foot minimum setback from all property lines is required for all ground signs. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4.06.13 NONRESIDENTIAL GROUND SIGNAGE STANDARDS Zoning District *Square Footage *Height Sign Base Total Number of Signs CB 20 square feet 6 feet Monument 1 sign per site O/S 20 square feet 6 feet Monument 1 sign per site NB 20 square feet 12 feet Monument or column 1 sign per street frontage GB, LI, HI 40 square feet 12 feet Monument or column 1 sign per street frontage Notes: 1) Column signs may be single or double mounted and must have a diameter greater than 24 inches. 2) Monument signs must have a base that is at least 75% of the width of the total sign. 3) Monument signs must have a base material of brick, stone or like imitation material. 4) 5-foot min. setback from all property lines is require for all ground signs. *Square footage & height may exceed minimum square footage and height if located in the Highway Overlay District. See Section 4.05.15 for ground sign standards located within the Highway Overlay District. 4.06.14 PERMITTED SIGNAGE ILLUMINATION BY DISTRICT Zoning District External Illumination Internal Illumination RR, RS-15, RS-10, RS-20, RMX, RMF Permitted Not Permitted. O/S, NMX, CB, NC, GB, LI, HI Permitted Permitted Notes: 1) Prohibited lighting: no flashing or intermittent illumination shall be permitted on any adverting sign or structure. 2) Shielding required: any indirect lighting or spot lighting shall require complete shielding of all light sources so as to illuminate only the face of the sign and prevent off-site glare. 3) White light only is permitted. 4) See Section 4.05.15 for illumination standards located within the Highway Overlay District. 4.06.15 STANDARDS FOR SIGNAGE IN THE HIGHWAY OVERLAY DISTRICT A. Signs located within the Highway Overlay District shall meet the following criteria: Development Type Maximum Sign Area Maximum Height • Single-family residential developments • Multi-family developments • All other developments with less than 200 feet of road frontage 40 sq ft 12 feet • All developments with 200 feet or more of road frontage 72 sq ft 20 feet B. The following regulations shall be met in addition to the guidelines in the chart above: 1. All ground signs shall be placed immediately adjacent to the right-of-way boundary, as long as they do not encroach on sight lines. 2. All monument signs shall be double-sided and internally lit. 3. All ground signs shall be free-standing monuments style. 4.06.16. OTHER SIGNAGE REQUIRING PERMITS A. Construction project signs: 1. Permitted districts: all districts. 2. Surface area: 32 square feet maximum. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 3. Time limit: these signs are intended to be temporary and must be removed after completion of construction. B. Sales office signs: 1. Permitted districts: all Residential Districts, only on model home lots used as sales offices for single-family residential subdivisions. 2. Surface area: 32 square feet maximum. 3. Time limit: these signs are intended to be temporary and must be removed after 50% of the lots in the current phase of the development are sold. C. Electronic message boards: 1. Permitted districts: RMX, NMX. O/S, NB, GB, LI & HI. 2. Surface area: electronic message boards may be incorporated into a permitted wall or ground sign only, and shall not comprise more than 50% of the primary sign area. 3. Message variation: the electronic message shall not change in increments of less than seven (7) seconds and shall not scroll. New messages shall be timed to fade in and out slowly. D. Drive-thru menu boards: 1. Permitted districts: GB, NB, CB. 2. Location/placement: menu boards shall be allowed only as an accessory use to a restaurant having a drive-through window. 3. Surface area: 35 square feet maximum. 4. Height: six feet maximum. 4.06.17. GROUND SIGNAGE STANDARDS FOR SITES WITH MULTIPLE BUILDINGS All ground signage for developments with multiple buildings are subject to these provisions: A. Ground signs may be a maximum of 12 feet in height and 100 square feet in sign area. B. Planned developments may have one ground sign per road frontage. C. Outparcels for planned developments may have one ground sign that is a maximum of four feet in height and 35 square feet in sign area. 4.06.18 SIGNS EXEMPT FROM PERMIT REQUIREMENTS A. Governmental signs. Signs posted by various local, state and federal agencies in the performance of their duties such as regulatory signs, welcome signs, government regulatory and direction information and traffic signs. Signs installed under governmental authority which note the donation of buildings, structures or streetscape materials (such as, but not limited to benches, park facilities and the like). B. Flags and the like. Flags or insignia of any nation, organization of nations, state, county or municipality provided the height of any pole shall not exceed the maximum building height for the district. Refer also to the United States Flag Code for usage of the United States flag. C. Temporary holiday decorations. Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday/celebration. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com D. Building marker signs. A sign cut or etched into masonry, bronze or similar material on a building which denotes only the building name, date of erection or street number. E. Legal and warning signs. Signs erected to warn of danger or hazardous conditions such as signs erected by public utility companies or construction companies. 1. Signs required for or specifically authorized for a public purpose by any law, statute or ordinance. 2. Signs that display information pertinent to the safety or legal responsibilities of the general public with regard to a particular piece of property shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign. F. Occupant/street number signs. Signs not exceeding two square feet and not illuminated, bearing property numbers, post office box numbers, names of occupants or other identification of premises not having commercial connotations. 1. All such signs must be placed in such a manner as to be visible from the street. 2. Unit identification numbers shall be located on the front wall within 18 inches of the entrance, or if not feasible architecturally, prominently displayed on the building. Unit numbers for residential dwellings only may, in lieu of being located on the front wall, be located on the mail boxes or similar-sized surface attached thereto. Multi-family and other residential facilities which are comprised of courts or units not fronting a public street must be located on identification signs containing the name of the court, street or way and the unit numbers on each private entrance. G. Vending machine/automatic teller and gasoline pump signs. Signs attached to and made an integral part of a vending machine, automatic teller machine or gasoline pump if advertising or giving information about the products or services dispensed or vended by that machine. H. Directional signs on private property. Directional signs must be located on the premises to which directions are indicated. 1. Such signs may not exceed three feet in height if freestanding. 2. Directional signs may not exceed four square feet per face. 3. Such signs may contain no copy (such as, company name or logo) other than directional information. 4. Illumination of such signs shall be as permitted for on-premises signs in the land development district where the sign is located. 5. No more than two signs per entrance or exit shall be permitted. I. Gas pump island signs. Portable signs associated with gasoline stations, specifically those denoting gasoline prices, gas types and other petroleum related signage. Such signs must be located at the pump island. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com J. Incidental signs. Signs containing information necessary or convenient for persons coming onto a premises shall be located on the premises to which the information pertains. 1. No advertising may be affixed to such a sign. 2. Such signs must be single-faced only and wholly attached to a building (may be located on windows or doors). K. Real estate signs. Only one sign is allowed per street frontage. 1. Such signs may not be illuminated. 2. Such signs may be no greater than four square feet in area (all types of signs) and four feet in height (if freestanding) when located on a residential property less than two acres. 3. Such signs may be no greater than 16 square feet in area (all types of signs) and eight feet in height (if freestanding) for non-residential properties or residential properties exceeding two acres. 4. Real estate signs shall be removed within one day after the closing of the sale, rental or lease of the property. L. Political signs. Political signs shall not be located on any trees, utility poles, publicly-owned property or within a public street right-of-way, except within NCDOT right-of-way according to the standards of NCGS 136-32. M. Temporary signs; special event signs. Signs may be erected for promoting special events as follows: 1. Signs for public events may be displayed for a period of 30 days and may be allowed on-or off-premises. Such signs shall be removed within seven days of the end of the special event. 2. Such signs shall not be illuminated. 3. Such signs are limited to 32 square feet in area per display surface and four feet in height. N. Yard sale signs. Such signs may be located on-premises only and may not be located within a public right-of-way nor placed on a tree, street sign or utility pole. 1. Such signs may not be illuminated. 2. Yard sale signs are limited to four square feet in area and four feet in height. 3. One yard sale sign is allowed per street frontage. 4. Such signs must be removed within seven days of erection. O. Grand Opening Signs. Temporary or portable grand opening signs may be permitted in the NB, CB, GB and O/S Districts for a period of not over 30 days per calendar year to any person(s) or corporation that has opened a new business. Grand Opening Signs include pennants, ribbons, streamers, balloons and/or spinners. P. One “open” sign per tenant. 1. May have a neon light source. 2. Permitted districts: CB, NB & GB. 3. Not exceeding 15 watts and two square feet. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Q. Fence Wrapping. Fence wraps displaying signage when affixed to perimeter fencing on construction sites, as described by NCGS 160A-381(j), shall be exempt from the requirements of this ordinance and allowed to remain until: 1. A final Certificate of Occupancy is issued, or 2. 24 months has elapsed from when the signage was installed, whichever is shorter. 4.06.19 PROHIBITED SIGNS A. Off-premises signs. All off-premises signs unless specifically allowed elsewhere in this ordinance are prohibited. B. Animated/flashing signs or signs of illusion. Except for otherwise approved time and temperature signs, signs displaying blinking, flashing or intermittent lights, animation, and moving parts or signs giving the illusion of movement are prohibited. Time and temperature signs that rotate or move are not permitted. C. Signs resembling official signs. Any sign that imitates an official governmental sign, or violates the law of the state relating to outdoor advertising, is prohibited. D. Signs resembling traffic signals. Any sign which by color, location or nature may be confused with official highway signs, warning signs, traffic signals or other regulatory devices are prohibited. 1. Any sign that uses the word “stop”, “slow”, “caution”, “danger”, or any other word which is likely to be confused with traffic directional and regulatory signs is prohibited. 2. Any sign located in a manner or place which might constitute a traffic hazard is prohibited. E. Signs on roadside appurtenances. Signs attached to or painted on utility poles, telephone poles, trees, parking meters, bridges and overpasses, rocks, other signs, benches and refuse containers, and the like are prohibited unless specifically allowed elsewhere in this ordinance. F. Abandoned signs or sign structures. Signs that advertise an activity or business no longer conducted on the property on which the sign is located are prohibited. Conforming signs designed for changeable copy may be covered instead of removed. 1. Sign structures on which no sign is erected are prohibited. 2. Such signs or sign structures must be removed within 30 days of becoming an abandoned sign or sign structure. G. Signs obstructing access. Any sign that obstructs free ingress or egress from a driveway or a required window, door, fire escape, stairway, ladder or other required opening is prohibited. H. Signs with exposed electrical wiring. All wiring shall be contained in conduit or enclosed in poles or raceways. In no case shall the wiring be exposed to the public. I. Signs on public property. Any sign installed or placed on public property or within a public right-of-way, including any sign held by or otherwise displayed 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com upon a person. Such sign shall be forfeited to the public and is subject to confiscation and disposal. In addition to other remedies hereunder, the Administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 4.06.20 MAINTENANCE OF SIGNS Signs shall be kept in proper repair. The following maintenance requirements must be observed for all signs visible from any public street or highway within the jurisdiction of the town. A. Surface appearance. No sign shall have more than 20% of its surface area covered with disfigured, cracked, ripped or peeling paint or poster paper for a period of more than 30 successive days. B. Broken displays. No sign shall remain with a bent or broken display area, broken supports, loose appendages or struts or stand more than 15 degrees from the perpendicular for a period of more than 30 successive days. C. Illuminated signs. No indirect or internally illuminated sign shall have only partial illumination for a period of more than 30 successive days. 4.06.21 INSPECTION AND ENFORCEMENT All signs for which a permit is required shall be subject to inspection by the town. A representative of the town shall be authorized to enter at all reasonable times upon any property or premises to ascertain whether the provisions of the code are being obeyed. The town may order the removal of any sign that is not in accordance with the provisions of the code. 4.06.22 SUBSTANDARD SIGNS A. The owners of any sign judged substandard by the Administrator shall be notified in writing and the said owner shall have 30 days in which to make repairs. If the said order is not complied with within 30 days, the Administrator shall remove such sign at the expense of the owner or lessee thereof plus all legal and administrative fees. B. Any sign installed or placed on public property or within a public right-of-way shall be forfeited to the public and is subject to confiscation and disposal. In addition to other remedies hereunder, the Administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 4.06.23 SIGNS PERMITTED IN ALLOWANCE, REMOVAL, RELOCATION, RECONSTRUCTION OF NONCONFORMING OFF-PREMISE ADVERTISING SIGNS A. New signs limited. No new outdoor advertising signs shall be permitted in the town except for outdoor advertising signs that are removed, relocated, or reconstructed pursuant to the requirements of this section. B. Qualified signs. A sign with an existing valid permit from the State Department of Transportation and the town. A sign may also qualify if erected prior to applicable zoning regulations. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com C. Removal/replacement/reconstruction. Any relocated and/or reconstructed qualified sign shall comply with the following standards: 1. The total number of relocated and/or reconstructed signs shall not exceed the number of qualified sign structures and sign faces that are registered as qualified signs. 2. No outdoor advertising sign shall exhibit a face panel size greater than 300 square feet per side or the size of the face panel being relocated and/or reconstructed, whichever is smaller. 3. A relocated and/or reconstructed qualified sign shall be set back no less than ten feet from the edge of the right-of-way. 4. A relocated and/or reconstructed qualified sign shall not exceed 40 feet in height or the existing height, whichever is shorter. 5. A relocated and/or reconstructed qualified sign shall be a column sign. Replaced signs shall not be attached to any building. A relocated and/or reconstructed sign is limited to only have one face per side. 6. Light emitted from any reconstructed qualified sign shall be confined to the sign area and in no case shall light emitted from a billboard be allowed to shine directly onto or into a residentially zoned or used property. Section 4.07 Lighting The provisions contained in this section shall be known and may be cited as the Lillington Lighting Code. 4.07.1 PURPOSE The standards set forth in this section are designed to focus on the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood. It is the intent of this section to: A. Minimize light pollution, such as glare and light trespass. B. Conserve energy and resources. C. Maintain night-time safety and utility. D. Improve the night-time visual environment. 4.07.2 APPLICABILITY All applications for site plan review, special use, subdivision and/or building permits shall include lighting plans showing location, type, height and lumen output of all proposed and existing fixtures. The applicant shall provide enough information to verify that lighting conforms to the provisions of this lighting code. The Administrator shall have the authority to request additional information in order to achieve the purposes of this Lighting Code. 4.07.3 PROHIBITIONS AND EXEMPTIONS A. Prohibitions. The following lighting types shall be prohibited: 1. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited. 2. The operation of searchlights for advertising purposes is prohibited. 3. Site lighting that may be confused with warning, emergency, or traffic signals is prohibited. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4. lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 5. Awnings and canopies used for building accents over doors, windows, and etc. shall not be internally lit (i.e. from underneath or behind) so as to visually turn a translucent material into an internally illuminated material. Lighting may be installed under canopies that light the sidewalk, or downlights onto the architectural features of a building. B. Exemptions. The following exemptions shall be granted from the requirements of this section: 1. Luminaires used for public-roadway illumination may be installed at a maximum height of 37 feet and may be positioned at that height up to the edge of any bordering property. 2. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this ordinance. 3. All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this Article, except that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task. 4. Individual residential lighting that is not part of a site plan or subdivision plan for street or other common or public area outdoor lighting. 5. Lighting associated with holiday, festival or other temporary uses permitted in this ordinance. 6. Lighting of public art that has been permitted or otherwise approved by the town. 7. Other Municipal or State lighting installed for the benefit of public health, safety, and welfare. 8. All fixtures installed or temporarily used by public agencies, their agents, or contractors for the purpose of illuminating public streets. 9. Lighting of US and North Carolina State Flags provided the flag standard does not exceed the maximum permitted building height for that district. 4.07.4 GENERAL DESIGN STANDARDS A. Background spaces such as parking lots and driveways shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. B. Foreground spaces, such as building entrances and plaza seating areas, shall utilize lighting that defines, highlights, or enhances the space without glare. C. The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. D. Light poles and fixtures shall be of a matte or low-gloss grey, black, dark earthen, or bronze finish, unless permission is granted by the Administrator for a special color scheme or theme. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com E. Light sources must be compatible with the light produced by surrounding uses and must produce an unobtrusive degree of brightness in both illumination levels and color temperature. F. Natural areas and natural features shall be protected from light spillage from off-site sources. G. All exterior lighting, on or off a building, shall be either amber or white in color with the exception of low-light output (800 lumens or lower) landscaping or other decorative lighting, signage lighting, or customer entrance or service area lights aiming down and installed under a canopy or similar roof structure. 4.07.5 DISTRICT LIGHTING STANDARDS IN FOOTCANDLES A. Maximum lighting levels shall adhere to the standards in the chart below. All numerical values in the chart below represent measurements in footcandles. RR, RS-15, RS- 20, RS-10 RMF, RMX NMX, O/S, CB, NB GB, LI, HI Light Trespass Off Property 0.1 0.3 0.8 1 Display/Canopy Area 8 12 20 20 Parking Areas 4 4 6 6 All other on-site Lighting 4 6 10 10 1. The values in the preceding chart for “All Other On-Site Lighting” and “Display/Canopy Areas” shall represent the maximum point of illuminance measured at grade in footcandles. a. Exception: Outdoor display lots for vehicle sales and leasing may exceed 20 foot-candles if outdoor white lighting is cut off, leaving only security lighting that is amber in color (a temperature rating equal to or less than 2,700 Kelvin), after closing or 11:00 p.m., whichever comes earlier. 2. The values of the preceding chart for the “Light Trespass Off Property” shall represent the maximum point of illuminance as measure at the property line in footcandles. a. Exception: In the case of buildings closer than 10 feet to the property line using only wall packs, light trespass may be greater than one foot- candle as long as the wall packs are fully shielded to direct the light downward, have a light output of 1,600 lumens or lower, and the light source (lamp) is not visible from off-site. 3. The values of the preceding chart for “Parking Areas” shall represent the average point of horizontal illuminance measured in footcandles, provided that in all districts the maximum uniformity ratio shall be 4:1 minimum to average. 4.07.6 CONTROL OF GLARE A. Pole light fixtures shall have a flat lens oriented horizontally or have shields installed on each side of the fixture to hide the lens. B. Any luminaire shall be a full-cutoff type fixture. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com C. Any luminaire shall be mounted at a height equal to or less than 30 feet above finished grade. D. The maximum mounting height of all outdoor lighting with a 90 or less degree cutoff fixture shall be 30 feet. The maximum mounting height of all outdoor lighting without a full 90 degree or less cut-off fixture shall be 16 feet. Poles may be mounted on a concrete pier of no more than 3 feet in height. E. Poles shall be matte or low-gloss finish to minimize glare from the light source. F. Other than floodlights, flood lamps, and spotlights all outdoor lighting fixtures of more than 2,000 lumens shall be full-cutoff type fixtures. Any fixture that is not full-cut off shall be a directional fixture (such as flood lights) and may be used provided they shall be aimed and fully shielded to prevent light spillage. G. Exceptions. 1. Non-cutoff decorative post-mounted fixtures equipped with a solid top and mounted 18 feet or less above ground and other non-cutoff dusk to dawn utility type fixtures mounted 25 feet or less may be used. The maximum initial lumens generated by each fixture shall not exceed 9500 initial lamp lumens. 2. All metal halide, mercury vapor, fluorescent, and other white-colored light source lamps used in non-cutoff fixtures (excluding flood lights) shall be coated with an internal white frosting inside the outer lamp envelope. 4.07.7 SECURITY LIGHTING A. Unshielded flood lights and spotlights, installed for security and activated by motion sensor, are permitted. These unshielded lights must be mounted and aimed in a manner that minimizes up-lighting and light trespass. B. All floodlights shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical. All flood or spot lamps emitting 1,000 or more lumens shall be aimed at least 60 degrees down from vertical or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way. C. Flood lights and display lights shall be positioned such that any such fixture located within 50 feet of a public street right-of-way is mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way. 4.07.8 LANDSCAPE LIGHTING Landscape and decorative lighting using incandescent lighting with a light output of 800 lumens or less is permitted, provided that the light is installed and aimed to prevent lighting build up and light trespass and shielded to prevent view from the public right of way. 4.07.9 OUTDOOR RECREATIONAL LIGHTING Because of their unique requirements for nighttime visibility and their limited hours of operation, ball fields, basketball courts, tennis courts, outdoor performance areas and similar recreational uses are exempt from the exterior lighting standards provided above. However, these uses shall adhere to the requirements below. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com A. Outdoor recreational lighting shall not exceed a maximum permitted post height of 80 feet. The Administrator may set a shorter maximum pole height if the specific recreational use does not require the taller pole. B. Lights shall be shielded and positioned so as not to shine onto adjacent roadways or properties. C. All fixtures shall be fully shielded or be designed or provided with Manufacturer’s Glare Control Package, so as to minimize up-light, spill-light, and glare. D. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted. The maximum permitted illumination at the property or right-of-way line shall not exceed 2 foot-candles and all lights, except for any amber color (a temperature rating equal to or less than 2,700 Kelvin) security lights, shall be cut off after use. 4.07.10 STREET LIGHTING A. Street lighting shall be placed on all streets to allow for the safe use of streets by both cars and pedestrians. All street lighting shall be placed in accordance with the standards of the Lillington Public Works Department or the standards in the most recent edition of the Illumination Engineering Society of North America, “Lighting Handbook.” B. Pedestrian scaled lighting (no taller than 18 feet) shall be required in the NMX, CB, O/S, and NB districts using decorative fixtures of a similar character to those existing in these districts (see images at left). C. Pedestrian-scaled lighting (no taller than 18 feet) shall be prioritized over automobile lighting in all districts. Lighting shall be placed in a manner to limit the casting of shadows on sidewalks. D. All street lights shall utilize a cutoff fixture. Where buildings are close to the street (less than 15 feet from the right-of-way), full cutoff fixtures are required to limit glare and light spillage on upper levels. E. Alleys are excluded from the spacing and lighting requirements of this section. 4.07.11 ADDITIONAL LIGHTING USE REGULATIONS FOR SPECIFIC AREAS A. Building Façade Lighting 1. Floodlights, spotlights, or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. 2. On-site lighting may be used to accent architectural elements but not used to illuminate entire building(s). 3. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4. Building facade and accent lighting will not be approved unless the light fixtures are selected, located, aimed, and shielded so that light is directed only onto the intended target and spillover light is minimized. 5. Wall packs on buildings may be used at entrances to a building to light unsafe areas, but must be fully shielded to direct the light downward, must have a light output of 1,600 lumens or lower, and the light source shall not be visible from off-site. B. Outdoor Display Areas. The mounting height of outdoor display area fixtures shall not exceed 30 feet above finished grade. C. Lighting for Vehicular Canopies. Lighting under vehicular canopies shall be designed so as not to create glare off-site. Acceptable methods include one or more of the following: 1. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the vehicular canopy. 2. Surface mounted fixture incorporating a flat lens that provides a cutoff or shielded light distribution. 3. Other methods approved by the Administrator. 4.07.12 COMPLIANCE A. Lighting plans required as part of a site construction plan shall include, at a minimum, the following information: 1. Point-by-point footcandle arrays in a printout format indicating the location and aiming of illuminating devices. The printout shall indicate compliance with the maximum maintained footcandles required by this ordinance. 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices (including but not limited to manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indicating fixture classification [cutoff fixture, wall pack, flood light, etc.]). 3. After installation of on-site lighting, a certification of compliance statement must be submitted to the Administrator prior to the issuance of a Certificate of Occupancy. B. Subsequent phases of an entire development shall have a uniform design plan for lighting and fixtures. New phases must meet all requirements in effect at the time of obtaining a permit, but lighting plans must consider preexisting lighting in earlier phases, both in design and intensity of light. SECTION 4.08 OPEN SPACE STANDARDS This section shall be referred to as the Lillington Open Space Standards or open space standards. 4.08.1 USABLE OPEN SPACE (PARK SPACE) REQUIRED A. Except as provided in paragraph (F) of this section, every single-family residential (attached & detached) development shall be developed so that at least three (3) percent of the total area of the development remains permanently as usable open space. Multi-family developments shall provide a minimum of five (5) percent usable open space. See Section 4.09.06 – Multi- 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Family Development Standards for additional opens space and amenity requirements for Multi-family developments. B. For purposes of this section, usable open space means an area that: 1. Is not encumbered with any substantial structure; 2. Is not devoted to use as a roadway, parking area, or sidewalk, provided, however that multi-use trails may be counted towards required open space; 3. Reflects the character of the land as of the date development began. Wooded areas shall be left in their natural or undisturbed state except for the cutting of trails for walking, bicycling or jogging. Areas not wooded shall be landscaped for open play fields, picnic areas or similar facilities, or be properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives of this section; 4. Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; 5. Is part of an independent Lot shown on the plan as being reserved for open space; and 6. Is legally and practicably accessible to the residents of the development from which the required open space subdivided or to the public if the open space is dedicated to the Town. C. Usable Open Space shall include: Greenway/Park: A natural preserve available for unstructured recreation. Its landscape shall consist of paths and trails, meadows, waterbodies, woodland and open shelters, all naturalistically disposed. Parks may be linear, following the trajectories of natural corridors (greenways). The size shall be .5 – 5 acres (except greenways where there is no minimum). Green: An open space available for unstructured recreation. A Green may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. For the purposes of this section, standalone dog parks shall be considered a variation of the Green park type. The minimum size shall be .5 acres. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Squares: An open space available for unstructured recreation and civic purposes. A Square is spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at intersections. The minimum size shall be .25 acre and the maximum shall be 2 acres. Playgrounds: An open space designed and equipped for the recreation of children. Playgrounds shall be interspersed within residential areas and may be placed within a block. There shall be no minimum or maximum size. Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Community gardens should accommodate individual storage sheds. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com D. Location & Visibility. 1. Land for usable open space (park space) shall be centrally and internally located as to serve the needs of the residents of the neighborhood. 2. Usable open space (park space) shall serve as focal points for developments. 3. All usable open space (park space) shall be conveniently accessible to all residents of the development and shall have at least 20 feet of frontage on at least one public street within the development. 4. No residential unit within a development shall be further than ¼ mile, as measured along a street or pedestrian path, from usable space (park space) or other publicly accessible park facility. 5. All usable open space (park space) shall be visible from dwelling units that are adjacent to the park area. This includes dwelling units on properties that share a property boundary with the park space or front the park space from directly across a street. E. Minimum Amenities within Usable Open Space. 1. Required usable open space (park space) shall be planned, improved, and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and shall contain two (2) or more of the following amenities: landscaping, walls or pathways, fences, walks, lighting and electricity, fountains, ball fields, and/or playground equipment. 2. Public Seating: Provide seating areas appropriate to the intended use of the park space (e.g., park benches and durable theft/vandalism-resistant chairs and garden wall seats). 3. Trash Receptacle: At least one (1) garbage receptacle shall be required for each park space. 4. Bicycle Parking: At least two (2) bicycle parking spaces shall be required for every one-quarter acre of park space and every ½ mile of greenway. 5. Minimum Amenities - Playground per 4.08.1.C: Playground equipment shall be equivalent to the standards established by the Consumer Products Safety Commission and ASTM for playgrounds. 6. Minimum Amenities - Greenway per 4.08.1.C: A greenway path is credited toward the minimum park space dedication requirement at a rate equal to the length of the path times 20 feet in width. The minimum width of the paved path shall be 10 feet. F. Credit for Proximity to Existing Park Space. Developments that are proximate to an existing town-owned, publicly-accessible park space may count all such lands in their park space dedication requirement up to 25% of the required total, subject to the provisions below. 1. The existing park or parks must be within ½ mile of the development, as measured along a road or pedestrian path, to be considered proximate. 2. Adequate pedestrian access from the development to the existing park space must be provided as determined by the Administrator. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com G. Credit for Neighborhood Amenities. Developments that provide neighborhood amenity facilities will receive a credit of 25% of the required total, subject to the provisions below. 1. The facilities are open to all residents of the neighborhood and are not subject to a private membership separate from any related POA dues. 2. Such facilities shall, at a minimum, include a clubhouse a minimum of 800 square feet and either tennis courts (minimum of 2 courts) or a pool (a minimum of 2,000 square feet in water surface area). H. The following areas shall not count toward common open space set-aside requirements: 1. Private Lots, yards, balconies and patios dedicated for use by a specific dwelling unit; 2. Electric or gas transmission line rights-of-way; 3. Public right-of-way or private streets and drives; 4. Open parking areas and driveways for dwellings; 5. Land covered by structures except for ancillary structures associated with the use of the open space such as gazebos and picnic shelters; 6. Designated outdoor storage areas; 7. Land areas between buildings of less than forty (40) feet; 8. Land areas between buildings and parking lots or driveways of less than forty (40) feet in width; 9. Required setbacks; and 10. Detention/retention facilities except as permitted by the Administrator. I. Subdivided residential developments of less than twenty-five (25) dwelling units are exempt from the requirements of this section unless the Town agrees that it will accept an offer of dedication of such open space and in that case the offer of dedication shall be made. 4.08.2 OWNERSHIP AND MAINTENANCE OF RECREATIONAL AREAS AND REQUIRED OPEN SPACE: A. Open space required to be provided by the applicant in accordance with these open space standards shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a property owner’s association or similar organization that satisfies the criteria established in Article 5 – Subdivisions & Infrastructure. Open space shall be designated as an independent lot on the plat and shall be noted as being reserved for their intended purposes. B. The person or entity identified in paragraph (A) as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same. C. Open space may be dedicated to a registered land trust, if approved by the Board of Commissioners. 4.08.3 DEDICATION OF OPEN SPACE A. If any portion of any lot proposed for development lies within an area designated on the officially adopted Comprehensive Parks Master Plan as a 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com public park or part of the public greenway system, the area so designated (not exceeding three percent of the total lot area) shall be included as part of the area set aside to satisfy the requirement of this section. This area shall be dedicated to public use. B. If more than three percent of a lot proposed for development lies within an area designated as provided in paragraph (A), the Town may attempt to acquire the additional land in the following manner: 1. The applicant may voluntarily dedicate the additional land to the Town; 2. The applicant may be encouraged to develop an integrated subdivision, cluster subdivision or some other applicable development pattern and to dedicate the common open space created thereby; or 3. The Town may purchase or condemn the land. 4.07.4 FLEXIBILITY IN ADMINISTRATION AUTHORIZED A. The requirements set forth in this article concerning the amount, size, location and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Board of Commissioners as standards that presumptively will result in the provision of that amount of recreational facilities an open space that is consistent with officially adopted Town Plans. The Board of Commissioners recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit issuing authority is authorized to permit minor deviations from these standards whenever it determines that: 1. The objectives underlying these standards can be met without strict adherence to them; and 2. Because of peculiarities in the applicant's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards. B. Whenever the Permit Issuing Authority approves a deviation from these open space standards pursuant to paragraph (A), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 4.07.5 OPEN SPACE LINKAGES Where a trail, natural area or public park is dedicated to or acquired by the Town, such area may be credited toward the minimum amount of common open space required. 4.07.6 NATURAL OPEN SPACE REQUIRED A. Every single-family residential development shall be developed so that at least 5 percent of the total area of the development remains as natural open space. B. Every multi-family development shall be developed so that a minimum of ten (10) percent of the total site remains as natural open space. See Section 4.09.06 – Multi-Family Development Standards for additional opens space requirements for Multi-family developments. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com C. See Section 5.13.3 for regulations related to Cluster Subdivisions and Developments. 4.07.7 NATURAL OPEN SPACE DESIGN CRITERIA All required open space shall meet the following design criteria, as applicable: A. Water bodies, retention areas, detention basins and wetlands basins, may constitute up to forty (40) percent of required open space, provided that retention facilities are designed to provide safe access to water. Unless otherwise approved by the Board of Commissioners, side slopes to retention facilities shall provide at least six (6) feet of horizontal run for each foot of vertical rise. B. At least thirty (30) percent of required open space must be dry land with a slope of less than ten (10) percent unless otherwise approved the Board of Commissioners. C. Unless otherwise approved by the Board of Commissioners, open space shall be continuous, contiguous with open space on abutting properties and accessible to the public. 4.07.8 CONNECTIVITY REQUIRED To the maximum extent practicable, common open space shall be organized to create integrated systems of open space that connect with the following types of lands located within or adjacent to the development: A. Dedicated public park or greenway lands; B. Dedicated school sites; C. Other dedicated open spaces; D. Common open space located adjacent to the development; E. Portions of the regional trail and open space system; 4.07.9 OWNERSHIP & MAINTENANCE The designated common open space and common facilities are outlined in Section 5.16 of this ordinance. SECTION 4.09 LANDSCAPING AND BUFFERING This section shall be known as the Town of Lillington Landscaping Code or Landscaping Code. 4.08.1 FINDINGS AND PURPOSE The standards established in this ordinance are intended to preserve, protect, restore and enhance the aesthetic appeal and scenic beauty of this town; provide adequate buffering between land uses; reduce noise and air pollution; reduce stormwater run-off; filter and reduce glare from artificial light sources; provide shaded areas along streets, sidewalks and in parking lots; provide a continuity of vegetation throughout the town; encourage the preservation of existing trees and vegetation; safeguard and enhance property values; and protect the public health, safety and general welfare. 4.08.2 APPLICABILITY The landscaping and buffering standards of this section shall apply to the following: 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com A. All new developments (except for infill single-family detached) shall be designed in accordance with the requirements of this article. B. See Section 8.02.1 for all other non-conforming standards. 4.08.3 STREET TREES A. Street trees are an essential part of the town streetscape. The Town seeks to maintain existing trees where possible and to encourage the planting and continuance of the established street tree patterns. B. To accomplish this objective, the following shall apply: 1. All subdivisions and developments subject to site plan approval shall provide street trees along their frontage with adjacent public streets in conjunction with low growing vegetation as outlined in any specific streetyard requirements . 2. Street trees and other associated plantings shall be selected from the list of large trees, or, where power lines are located, small trees, low growing, and mid-story vegetation, included in Appendix A. 3. Planting strips shall be a minimum of ten (10) feet wide unless otherwise specified. 4. Planting location shall take into consideration planned roadway widening, public safety, standard drainage requirements and maintenance of sight distances for traffic safety. Street trees may be planted within the right-of-way, within planting strip abutting the right- of-way or other location approved by the Permit Issuing Authority. C. Street trees, unless subject to overhead power lines, shall be planted at the rate of one (1) three-inch caliper tree per thirty (30) feet of property line abutting a public street, excluding driveways and traffic visibility zones. This rate may be varied based upon existing trees and the crowns of planted trees. D. Trees used to meet buffer and vehicle use area requirements, may be used to meet the street requirements to the extent that the trees are located within twenty-five (25) feet of a street. 4.08.4 BUFFER YARD REQUIREMENTS Buffers provide compatible transitions between differing land uses, reduce the visual impacts of development and retain existing plant materials. A. Buffers are required along the common property lines between Developments and those areas that abut public rights-of-way, private ingress/egress easements, railway easements, different zoning districts, or between developments of different uses as established in this section. B. Buffer yard planting areas must provide a continuous mulched line. The balance of the buffer yard shall be sodded and maintained in good condition. C. The chart below establishes the minimum buffer widths for proposed development. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Adjacent Zoning District District of Proposed Development RR, RS-20, RS-15, RS-10 RMX, RMF O/S, NB NMX, CB GB LI, HI RR, RS-20, RS-15, RS-10 None None B None A A RMX, RMF C None None None A A O/S, NB B C None None None None NMX, CB C C None None None None GB A A B C None None LI, HI A A A A B None A = Type A Buffer B = Type B Buffer C = Type C Buffer 4.08.5 BUFFER YARD COMPOSITION The required buffer yard types may be established using a combination of yard widths, evergreen trees, canopy trees, understory trees, shrubs, fences, walls, and berms. The following tables illustrate the required elements for each buffer yard type. A. Type A Buffer: The intent of the Type A Buffer is to create a completely opaque buffer, having no horizontal openings from the ground to a height of 8 feet within 2 years of planting. Type A buffers can be achieved in 3 ways: Type A Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 40’ 4 Evergreen Trees 4 Canopy Trees 4 Understory Trees 48 Shrubs Not Required Option 2 30’ 2 Evergreen Trees 1 Canopy Trees 2 Understory Trees 12 Shrubs Berm Option 3 20’ 1 Evergreen Trees 1 Canopy Trees 3 Understory Trees 12 Shrubs Fence or Wall B. Type B Buffer: The intent of the Type B Buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 10% of the total width, from the ground to a height of 8 feet within 2 years of planting. A Type B Buffer can be achieved in 2 ways as specified below. Type B Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 20’ 2 Evergreen Trees 1 Canopy Trees 2 Understory Trees 12 Shrubs Not Required Option 2 10’ 1 Evergreen Trees 1 Canopy Trees 3 Understory Trees 24 Shrubs Berm 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com C. Type C Buffer: The intent of the Type C Buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 25% of the total width, from the ground to a height of 6 feet within 2 years of planting. A Type C Buffer can be achieved in 2 ways as specified below. Type C Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 20’ 1 Canopy Trees 2 Understory Trees 8 Shrubs Not Required Option 2 10’ 2 Canopy Trees 2 Understory Trees 12 Shrubs Not Required 4.08.6 ADDITIONS TO BUFFERS AND SCREENING When it is determined that the conflict of land use is so great that the public safety is not served adequately by the minimum buffer and screening requirements, or where there is a need to prevent a high degree of visual, audio, or physical disorders, then the Administrator may require the installation of fencing or earthen berms in addition to the minimum required buffers and screening, according to the standards below. A. Fencing or Walls. Where required as part of a buffer yard, fencing or walls must adhere to the provisions below. Nothing in this section shall prohibit the owner of a single-family dwelling from constructing a separate fence along the borders of such property, provided that all required buffer plantings are maintained. 1. In all cases, the finished side of the fence must face the use with the lower intensity. 2. Permitted fence or wall materials include masonry, stone, architectural block, stucco on masonry, metal elements, or other similar of solid appearance. 3. The design of fencing or walls shall be sufficient to meet the extent of physical screening required by the Administrator. 4. Fencing that is required as a component of a buffer yard must contain elements that are architectural in nature. A detailed fencing plan must be submitted and approved in conjunction with all development projects. Masonry pillars, scalloping of fencing materials, and decorative design are example of such elements. 5. The height of the fence shall be determined by the Administrator based on the following variables: site conditions; topography; use; and/or building height. The minimum height of a fence or wall required by this section shall be 6 feet. B. Berms. Earthen berms may be required in combination with plant material and fencing for the purposes of screening. Berms shall be tapered appropriately to allow for practical maintenance. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 1. The slope of all berms shall not exceed a 2:1 ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of 6 feet above the toe of the berm. 2. All berms regardless of size, shall be stabilized. Topsoils brought in for mounds are to be mixed with native soil to avoid interfacing problems. 3. Berms shall be constructed as to provide adequate sight distances at intersections and along all roads. 4. Berms proposed to satisfy the screening requirements of this section shall be vegetated as required by this section. Use of berms as a substitute for existing healthy vegetation is strongly discouraged. 4.08.7 STREETYARD BUFFERING FOR DEVELOPMENT PROJECTS A. All subdivisions of property not qualified according to the criteria in Article 7 – Administration and Development Processes are required install a streetyard buffer. B. Buffers for subdivision projects subject to site plan approval are required to be designed and installed as a type A, option 2 buffer yard pursuant to the specific streetyard buffering criteria located in sections 4.08.5 and 5.10.7. C. All other development projects not qualified as a minor subdivision as described above will be required to design and install at minimum, a type C option 2 buffer yard pursuant to the specific streetyard buffering criteria located in sections 4.08.5 and 5.10.7. 4.08.8 VEHICULAR USE AREA SCREENING & LANDSCAPING A. All off-street parking, loading areas, and service areas adjacent to and/or visible from a public right-of-way and adjacent properties shall be screened from view by use of one or more of the following: • A building or buildings; • A change in topography; • A planting area a minimum of 8 feet wide planted with evergreen shrubbery placed a maximum of 5 feet on center. All shrubs shall achieve a height of 4 feet within 3 years. • Fencing, walls, or berms. B. In addition to screening requirements, canopy trees shall be installed in planting areas within parking lots to provide shade coverage for all parking spaces within vehicle service areas. Such planting areas shall meet the following requirements: 1. Planting Area Size: The minimum size of a planting area is dependent upon the number of canopy trees planted within it, as described below: Number of Canopy Trees in Planting Area Minimum Size of Planting Area 1 400 square feet 2 700 square feet 3 or more 300 square feet per tree 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 2. Planting Area Width: A minimum horizontal dimension of 9 feet measured from back of curb, pavement, sidewalk or other separating structure is required for all planting areas. 3. Planting Strip Location: A continuous linear planting strip shall be provided between each 2 parking bays. 4. Minimum Spacing: All parking spaces, or portions thereof, shall be within 60 feet of a planted canopy tree trunk. 5. Groundcover: Each planting area shall be landscaped with mulch, groundcover, or shrubs to protect against soil erosion. 6. Barriers or Wheel Stops: Barriers, such as wheel stops or 6-inch standard curbs, must be provided between vehicular use areas and landscaped areas. 7. Conflict with Parking Lot Lighting: Trees shall be located and planted so as not to diminish the effectiveness of required parking lot lighting, and in no instance shall lighting be located closer than 15 feet to canopy trees and 8 feet to understory trees. 4.08.9 DUMPSTERS AND MECHANICAL UTILITIES SCREENING A. All dumpsters, loading docks, outdoor storage areas and utility structures, which are visible from a public street or adjacent property line, shall be screened unless already screened by an intervening buffer yard. Such equipment shall be considered out of view if it is within the 45 degree angles projected from the building edges. B. Screening shall consist of evergreen shrubs, fencing, walls or berms, and shall comply with all other standards of this section. C. All screening of utilities shall comply with the requirements of the utility provider. D. Where possible, enclosures for dumpsters are encouraged to be constructed with materials that are compatible with the design and materials of the principal building. Screening may be created through the use of: 1. Solid-wood fence, or fabricated metal fence, each with shrub plantings placed around the enclosure (they do not need to completely screen the enclosure) that grow as high, or nearly as high, as the fence to provide an attractive separation, or 2. Brick fence, brick/split face block, or decorative block (plantings not required). 4.08.10 GENERAL INSTALLATION AND MAINTENANCE STANDARDS It shall be the responsibility of the property owner(s) or assigned caretakers to ensure that all regulated landscaped areas, buffers, fencing, and tree save areas are installed, preserved, and maintained in good growing conditions, appearance, and usefulness. Damage and disturbances to these areas shall result in vegetation replacement and/or fines and other penalties. Preservation and maintenance shall include: 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com A. Any dead, unhealthy, or missing vegetation, shall be replaced with vegetation that conforms to the standards of this section and the approved site and/or subdivision plan. B. All required buffers, streetyards, vehicular use areas, tree save areas and other landscaped areas shall be free of refuse and debris, shall be treated for pest/diseases in accordance with the approved site and/or subdivision plan, and shall be maintained as to prevent mulch, straw, dirt, or other materials from washing onto streets and sidewalks. C. The owner(s) shall take actions to protect all plant material from damage during all facility and site maintenance operations. All plant material must be maintained in a way that does not obstruct sight distances at roadways and intersections, obstruct traffic signs or devices, and interfere with the use of sidewalks or pedestrian trails. Plant material, whether located within buffers, tree save areas, or within planted areas (required by the site and/or subdivision plan) shall not be removed, damaged, cut or severely pruned so that their intended form is impaired. Shrubs within vehicular use areas, streetyards, and street fronts may be pruned, but must maintain at least 3 feet in height. D. In the event that existing required vegetation located within any buffers, tree save areas, streetyards, vehicular use or other landscape areas poses an immediate or imminent threat to improved structures on private property or public property, excessive pruning or removal of the vegetation may be allowable provided authorization is obtained from the Administrator, and the performance standard of the landscape area is maintained consistent with this section. Replacement vegetation may be required as a condition of the permit. E. In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence, the owner may be required to replant if the requirements of the section are not being met. Replacement vegetation shall conform to the standards of this section and the approved site and/or subdivision plan. 4.08.11 RECOMMENDED PLANT LIST See Appendix A for the Town’s official plant list. It contains some plant species that are native to the town area or are known to be suitable for the climate of the town area. Applicants seeking landscape approval shall not be required to select materials from the following list, but shall be required to select plant species that are known to be suitable for the climate of the town area. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com SECTION 4.10 BUILDING DESIGN STANDARDS 4.09.1 PURPOSE The purpose of this article is to ensure architectural compatibility, permanence and style; the preservation and enhancement of the town’s aesthetic integrity and architectural character; support tourism and stimulate local economic development, preserve private property values; and maintain a high quality of life throughout the town. The town desires that all development be treated as a lasting contributor to the community and as a good neighbor to its surroundings and the town believes that well-designed and well-maintained developments is in the best interests of all residents and businesses. 4.09.2 APPLICABILITY A. While this section provides specific standards for development, it cannot, and is not intended to, cover all circumstances. Rather the structure and content of the manual are meant to give developers and reviewers the perspective to address the unique conditions of each project, while giving builders the flexibility to develop their own designs that meet the intent, principles and spirit of the guidelines. B. The Building Design Review process as outline in Section 7.05.3 of this ordinance shall apply to the following: 1. New development. All new construction shall conform to the requirements of this section. 2. Renovation and expansions to existing development. If the total repairs and/or renovations to an existing building within a five-year period enlarge the footprint 50% or more or collectively cost more than 50% of the tax value as recorded in the county tax record at the date of application, such development shall be required to meet the minimum requirements set forth to the fullest extent technically feasible. 3. Maintenance and changes. Maintenance and changes to exterior existing building elements and facades for development less than 50% of tax value will apply only to the specific change. Approved site plans may not be further modified before or after construction, installation or occupancy without review and approval of the Administrator. The passage of time shall not remove this requirement for review and approval if changes in design, including color, are proposed for any building, built prior to or after the adoption of this chapter, within the town which is subject to these provisions. 4. Multi-family & residential facilities. All multi-family developments and other residential facilities are subject to these regulations. Single family dwellings (attached & detached) and duplexes subject to regulation under the North Carolina Residential Code for One and Two Family Dwellings shall be exempt from these regulations. Voluntary building design standards may be applied to single family dwellings (attached & detached) 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com and duplexes structures upon consent by the owner at the time of zoning, subdivision, or sit plan approval. 5. Overlay Districts. For properties located within an overlay district – see Article 2 – Zoning District Provisions for additional specific development standards. 4.09.3 GENERAL BUILDING DESIGN STANDARDS A. Applicability. These standards shall apply to all non-residential land uses except multi-family developments (see Article 2 – Zoning District Provisions for Additional Downtown Overlay Standards and Section 4.09.06 for multi- family development standards). B. Frontage. The primary entrance shall be architecturally and functionally designed on the front facade facing a public street. (Exception: buildings that are interior to a site that has buildings that otherwise meet the frontage requirement as approved by the Administrator.) C. Underground wiring. To reduce the visual impact of overhead wiring, utility services shall be located underground. Wooden poles and/or flood lights are prohibited. D. Building Design 1. Generally. The front facade should be divided into a base, middle and top. When two or more materials are used on a facade, the heavier material (e.g., brick) should be placed below the lighter material (e.g., siding) to give a sense of support and grounding. a. Manufactured, mobile and metal units are prohibited, except for a temporary construction, sales trailers or storage uses during construction projects. b. Front facades and exterior walls visible from the public right(s)-of-way shall be at least 60% brick, stucco, stone, wood clapboard siding, cementitious fiber board or other materials similar in appearance and durability. Vinyl siding, painted concrete block, cast concrete and metal may be used on building walls as minority elements or accent materials on walls that are visible from the public right-of-way provided that they do not compose greater than 40% of the facade. c. At least 25% of walls not visible from the public right(s)-of-way shall meet the same requirements for front facades and exterior walls visible from the public right(s)-of-way. d. Predominant wall materials shall have the appearance of brick. Predominant wall materials shall cover at least eighty (80) percent of walls, exclusive of windows and doors. Stucco, stone and cementitious lap siding may be used as accent materials. Materials with the appearance of concrete block, smooth concrete, corrugated or standing seam metal are prohibited. e. Brick, stone or wood facades shall not be covered or replaced with artificial siding or panels. Pitched roofs shall be clad in wood shingles, standing seam metal, corrugated metal, slate or asphalt shingles. All 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com accessory buildings shall be clad in materials similar in appearance to the principal structure. 2. Wall material maintenance. All exterior surfaces, which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed. a. All exterior surfaces, which have or have not been painted, shall be maintained free of peeling and flaking paint or stucco. Rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns. b. Where 33% or more of the aggregate of any painted or stuccoed wall shall have peeling or flaking paint or stucco worn away, the entire wall shall be scraped and repainted or recovered with stucco. 3. Entries. Building façades shall be designed with entries that are no further than one hundred and fifty (150) feet apart. Building entries should be clearly defined, visible entrances, providing access from the front of the building to the pedestrian zone, and featuring no less than three of the following: a. Canopies or porticos; b. Awnings; c. Overhangs; d. Recesses/projections; e. Arcades; f. Raised corniced parapets over the door; g. Peaked roof forms or arches; h. Outdoor patios; or i. Display windows. E. Facade colors. Color is an integral element of the overall design. 1. Facade colors shall be of low reflectance earth tone, muted, subtle or neutral colors. 2. Natural tints of materials such as reds, browns, tans, grays and greens shall be used as primary colors. 3. Brick, concrete and stone will have an inherent color, created by nature or during the manufacturing process. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high- intensity, metallic, fluorescent or neon colors shall be prohibited. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com F. Roof pitch. Roofs with pitches less than 3:12 and flat roofs will require a parapet wall on all sides visible from a public right- of-way. A pitched roof shall be profiled by eaves a minimum of six inches from the building face or with a gutter. Parapet walls shall have decorative cornices/caps. Roof lines shall be varied to reduce the scale of structures and visual interest and shall be articulated every 30 to 60 feet depending on the type of building (see illustration to left). The parapet shall be constructed so as to conceal all roofing material and equipment such as rooftop venting systems from any adjoining public right-of-way. G. Rooflines 1. Rooflines shall be varied in height, or at least every thirty (30) feet along any side of a building facing a street. Hips, gables or changes in parapet elevation shall be used to provide relief in height. 2. Gable and hip roofs are allowed; parapets shall be used to conceal flat roofs and rooftop mechanical equipment from public view. 3. The parapet design shall be a minimum of three (3) feet in height and shall incorporate a three-dimensional cornice treatment. H. Public art. Public art, such as statues, fountains and other works of art are encouraged and may be placed in any required front setback are as well in other appropriate areas. I. Compatibility. Adjacent buildings within 500 feet should relate in similarity of scale, height, architectural style and/or configuration. Relate setbacks of new construction to setbacks of existing buildings or developments. Limit setback variation to 20% of average setback of existing appropriate development on a street for both residential and nonresidential development. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com J. Human scale. 1. Windows, doors, columns, eaves, parapets and other building components shall be proportional to the overall scale of the building. Windows shall be vertically proportioned wherever possible. 2. The primary entrance shall be both architecturally and functionally designed on the front facade of the building facing the primary street. Such entrances shall be designed to convey their prominence on the fronting façade. I. Windows. Except for civic and industrial buildings, at least 40% of the length of the first floor on primary street fronting facades shall be in windows or doorways. Street level windows should be visually permeable. For buildings on a corner, the first floor secondary street facade shall be at least 10% windows. A window or functional general access doorway shall be located along the length of the facade at least every 20 feet. A window shall be measured as follows: Max. sill height (first floor) 42 inches Min. area 16 square feet Min. height 4 feet Min. width 3 feet J. Window maintenance. All windows must be tight fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints or broken or loose mullions shall be replaced. All broken and missing windows shall be replaced with glass or plexi-glass. All exposed wood shall be repaired. All openings originally designed as windows shall be maintained as windows, complete with sills, lintels, frame and glass, unless specifically approved by the Fire Chief for enclosure. Where the Fire Chief approves the enclosure of a window, it must be so enclosed by either bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior to prevent water intrusion and painted or stained to properly conform with the other exterior portions of the building. K. Recesses and projections. Facades greater than 30 feet in length, measured horizontally, must incorporate recesses, arcades, awnings and This series of diagrams illustrates how architectural elements and materials can break a massive building down to a human scale. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com projections along at least 20% of the length of the facade. When used, awnings and canopies shall be placed at the top of window or doorway openings, and shall not extend beyond such openings, unless otherwise approved by the Administrator. No awning shall extend more than the width of the sidewalk or ten feet, whichever is less. Awnings must be self- supporting from the wall. No supports shall rest on or interfere with the use of pedestrian walkways or streets. In no case shall any awning extend beyond the street curb or interfere with street trees or public utilities. Awnings and canopies shall complement the color and material of the building which they are affixed. L. Awning or marquee maintenance. In the event such awnings or marquee are made of cloth, plastic or of a similar material, such awnings or marquee shall be maintained so as not to show evidence of tearing, ripping or other holes which diminish their function and cause unsightly conditions. Whenever an awning is removed, all supporting members shall be removed within two years of adoption of this code and thereafter, immediately upon removal of any awning. M. Accessory buildings and devices. Building and devices that are ancillary to the primary building such as loading, trash containment, maintenance, storage and mechanical/electrical areas and the devices and equipment associated with these areas shall be incorporated in the overall design, architecture and landscape so that the visual and acoustic impacts of these functions and devices are fully contained and out of view from adjacent properties and public areas. All accessory structures shall be constructed of the same materials and colors as used for the main building. N. Connectivity. 1. Generally. A community is made up of both social and physical connections. Connecting uses means making clear pedestrian and vehicular pathways between developments. It also means intermingling compatible uses. A strong sense of community, the highly valued “small town atmosphere,” depends on having such convenient and easy access to a variety of activities and uses. This connection of uses is very important to the function of a livable, pedestrian-oriented community such 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com as the town desires. Because many policies of recent decades have resulted in or even required the separation of projects and uses, this all- important design principle perhaps will require the greatest adjustment in how development occurs. 2. Connectivity requirements. a. Individual developments shall be joined together with roads and continuous sidewalks and paths versus a collection of separate development pods. Within a development, easy-to-use internal circulation is provided not only for cars but for pedestrians and bicyclists between all buildings and spaces. b. Buildings shall be oriented to roads and sidewalks with orientation to parking areas being secondary. Buildings and whole developments are not isolated from one another with extensive buffers. c. Pedestrian and vehicular links shall be linked to parks, schools and other public destinations whenever possible. d. Sidewalks shall be continuous along public streets. Sidewalks shall connect buildings to the public sidewalk and to each other. Safe and frequent crossings shall be provided for pedestrians. Pedestrian connections shall be made to large office developments from a nearby hotel. Design sidewalks appropriately for the site and the expected amount of foot traffic. In commercial areas where foot traffic is expected, sidewalks should be a minimum of ten feet. Sidewalks in residential areas can be four feet. All pathways including but not limited to sidewalks and crosswalks shall meet the minimum American with Disabilities Act (ADA) requirements. O. Reducing parking impacts. 1. Generally. A key principle of the town’s design vision is to reduce the visual impact of parking. This goal includes reducing the image of the “sea of parking” one finds along corridors at retail centers and the “garage-scape” in neighborhoods. Parking is necessary at work, at home, and at destinations throughout the town. However, there is no reason why it needs to dominate the view. 2. Parking lot standards. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com a. A minimum of 20 to 40% of the required parking is placed to the side or rear of development projects, reducing large expanses of parking in front of developments. This parking is essentially overflow parking for peak usage during the year. Buildings shall be more prominent than parking lots (see below): b. Parking areas including drives and accessways shall be surfaced with either asphalt or concrete. c. Drive-through windows shall be accessed at the building facade facing the rear property line away from the pedestrian street/right-of-way. d. On-street parking is provided when feasible to reduce the area of parking lots. P. Use of alternate plan, material or methods. 1. Alternate design plans, building materials or construction techniques may be used when unreasonable or impractical situations would result from the application of architectural design standards. Such situations may result from unique site conditions, innovative design applications and/or unified development design. The application for alternate design shall include which specific standards cannot be met and how the alternative methods will achieve the intent of the standards. The performance building design alternatives shall be evaluated by the Board of Commissioners to determine if the alternate design meets the intent and purpose of this chapter. 2. This determination shall take into account the land use of adjacent property, the orientation of the building to public streets, the building typology, the intended use of the structure, attention to architectural detail, scale and mass. Q. Building Articulation. Front and street-facing side façades greater than thirty (30) feet in length, measured horizontally, shall: 1. Incorporate wall plane projections or recesses having a depth of at least three (3) percent of the length of the façade and extending at least twenty (20) percent of the length of the façade. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 2. Have a change in at least three of the following elements every thirty (30) feet along all walls facing a public street or internal street: color change; texture change; material change; or architectural feature, such as an offset, projection, columns, canopies, arcades, or reveal with at least twelve (12) inches in depth. 4.09.4 SINGLE-FAMILY, DUPLEX & MANUFACTURED HOME DESIGN STANDARDS The following voluntary building design standards may be applied to single family dwellings (attached & detached) and duplexes structures upon consent by the owner at the time of zoning, subdivision, or site plan approval. A. Exterior materials. Exterior materials shall be durable and residential in character. Exterior wall materials shall be wood, brick, stone, stucco, vinyl or similar materials. Facade colors should be of low reflectance earth tone, muted, subtle or neutral colors, also for repainting of an existing building. The use of high-intensity, metallic, fluorescent or neon colors shall be prohibited. B. Manufactured home requirements. All manufactured homes shall meet the following requirements. 1. The home has a length not exceeding four times its width. 2. The pitch of the home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction. 3. The exterior siding consists of wood, hardboard or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction. 4. Facade colors should be of low reflectance earth tone, muted, subtle or neutral colors, also for repainting of an existing building. The use of high- intensity, metallic, fluorescent or neon colors shall be prohibited. 5. A continuous, permanent masonry foundation, un-pierced except for required ventilation and access, is installed under the home. 6. Every manufactured home shall be tied down to ground anchors. Ground anchors and tie downs shall be installed in accordance with the North Carolina Regulations for Manufactured Homes. 7. Each manufactured home stand and space shall be graded to provide adequate storm drainage away from the manufactured home and such that there will exist no more than three feet difference between the chassis of the manufactured home and the finished grade of the stand along the entire perimeter of the manufactured home proper. 4.09.05 MULTI-FAMILY DEVELOPMENT STANDARDS A. Applicability This section applies to all multi-family developments. These requirements are intended to establish design standards that will create quality design and 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com ensure the compatibility with surrounding neighborhoods and land uses. The desired characteristics of multi-family developments are to: • Encourage developments that residents can take pride in and have a sense of ownership; • Provide special attention to structural placement, building orientation and landscaping along streets and parking areas; • Ensure that common open spaces are provided in locations convenient for residents; • Ensure that developments are designed with proper setbacks, landscaping and massing to address privacy and compatibility with adjacent single- family residential development or land. B. Building Placement and Orientation 1. Buildings shall be set back a minimum of thirty (30) feet from major and arterial streets or thoroughfares. 2. The minimum spacing between the sides of buildings shall be twenty (20) feet. 3. Where practical, buildings should be located to face each other across public streets, private drives or common open space areas and amenities. 4. All buildings shall be located a minimum of fifty (50) feet from properties zoned RR, RS-20, R-15 or RS-10. C. General Building Design 1. Building Elevations: a. Facades shall have usable porches, balconies, stoops, windows and/or other architectural details to form a predominate theme of the building design. A minimum of 60 percent of front elevations, and a minimum of 30 percent of side and rear building elevations shall be required to meet this standard. The image depicts street oriented facades with balconies and/or other architectural detailing. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 2. Building Materials: a. At a minimum, two different primary building materials shall be used on each building elevation (e.g., stone, wood, masonry, or metal). Vinyl may be uses for accent purpose only. b. Colors should be of low reflectance earth tone, muted, subtle, or neutral colors. A minimum of two colors per elevation plus a trim and roof color shall be utilized. c. Color accents shall vary throughout the development. 3. Roofing: a. Roofs shall be standing seam metal, slate, asphalt shingles or synthetic materials similar and/or superior in appearance and durability. b. All multi-family buildings shall have sloped roofs. When pitched roofs are used, they shall be symmetrical gables or hips with a pitch between 6:12 and 12:12. 4. Entrances: a. Each building shall provide clearly defined site and building entries that are in scale with the proposed project and relate directly to the street frontage. b. Entries to units should be clearly identified, protected from weather by porches or roofed overhangs (as illustrated in the photo to the left) and provided with lighting for nighttime safety and security. c. The use of distinctive architectural elements and materials to denote prominent entrances is required. d. All buildings shall face the public street, private drive or common area (e.g., courtyard, plaza, or green) and have a pedestrian pathway connecting the principal entry to these areas. 5. Utilities and Equipment: a. All building attached mechanical equipment and other utility equipment (e.g., heating, cooling, antennas, satellite dishes, air conditioners or similar mechanical devices) shall be screened from view of public streets, private drives, parking lots, and adjacent residential property. b. Equipment screening shall be integrated into the building and roof design with the use of compatible materials, colors, and forms. 6. Refuse Receptacles: 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com a. All refuse containers shall be placed within screened storage areas or enclosures per this ordinance. b. Refuse containers should be conveniently located throughout the project, yet sufficiently buffered from project entries, main building entries and main pedestrian paths. c. Enclosures should be located to provide easy accessibility for users, adequate room for servicing by refuse trucks and should not hinder visibility for vehicle circulation. d. Enclosure materials and colors should be consistent with, and complimentary to, building materials and finishes. e. Landscaping should be provided on all non-accessible sides of trash enclosures. 7. Garages: a. Garages serving multi-family buildings shall be located to the side or rear of such buildings. b. The exterior materials, design features, and roof form of garages shall be compatible with the building it serves. D. Open Space & Amenities Multi-family developments shall be constructed with common open space areas and amenities for the use and enjoyment of future residents. Minimum open space provisions and required project amenities are listed below. 1. All buildings, roofed areas, and parking areas, including drives, shall not cover more than eighty-five (85) percent of the site. A minimum of fifteen (15) percent of the gross area shall be designated as common open space comprised of five (5) percent usable open space and ten (10) percent of natural open space per Section 4.07 – Open Space Standards. 2. Usable open space shall be incorporated into the development as a primary design feature and not just remnant pieces of land used as open space. 3. Usable open space should be centrally located, easily accessible and positioned within the viewshed of the nearest units such that the residents can watch over the area (see example photo below): 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4. Common facilities such as laundries, mailboxes, and management office should be centrally and conveniently located for accessibility and proximity to the majority of the residents. 5. Open space areas should be consolidated in one location to allow for high usability and sustainability. E. Traffic Control, Circulation & Parking Multi-family developments with internal streets and driveways should be designed to be easy to navigate through in a logical, common sense manner so that a resident or visitor can easily enter the site, park their car, and find a particular unit. 1. Multi-family projects shall be designed with an internal pedestrian system providing access to individual units, common areas and amenities, parking areas and off-site connectors as appropriate. 2. Stamped and/or colored concrete or other decorative accent shall be used as an accent along project entryways, pedestrian crosswalks, pedestrian walkways and common open areas. 3. Areas between dwelling units and parking areas on-site shall be improved with landscaping to achieve a minimum 3 foot wide evergreen screen. 4. No off-street surface parking lot associated with a multi-family development shall be located between the building and the street(s) fronting the development. 5. Off-street surface parking located beside a building shall not occupy more than 25 percent of the parcel's right-of-way frontage. Associated driveway areas shall be included as part of such off-street surface parking. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 6. Parking spaces shall have a minimum separation of 5 feet from all sidewalks and pedestrian paths. 7. Traffic calming elements such as enhanced paving and bulb-outs at intersections should be provided. Other traffic calming measures such as roundabouts, raised pedestrian crossings, etc. should be used where practical. 8. The maximum block length in all multi-family developments shall be 400 feet. Blocks shall be separated by streets, drives or improved pedestrian paths as illustrated below: F. Landscaping Landscaping shall be designed as an integral part of the overall multi-family development with the purpose of enhancing building design, public views and spaces, and providing buffers, transitions and screening. Landscaping may 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com also serve to filter and infiltrate storm water runoff to reduce adverse environmental effects of runoff. 1. A 30’ Type A Buffer shall be required along arterial and major streets and thoroughfares. 2. Street trees shall be planted along all streets, driveways and parking areas in a single row at a maximum spacing of 40 feet. 3. Elevations shall have landscaping adjacent to their foundation. Landscaping shall be utilized to frame, soften, and embellish the units, to buffer the units from noise or undesirable views, to break up large expanses of parking and to ensure compatibility to provide visual screening (see photo below): 4. Parking Lot Landscaping: a. Landscape islands within parking lots and along private drives shall be located to define, direct and slow vehicular movement. b. Landscape islands shall have a minimum width of 8 feet. c. Landscape islands shall be provided for every 10 parking spaces. d. Perimeter landscape areas shall be a minimum of 8 feet in width adjacent to all parking spaces and public streets or private drives. e. Large maturing canopy trees shall be planted not more than 40 feet on center. f. A continuous row or staggered row of evergreen shrubs, with a minimum expected height at maturity of 3 feet, shall be installed at not more than 6 feet on center. If used in addition to a wall or fence, the evergreen shrubs shall be planted on the exterior side of such features. G. Lighting All exterior building attached lighting shall be located to a pedestrian scale and be designed so that light is not directed off the site and the light source is shielded downward from direct off site viewing. 1. Exterior lighting shall be pedestrian scaled with a maximum height of 18 feet. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 2.Lighting fixtures shall LED be “lamp post” style. 3.All exterior building lighting shall be architecturally integrated with the building style, materials, and colors. All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed. Adopted this 15th day of October, 2024 _________________________ Glenn McFadden, Mayor Attest: Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: October 15. 2024 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on Consideration of Text Amendment to Article IV- Sections 4.04, 4.08.3, 4.08.4, 4.08.6, 4.08.7, 4.08.9 & 4.08.10 of the Lillington Unified Development Ordinance ITEM SUMMARY Consideration of Approval of the Text Amendment to Article IV- Sections 4.04, 4.08.3, 4.08.4, 4.08.6, 4.08.7, 4.08.9 & 4.08.10 of the Lillington Unified Development Ordinance RECOMMENDED ACTION Approve Article IV- Sections 4.04, 4.08.3, 4.08.4, 4.08.6, 4.08.7, 4.08.9 & 4.08.10 of the Lillington Unified Development Ordinance AGENDA ITEM #8-8A Town of Lillington, NC Unified Development Ordinance IV-1 DESIGN STANDARDS Section 4.01 GENERALLY The standards in this Article are intended to be minimum standards for development. Higher standards or relief from standards may be established through the procedures in Article 3 – Use Standards and Article 7 – Administration & Development Processes. Section 4.02 BASIC DEVELOPMENT STANDARDS 4.02.1 HEIGHT A. Other than the provisions listed in this Section, buildings and structures shall not exceed the maximum heights established in Article 2 – Zoning District Provisions of this ordinance. B. The height of a building is the vertical distance measured from the mean elevation of finished grade at the front of the building to the highest point of the building. C. A story includes any floor above the mean elevation of finished grade at the front of the building. Where floor levels are staggered, the number of stories is the number of floors counting vertically from the point of the mean elevation of finished grade at the building front. D. Roofs with slopes greater than seventy-five (75) percent are regarded as walls. E. Chimneys, church spires, water tanks, elevator shafts, scenery lofts and similar structural appendages not intended as places of occupancy are exempt from the height limitation set forth in this Section, provided that not more than one-third (1/3) of the roof area is covered by such structures. F. Heating and air conditioning equipment, solar collectors and similar equipment, fixtures and devices are exempt from the height limitation set forth in this Section, provided that they are set back from the edge of the roof a minimum distance of one (1) foot for every foot the feature extends above the roof surface. Screen or parapet walls shall be constructed to the height of any fixture taller than three (3) feet in height that would be visible from a street or residential property abutting the property. G. The height requirements for wireless telecommunications towers & facilities are provided in Article 2 – Zoning District Provisions & Article 3 – Use Standards of this ordinance. H. Light standard heights shall not exceed the limits established in Section 4.06 of this ordinance. I. Flagpoles and similar devices shall be limited to thirty-five (35) feet in height. Town of Lillington, NC Unified Development Ordinance IV-2 4.02.2 SETBACKS A. Setbacks Required. No portion of any building, excluding eaves, decks, patios, steps and uncovered porches may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in Article 2 – Zoning District Provisions of this ordinance. All setbacks are expressed in feet and are minimum setbacks unless otherwise noted. Additional setbacks may be required to meet parking, landscaping, buffers or other standards specified in this Article, the specific use standards of Article 3 – Use Standards of this UDO. B. Allowed Setback Encroachments. A step, stoop, open porch, awnings or other appurtenances may extend up to five (5) feet into the front setback, provided such features do not impede pedestrian circulation or extend more than twenty-five (25) percent into the minimum setback. C. Setback Measurement 1. Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). 2. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured at a right angle to such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street centerline. D. All setbacks are subject to compliance with adopted applicable fire code provisions. 4.02.3 RELATIONSHIP OF BUILDING TO LOT In no case shall there be more than one principal building and its customary accessory buildings on a lot except in the case of a designed complex of professional, residential or commercial buildings in an appropriate zoning district. 4.02.4 STREET ACCESS No building shall be erected on a lot which does not abut a street or have access to a street, provided that in a planned development, a building may be erected adjoining a parking area or dedicated open space which has access to a street used in common with other lots. 4.02.5 INFILL LOT STANDARDS The minimum front or street yard required may be reduced for any lot where the average established front yard on developed lots located within 300 feet on each side of such lot, and fronting on the same street as such lot, is less than the minimum required yard. In such cases, the minimum front or street yard may be less than that required but not less than the average of the existing front yards on the developed lots within 300 feet of each side. In addition, for new lots created from existing larger lots, the lot width at the frontage line and the side yard setbacks Town of Lillington, NC Unified Development Ordinance IV-3 shall be consistent with the immediately adjacent neighboring parcels on the same side of the street. 4.02.6 IRREGULAR LOT SETBACKS The location of required front, side and rear yards (or setbacks) on irregularly shaped lots shall be determined by the Administrator. The determination will be based on the intent and purpose of this ordinance to achieve an appropriate spacing and location of buildings and buildings on individual lots. Where questions arise as to appropriateness, the subdivider may be requested to provide additional design information. Section 4.03 ACCESSORY USES AND STRUCTURES The purpose of this section is to establish standards for accessory uses and structures. Except as provided elsewhere in this ordinance, it shall be unlawful for any person to erect, construct, enlarge, move or replace any accessory use or structure without first obtaining a certificate of zoning permit from the Administrator. A. GENERAL 1. Accessory uses and structures may only be used for purposes permitted in the district in which they are located. 2. Not for Dwelling Purposes: Accessory structures shall not be used for dwelling purposes except as an approved Accessory Dwelling in accordance with this ordinance. 3. Building Permits May Be Required: Depending on the size of the structure and the incorporation of various improvements (e.g., electrical, plumbing) a building permit may also be required. 4. See Article 3, Section 3.03.5 for Accessory Dwelling Standards. B. LOCATION, SETBACKS AND HEIGHT Standards Single-family/Two- family lots – less than 1.52 acres in size Single-family/Two- family lots – 1.52 acres or larger in size Lots over 5 acres in size All other uses Permitted location Side/rear only Permitted in all yards – may not be closer than 30’ of r/w Permitted in all yards – may not be closer than 30’ of r/w Side/rear yard only Side/Rear Yard Setback See district setbacks in Article 2 – Zoning District Provisions. Height See district height provisions in Article 2 – Zoning District Provisions. C. MAXIMUM NUMBER AND AREA Standards Single-family/Two-family lots – less than 1.52 acres in size Single-family/Two- family lots – 1.52 to 5 acres in size Lots over 5 acres in size All other uses Maximum Accessory 2 2 No max. No max. Town of Lillington, NC Unified Development Ordinance IV-4 Structures Permitted Maximum Area (Accessory Dwelling Unit Area is Exempt) 600 sf per structure 1,000 sqft aggregate 1,5000 sqft per structure or 1,5400 sqft aggregate No max. No max. Section 4.04 FENCES & WALLS All fences and walls shall comply with the requirements of this Section unless specifically approved as part of a Conditional Zoning, Special Use Permit, Site Specific Development Plan, or Variance. A. Except as otherwise provided in this Section, fences that are no taller than six (6) feet may be built along interior side and rear property lines. B. Exterior side yard fences that are no taller than six (6) feet shall be at least two feet from the right-of-way and no closer than two (2) feet from the inside edge of the sidewalk. C. Fences in front yards are discouraged, but must be: 1. Located least two (2) feet from the right-of-way and no closer than two (2) feet from the inside edge of the sidewalk; 2. Less than sixty (60) percent opaque; 3. Be designed as picket or wrought-iron style fences (chain link and chicken wire are prohibited); and 4. Not exceed four (4) feet in height, except that wrought iron and split rail style fences may be up to five (5) feet tall. D. No fence shall obstruct any traffic safety visibility zone. E. Barbed wire, razor wire or other fence materials designed to cut or puncture are prohibited in all districts, except in the LI, HI and FRO districts. F. Deer fences may be erected around gardens provided that the fences are located at least ten (10) feet from the nearest property line. Section 4.04.1 RETAINING WALLS In the event that any development activity necessitates the use of retaining walls, the following shall apply: A. Walls higher than (4) feet shall be designed, inspected, and certified by a licensed Professional Engineer in accordance with N.C. General Statute 89C and be required to obtain a building permit in accordance with the Town of Lillington Unified Development Ordinance and North Carolina Building Code. B. Safety rails or fencing may also be required dependent upon the administrators review. All applications of fencing must be designed in a manner that does not conflict with the manufactures recommended specifications. Retaining walls with a vertical drop of (1) foot or more located adjacent to residential or commercial property, parks, parking lots, trails and sidewalks shall provide safety railing per standard details. Town of Lillington, NC Unified Development Ordinance IV-5 C. Private retaining walls, including supports, foundations, reinforcement, and any other wall appurtenances are not allowed within public right-of-way or easements. D. A plan showing all lines, grades, and depths of the proposed wall must be submitted and approved prior to construction. E. All walls that are submitted for approval must be accompanied by a materials list showing minimum design specifications from the manufacturer for all components. In no case shall the proposed retaining wall be approved or accepted by the Town of Lillington if its design conflicts with the minimum design specifications as outlined by the manufacturer. F. Retaining structures shall not exceed six (6) feet in height and shall not exceed two (2), six (6) feet tall tiered sections. There will be a minimum separation of 3’ between the proposed tiered section(s). G. In no case shall a retaining wall be constructed in a manner in which the construction activities negatively impact an adjoining property. All grading and support structures associated with the retaining structure shall not encroach into any required buffer or protected area (such as, but not limited to, critical root zones of trees on adjoining properties), and shall be contained entirely on site. H. A setback will be generated dependent on the proposed wall height during plan review. The minimum setback is established at (5’). The ratio for determining setbacks for walls greater in height than (5’) will be 1:1, for example; a (12’) wall system will require a (12’) setback. The setback will be measured from the adjoining property line to the limit of disturbance (the cut) as called out in the supplied site plan. This setback will be established as both an easement for a planting strip & maintenance. I. Retaining walls shall be designed in a way where the finished elevation, or top of wall, matches the existing elevation of the adjacent property for the full length of the wall system. J. All retaining walls that exceed (4’) in height are required to provide a planting strip comprised of low growing vegetation i.e., shrubs for the purpose of stabilization & buffered separation. The minimum planting requirement is established at 24 shrubs per 100’ of planting strip. See Appendix A for a list of approved species for planting. For retaining walls that require screening with plantings, no plantings shall be located so that they will encroach into any public property or right-of-way when the plant reaches maturity. Section 4.05 PARKING, DRIVEWAYS AND LOADING 4.05.1 PURPOSE AND INTENT This Section establishes the minimum requirements for the number of spaces and the design of parking areas in the Town of Lillington. This Section provides administrative flexibility for the Administrator to adjust the number of required spaces and the design of spaces to provide for adequate parking, accommodate unique site conditions and capitalize on the benefits of parking opportunities on- street or in shared parking areas. 4.05.2 APPLICABILITY The requirements of this Section shall be applicable to all new development and change of use that create the need for parking or increase existing parking Town of Lillington, NC Unified Development Ordinance IV-6 demands. 4.05.3 PARKING SPACE REQUIREMENTS Permanent off-street parking (including on-street parking in accordance with the requirements below) is required subject to the table below. If required, parking shall be provided at the time of erection, alteration, enlargement, establishment or change of use of any building or open use of land which require additional off- street parking. LAND USE TYPE MINIMUM REQUIRED AUTO SPACES MINIMUM REQUIRED BICYCLE PARKING SPACES RESIDENTIAL: Dwelling – Single Family Detached & Two Family (Duplex) 2 per unit 1 per 50 lots Dwelling – Single-Family Attached (Townhome) 2 per unit plus 0.25 per unit for guest parking 1 per 50 lots Dwelling – Multifamily 2 per unit 1 per 50 auto spaces Dwelling – Accessory 1 per unit N/A Live-Work Units 1 per 700 sf N/A Residential Care Facilities 1 per 2 resident rooms 1 per 40 auto spaces All other residential uses No requirement No requirement LODGING AND ACCOMMODATIONS: All uses 1 per room 1 per 50 auto spaces OFFICE AND SERVICES: Medical Clinic 1 per examination room 1 per 50 auto spaces All other Office & Service Uses 1 per 700 sf 1 per 50 auto spaces COMMERCIAL AND ENTERTAINMENT: Restaurant 1 per 400 sf 1 per 50 auto spaces Indoor Amusement No requirement 1 per 50 auto spaces Outdoor Amusement No requirement 1 per 50 auto spaces Theater (Indoor or Outdoor) 1 per 8 seats 1 per 50 auto spaces All other Commercial and Entertainment Uses 1 per 500 sf 1 per 50 auto spaces MANUFACTURING, INDUSTRIAL AND WHOLESALE TRADE: Storage/Warehouse Uses: 1 – 50,000 SF 1 per 1,500 sf No requirement Over 50,000 SF 1 per 2,000 sf No requirement Other Industrial/Manufacturing Uses: 1 – 3,000 SF 1 per 250 sf No requirement 3,001 – 5,000 SF 1 per 500 sf No requirement 5,001 – 10,000 SF 1 per 750 sf No requirement 10,001 – 50,000 SF 1 per 1,250 sf No requirement Over 50,000 SF 1 per 2,000 sf No requirement EDUCATION & INSTITUTIONS: Child/Adult Day Care Centers (more than 8 persons) 1 space per classroom 1 per 50 auto spaces Town of Lillington, NC Unified Development Ordinance IV-7 Religious Institutions 1 per 8 seats in main assembly hall 1 per 50 auto spaces Schools (elementary & secondary) 1 per 8 seats in main assembly hall or gymnasium 2 per 50 auto spaces Studio 1 per 400 sf 1 per 20 auto spaces All other Education and Institution uses No requirement 1 per 50 auto spaces AGRICULTURAL AND FORESTRY: All uses No requirements No requirements COMMUNICATIONS, TRANSPORTATION AND INFRASTRUCTURE: All uses No requirement No requirements 4.05.4 EXEMPTIONS AND ADJUSTMENTS A. Exemptions. Uses in the CB District are exempt from the minimum parking requirements of this Section. B. Tree Preservation. The minimum number of parking spaces required may be adjusted by the Administrator when it has been determined that the reductions are necessary to preserve a healthy tree or trees (with a 12 inch or greater diameter at breast height) from being damaged or removed, and where the site plan provides for the retention of said tree or trees. 4.05.5 SATELLITE PARKING A. If the off-street parking spaces required by this section cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 600 feet. Such measurement shall be taken from the edge of the parking area on the lot to the entryway of the remote parking area. B. Shared Satellite Parking: Upon approval by the Administrator, satellite parking facilities may be shared by 2 or more uses which do not share normal operating hours. C. Parking for Permitted Uses Only: If satellite parking is utilized to fulfill parking requirements, the owner or authorized agent for the land upon which such remote parking is located shall restrict the use of such parking area for parking only in connection with the use(s) or structure(s) for which such remote parking is provided. Such restriction shall be recorded as an easement at the time of final plat approval. If no final plat is required as part of the development approval, a shared parking agreement between uses can be submitted to the Administrator in lieu of recording a such easements on a final plat.. Remote parking for a particular use shall not be established in any district that does not allow that use. 4.05.6 VEHICLE DESIGN STANDARDS A. Parking Area General Design Standards 1. Parking areas shall be maintained to provide for vehicle access and shall be kept free of litter, debris, outdoor display and sales and material storage, including portable containers. Town of Lillington, NC Unified Development Ordinance IV-8 2. Parking for service vehicles shall be designated, located and screened to minimize the view from adjacent properties and rights-of-way, generally at the rear of buildings. 3. Parking areas shall be located and designed to avoid undue interference with the use of public rights-of-way, driveways or pedestrian ways. Parking stalls shall not be located in areas that would require backing into access driveways or streets except where allowed for residences. 4. Parking design and location shall be in accordance with the Lillington Specifications Manual and at minimum shall the following minimum dimensions: Parking Angle (Degrees) Parking Space Width (feet) Parking Space Depth (feet) Min. Aisle Width (feet) 0o 9’ 20’ 12’ 30o 9’ 18’ 11’ 45o 9’ 20’ 13’ 60o 9’ 21’ 18’ 90o 9’ 18’ 24’ 5. Parking stalls shall be located a minimum of 10 feet from public rights-of- way and buildings to allow sufficient separation for sidewalks, landscaping and other site features except along the backs of buildings in areas designed for loading and unloading. 6. Parking shall not be located in landscaped, open space or tree save areas. 7. Vehicle storage or display areas shall be identified on a site plan distinct from customer and employee parking areas and shall comply with parking access, location and design requirements, except that striping of the display or storage area shall not be required. Vehicle storage or display areas shall not be located in a manner that interferes with vehicle or pedestrian access aisles or driveways. 8. Tractor trailers, cargo trucks, busses and other large commercial vehicles or heavy equipment parking and storage shall comply with parking access, location and design requirements except for stall size and aisle size which shall be as appropriate for the vehicles to be stored and shall be designated on a site plan. A. Stacking Spaces 1. Uses with drive-through facilities and other auto-oriented uses where vehicles queue up to access a service shall provide adequate stacking spaces on-site for the uses or buildings in accordance with this section. Such uses include but are not limited to: restaurants with drive-through, convenience store with fuel sales, and other uses with service bays or drive- throughs. 2. Required stacking spaces are subject to the following design and layout standards: a. Stacking spaces shall be a minimum of nine feet wide and 16 feet long. Town of Lillington, NC Unified Development Ordinance IV-9 b. Stacking spaces shall not impede vehicular traffic movements or movements into or out of parking spaces, whether on-site or off-site. c. Stacking spaces shall not impede onsite or offsite bicycle or pedestrian traffic movements, whether on-site or off-site. d. Stacking spaces shall be clearly delineated through such means as striping, landscaping, pavement design, or curbing. B. Surfacing Off-street parking areas shall be properly graded, marked and located on improved lots or within parking structures. The material for surface parking spaces and corresponding access drives required by this section, except for single-family detached and duplex residences, shall consist of suitable material as set forth below. 1. Suitable Materials: Suitable paving materials for required parking areas include, but are not limited to, asphalt, porous asphalt, porous paving blocks, and concrete. Compacted stone (road bond) and gravel may be permitted by the Administrator as paving materials in the rear setback area for loading and service areas in areas zoned LI or HI (Industrial Districts). 2. Accessible Spaces: All accessible spaces and corresponding access paths shall consist of concrete or asphalt. 3. Pervious Surfaces: Porous paving blocks and pervious paving materials are permitted and encouraged as material for parking lots. The use of reinforced grass as a parking lot surface is permitted for satellite parking areas. 4. Parking Space Marking: The individual parking spaces in a lot shall be delineated in all parking lots except those utilizing road bond, gravel, grass or other vegetative surfacing. C. Connectivity 1. Adjoining parking lots serving (or potentially serving) non-residential or multifamily uses shall be interconnected as follows: a. The parking lot under development has a minimum of 24 parking spaces or equivalent parking area. b. At least 1 connection is provided at all lot lines that are coincident for at least 60 feet with another lot zoned for non-residential use. c. The connection is at least 20 feet wide. d. If applicable, the connection aligns with a connection that has been previously constructed on an adjacent property. e. The connection has a slope of no greater than 15 percent. f. The connection is not placed where a building on an adjacent property is within 50 feet of the lot line which would hamper traffic movements within the parking lot. Town of Lillington, NC Unified Development Ordinance IV-10 g. The connection is placed in an area which will not require the removal of significant natural features such as wetlands or trees with a caliper of 6 inches or more. h. In the event these conditions cannot be met without undue hardship, or if such connections would create undesirable traffic flow, the Administrator may waive the connection requirement. i. Where a parking lot connection is required an easement for ingress and egress to adjacent lots shall be recorded by the property owner with the Harnett County Register of Deeds in the form of an easement plat. D. Off-street Loading Requirements 1. Off-street loading spaces shall be required for industrial, major institutional, and business uses that can be expected to regularly receive or deliver goods, pursuant to the following schedule (areas within the Downtown Overlay District – Central Business/Main Street Area are exempt from this requirement): Building Square Footage Required Number of Spaces Under 20,000 0 20,001 – 40,000 1 40,001 – 100,000 2 Over 100,000 3 2. Required loading spaces shall have the following minimum dimensions: 12- foot minimum width, 25-foot minimum length, and 14-foot minimum vertical clearance. 3. Locations: a. Required off-street loading spaces shall not be located within a building, but shall be on the site of the use served or on an adjoining site. b. Required off-street loading spaces shall be located to the sides and/or rear of the lot to maximize the street exposure of the primary structure. c. A loading area shall not be located in a required setback. In addition, street-side loading docks shall be set back at least 70 feet from the street property line or 110 feet from the street center line, whichever is greater. d. No loading bay may intrude into any portion of a required parking aisle or access dimension. e. Loading areas visible from a street shall be screened on three sides by a solid, decorative fence, wall, or hedge at least six feet in height. 4. Access: a. A required loading stall shall be accessible without parking a truck across a street property line unless the Administrator determines that provision of turnaround space is infeasible and approves alternate access. b. An occupied loading space shall not prevent access to a required off- street parking space. Town of Lillington, NC Unified Development Ordinance IV-11 F. Parking Alternatives The Administrator is authorized to approve an alternative parking plan for Agricultural Uses, Industrial Uses and Recreational Facilities that proposes alternatives to the standards in this section. G. Driveways 1. No portion of any residential or mixed-use driveway intersection with a Town public street shall be closer than twenty (20) feet to the corner of any intersection, measured along the right-of-way line. In commercial and industrial zones, this distance shall be thirty (30) feet. The width of any driveway intersection with the public street shall not exceed thirty (30) feet at its intersection with curb and street line. Driveway connections to NCDOT controlled streets must be requested from and approved by DOT. Driveways that have double lane ingress and egress (4-lanes) shall be a minimum 60 feet width at intersection with curb and street line. 2. All driveways shall be paved with either asphalt or concrete, or with alternative paving material (e.g., concrete pavers, brick, “turfstone” or similar material) determined to exhibit equivalent wear resistance and load bearing characteristics as asphalt or concrete. 3. No driveway shall conflict with any town facility such as traffic signal standards, catch basins, fire hydrants, crosswalks, loading zones, bus stops, utility poles, fire-alarm supports, meter boxes, and sewer clean-outs or other necessary structures, except with the express approval of the Administrator. Any adjustments to town facilities to avoid such conflicts shall be at the expense of the driveway applicant. 4. Location of Driveway Access Points a. Two driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds fifty (50) feet. b. Three driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds one hundred fifty (150) feet c. Four or more driveways entering the same street from a single lot shall be prohibited. d. In no case may the total width of all driveways exceed fifty (50) percent of the total property frontage. e. No driveway (nearest edge) shall be located within five (5) feet of a side lot property line except in the case of a shared driveway (single curb/access point) utilized by two or more lots. f. No driveway (nearest edge) shall be located within twenty-five (25) feet of an intersection on a secondary road and forty (40) feet on a primary Town of Lillington, NC Unified Development Ordinance IV-12 road except in the case where no other lot access to a public street or Town-approved private road is available. Section 4.06 SIGNS 4.06.1 PURPOSE AND INTENT The sign regulations of this Article are adopted under the zoning authority of the Town in furtherance of the general purposes set forth in the Unified Development Ordinance. The purpose of this Article is as follows: • To encourage the effective use of signs as a means of communications in the Town and its extraterritorial jurisdiction; • To maintain and enhance the aesthetic environment and the Town’s ability to attract sources of economic development and growth; • To improve pedestrian and traffic safety; • To minimize the possible adverse effect of signs on nearby public and private property; and • To enable the fair and consistent enforcement of these sign regulations. 4.06.2 APPLICABILITY All signs within the Town’s jurisdiction shall be covered by these regulations and be erected, constructed or maintained in accordance with the provisions of this section. 4.06.3 PERMITS REQUIRED A. Except as provided otherwise in this Section, it shall be unlawful for any person to erect, construct, enlarge, move or replace any sign without first obtaining a permit, in accordance with this ordinance, from the Administrator to ensure compliance with the provisions of this ordinance. B. Additional permits may be necessary pursuant to the regulations in the State Building Code or other sections of this ordinance. 4.06.4 ALTERATION OF SIGN FACE Cleaning, electrical repair, resurfacing and other maintenance of a sign shall not require a permit. The changing of tenant name panels on multiple-tenant development signage and the change of copy on other signs specifically designed for changeable copy shall not require a permit. 4.06.5 COMPUTATION OF SIGN AREA A. The area of a sign face shall be deemed to be the entire area within the smallest polygon that will encompass the extreme limits of the writing, representation, emblem or other display on the sign that can be reasonably calculated. Town of Lillington, NC Unified Development Ordinance IV-13 B. The area shall also include any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. C. Frames or structural members not bearing informational or representational matter shall not be included in computation of the area of a sign face. Computations of sign area shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle greater than 60 degrees, the surface of both sides shall be included in the computation of area. 4.06.6 COMPUTATION OF HEIGHT A. Attached signs. The sign height for attached signs shall be computed as the distance from the finished grade at the base of the building to which the sign is attached to the top of the highest component of the sign. B. Ground (freestanding) signs. As illustrated below, the sign height for ground signs shall be computed as the lesser of: 1. The distance from the base of the sign at the finished grade to the top of the highest component of the sign; or 2. The distance from the nearest adjacent street grade to which the sign is oriented, and on which the lot has frontage, to the top of the highest component of the sign. 4.06.7 LOCATION AND ENCROACHMENT A. Permitted signs shall be located outside of the street right-of-way, behind sidewalk areas and outside of required site triangles. B. All attached signs shall be mounted and attached to buildings in a secure manner, shall not include wire or turnbuckle guy and shall be maintained in good repair for safety and appearance. C. No non-governmental sign shall be attached to or painted on power poles, light poles, telephone poles, traffic signs or other objects not intended to support a sign. 4.06.8 MATERIALS AND STRUCTURAL REQUIREMENTS Town of Lillington, NC Unified Development Ordinance IV-14 A. All attached signs and sign support frames shall be mounted and attached to building or ground in a secure manner, shall not include wire or turnbuckle guy and shall be maintained in good repair for safety and appearance. B. All permanently installed signs shall be able to resist normal loads from positive and negative wind pressure, snow and other conditions as required by the current edition of the North Carolina version of the International Building Code. C. The Administrator reserves the right to require sign load calculations and attachment design from a state licensed structural engineer, and to require same engineer to certify the sign installation in writing. 4.06.9 NONCONFORMING SIGNS See Section 8.07. 4.06.10 SIGNAGE TYPES Signage types illustrated below are approved for usage in the Town: Wall Signs Awning/Canopy/Window/Door Signs Projecting/Suspended Signs Monument Signs Town of Lillington, NC Unified Development Ordinance IV-15 Column Signs 4.06.11 ATTACHED SIGNAGE STANDARDS Sign Type Zoning District Square Footage Height Total Number Wall Signs CB, GB, NB, NMX, O/S, LI, HI 10% of the gross square footage on any one side of the building. No sign shall extend above the roofline. 4 signs per building wall. Awning / Canopy / Window / Door Signs CB, GB, NB, NMX 25% of the gross glass area on any one side of the building (windows/doors), 50% of area for awnings/canopies) No sign shall extend above the roofline. N/A Projecting / Suspended Signs CB, GB, NB, NMX 6 square feet Shall be at least 7 feet from the ground measured from the bottom of the sign One per tenant Notes: Wall signs shall have a max. protrusion of 12 inches, may only be placed on walls facing a public right-of-way. No illumination for awning/canopy/window/door signs or projecting/suspended signs is permitted. 4.06.12 RESIDENTIAL GROUND SIGNAGE STANDARDS Zoning District Square Footage Height Total Number RR, RS-20, RS-15, RS-10, RMF, RMX 20 square feet 6 feet 1 per entrance Notes: Town of Lillington, NC Unified Development Ordinance IV-16 1) Signs are permitted on decorative or retaining walls at entrances to residential developments without limitations to the size of the wall. 2) 5- foot minimum setback from all property lines is required for all ground signs. 4.06.13 NONRESIDENTIAL GROUND SIGNAGE STANDARDS Zoning District *Square Footage *Height Sign Base Total Number of Signs CB 20 square feet 6 feet Monument 1 sign per site O/S 20 square feet 6 feet Monument 1 sign per site NB 20 square feet 12 feet Monument or column 1 sign per street frontage GB, LI, HI 40 square feet 12 feet Monument or column 1 sign per street frontage Notes: 1) Column signs may be single or double mounted and must have a diameter greater than 24 inches. 2) Monument signs must have a base that is at least 75% of the width of the total sign. 3) Monument signs must have a base material of brick, stone or like imitation material. 4) 5-foot min. setback from all property lines is require for all ground signs. *Square footage & height may exceed minimum square footage and height if located in the Highway Overlay District. See Section 4.05.15 for ground sign standards located within the Highway Overlay District. 4.06.14 PERMITTED SIGNAGE ILLUMINATION BY DISTRICT Zoning District External Illumination Internal Illumination RR, RS-15, RS-10, RS-20, RMX, RMF Permitted Not Permitted. O/S, NMX, CB, NC, GB, LI, HI Permitted Permitted Notes: 1) Prohibited lighting: no flashing or intermittent illumination shall be permitted on any adverting sign or structure. 2) Shielding required: any indirect lighting or spot lighting shall require complete shielding of all light sources so as to illuminate only the face of the sign and prevent off-site glare. 3) White light only is permitted. 4) See Section 4.05.15 for illumination standards located within the Highway Overlay District. 4.06.15 STANDARDS FOR SIGNAGE IN THE HIGHWAY OVERLAY DISTRICT A. Signs located within the Highway Overlay District shall meet the following criteria: Development Type Maximum Sign Area Maximum Height • Single-family residential developments • Multi-family developments • All other developments with less than 200 feet of road frontage 40 sq ft 12 feet • All developments with 200 feet or more of road frontage 72 sq ft 20 feet B. The following regulations shall be met in addition to the guidelines in the chart above: 1. All ground signs shall be placed immediately adjacent to the right-of-way boundary, as long as they do not encroach on sight lines. 2. All monument signs shall be double-sided and internally lit. 3. All ground signs shall be free-standing monuments style. Town of Lillington, NC Unified Development Ordinance IV-17 4.06.16. OTHER SIGNAGE REQUIRING PERMITS A. Construction project signs: 1. Permitted districts: all districts. 2. Surface area: 32 square feet maximum. 3. Time limit: these signs are intended to be temporary and must be removed after completion of construction. B. Sales office signs: 1. Permitted districts: all Residential Districts, only on model home lots used as sales offices for single-family residential subdivisions. 2. Surface area: 32 square feet maximum. 3. Time limit: these signs are intended to be temporary and must be removed after 50% of the lots in the current phase of the development are sold. C. Electronic message boards: 1. Permitted districts: RMX, NMX. O/S, NB, GB, LI & HI. 2. Surface area: electronic message boards may be incorporated into a permitted wall or ground sign only, and shall not comprise more than 50% of the primary sign area. 3. Message variation: the electronic message shall not change in increments of less than seven (7) seconds and shall not scroll. New messages shall be timed to fade in and out slowly. D. Drive-thru menu boards: 1. Permitted districts: GB, NB, CB. 2. Location/placement: menu boards shall be allowed only as an accessory use to a restaurant having a drive-through window. 3. Surface area: 35 square feet maximum. 4. Height: six feet maximum. 4.06.17. GROUND SIGNAGE STANDARDS FOR SITES WITH MULTIPLE BUILDINGS All ground signage for developments with multiple buildings are subject to these provisions: A. Ground signs may be a maximum of 12 feet in height and 100 square feet in sign area. B. Planned developments may have one ground sign per road frontage. C. Outparcels for planned developments may have one ground sign that is a maximum of four feet in height and 35 square feet in sign area. 4.06.18 SIGNS EXEMPT FROM PERMIT REQUIREMENTS A. Governmental signs. Signs posted by various local, state and federal agencies in the performance of their duties such as regulatory signs, welcome signs, government regulatory and direction information and traffic signs. Signs installed under governmental authority which note the donation of buildings, structures or streetscape materials (such as, but not limited to benches, park facilities and the like). Town of Lillington, NC Unified Development Ordinance IV-18 B. Flags and the like. Flags or insignia of any nation, organization of nations, state, county or municipality provided the height of any pole shall not exceed the maximum building height for the district. Refer also to the United States Flag Code for usage of the United States flag. C. Temporary holiday decorations. Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday/celebration. D. Building marker signs. A sign cut or etched into masonry, bronze or similar material on a building which denotes only the building name, date of erection or street number. E. Legal and warning signs. Signs erected to warn of danger or hazardous conditions such as signs erected by public utility companies or construction companies. 1. Signs required for or specifically authorized for a public purpose by any law, statute or ordinance. 2. Signs that display information pertinent to the safety or legal responsibilities of the general public with regard to a particular piece of property shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign. F. Occupant/street number signs. Signs not exceeding two square feet and not illuminated, bearing property numbers, post office box numbers, names of occupants or other identification of premises not having commercial connotations. 1. All such signs must be placed in such a manner as to be visible from the street. 2. Unit identification numbers shall be located on the front wall within 18 inches of the entrance, or if not feasible architecturally, prominently displayed on the building. Unit numbers for residential dwellings only may, in lieu of being located on the front wall, be located on the mail boxes or similar-sized surface attached thereto. Multi-family and other residential facilities which are comprised of courts or units not fronting a public street must be located on identification signs containing the name of the court, street or way and the unit numbers on each private entrance. G. Vending machine/automatic teller and gasoline pump signs. Signs attached to and made an integral part of a vending machine, automatic teller machine or gasoline pump if advertising or giving information about the products or services dispensed or vended by that machine. H. Directional signs on private property. Directional signs must be located on the premises to which directions are indicated. 1. Such signs may not exceed three feet in height if freestanding. 2. Directional signs may not exceed four square feet per face. Town of Lillington, NC Unified Development Ordinance IV-19 3. Such signs may contain no copy (such as, company name or logo) other than directional information. 4. Illumination of such signs shall be as permitted for on-premises signs in the land development district where the sign is located. 5. No more than two signs per entrance or exit shall be permitted. I. Gas pump island signs. Portable signs associated with gasoline stations, specifically those denoting gasoline prices, gas types and other petroleum related signage. Such signs must be located at the pump island. J. Incidental signs. Signs containing information necessary or convenient for persons coming onto a premises shall be located on the premises to which the information pertains. 1. No advertising may be affixed to such a sign. 2. Such signs must be single-faced only and wholly attached to a building (may be located on windows or doors). K. Real estate signs. Only one sign is allowed per street frontage. 1. Such signs may not be illuminated. 2. Such signs may be no greater than four square feet in area (all types of signs) and four feet in height (if freestanding) when located on a residential property less than two acres. 3. Such signs may be no greater than 16 square feet in area (all types of signs) and eight feet in height (if freestanding) for non-residential properties or residential properties exceeding two acres. 4. Real estate signs shall be removed within one day after the closing of the sale, rental or lease of the property. L. Political signs. Political signs shall not be located on any trees, utility poles, publicly-owned property or within a public street right-of-way, except within NCDOT right-of-way according to the standards of NCGS 136-32. M. Temporary signs; special event signs. Signs may be erected for promoting special events as follows: 1. Signs for public events may be displayed for a period of 30 days and may be allowed on-or off-premises. Such signs shall be removed within seven days of the end of the special event. 2. Such signs shall not be illuminated. 3. Such signs are limited to 32 square feet in area per display surface and four feet in height. N. Yard sale signs. Such signs may be located on-premises only and may not be located within a public right-of-way nor placed on a tree, street sign or utility pole. 1. Such signs may not be illuminated. 2. Yard sale signs are limited to four square feet in area and four feet in height. 3. One yard sale sign is allowed per street frontage. 4. Such signs must be removed within seven days of erection. Town of Lillington, NC Unified Development Ordinance IV-20 O. Grand Opening Signs. Temporary or portable grand opening signs may be permitted in the NB, CB, GB and O/S Districts for a period of not over 30 days per calendar year to any person(s) or corporation that has opened a new business. Grand Opening Signs include pennants, ribbons, streamers, balloons and/or spinners. P. One “open” sign per tenant. 1. May have a neon light source. 2. Permitted districts: CB, NB & GB. 3. Not exceeding 15 watts and two square feet. Q. Fence Wrapping. Fence wraps displaying signage when affixed to perimeter fencing on construction sites, as described by NCGS 160A-381(j), shall be exempt from the requirements of this ordinance and allowed to remain until: 1. A final Certificate of Occupancy is issued, or 2. 24 months has elapsed from when the signage was installed, whichever is shorter. 4.06.19 PROHIBITED SIGNS A. Off-premises signs. All off-premises signs unless specifically allowed elsewhere in this ordinance are prohibited. B. Animated/flashing signs or signs of illusion. Except for otherwise approved time and temperature signs, signs displaying blinking, flashing or intermittent lights, animation, and moving parts or signs giving the illusion of movement are prohibited. Time and temperature signs that rotate or move are not permitted. C. Signs resembling official signs. Any sign that imitates an official governmental sign, or violates the law of the state relating to outdoor advertising, is prohibited. D. Signs resembling traffic signals. Any sign which by color, location or nature may be confused with official highway signs, warning signs, traffic signals or other regulatory devices are prohibited. 1. Any sign that uses the word “stop”, “slow”, “caution”, “danger”, or any other word which is likely to be confused with traffic directional and regulatory signs is prohibited. 2. Any sign located in a manner or place which might constitute a traffic hazard is prohibited. E. Signs on roadside appurtenances. Signs attached to or painted on utility poles, telephone poles, trees, parking meters, bridges and overpasses, rocks, other signs, benches and refuse containers, and the like are prohibited unless specifically allowed elsewhere in this ordinance. F. Abandoned signs or sign structures. Signs that advertise an activity or business no longer conducted on the property on which the sign is located are prohibited. Conforming signs designed for changeable copy may be covered instead of removed. Town of Lillington, NC Unified Development Ordinance IV-21 1. Sign structures on which no sign is erected are prohibited. 2. Such signs or sign structures must be removed within 30 days of becoming an abandoned sign or sign structure. G. Signs obstructing access. Any sign that obstructs free ingress or egress from a driveway or a required window, door, fire escape, stairway, ladder or other required opening is prohibited. H. Signs with exposed electrical wiring. All wiring shall be contained in conduit or enclosed in poles or raceways. In no case shall the wiring be exposed to the public. I. Signs on public property. Any sign installed or placed on public property or within a public right-of-way, including any sign held by or otherwise displayed upon a person. Such sign shall be forfeited to the public and is subject to confiscation and disposal. In addition to other remedies hereunder, the Administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 4.06.20 MAINTENANCE OF SIGNS Signs shall be kept in proper repair. The following maintenance requirements must be observed for all signs visible from any public street or highway within the jurisdiction of the town. A. Surface appearance. No sign shall have more than 20% of its surface area covered with disfigured, cracked, ripped or peeling paint or poster paper for a period of more than 30 successive days. B. Broken displays. No sign shall remain with a bent or broken display area, broken supports, loose appendages or struts or stand more than 15 degrees from the perpendicular for a period of more than 30 successive days. C. Illuminated signs. No indirect or internally illuminated sign shall have only partial illumination for a period of more than 30 successive days. 4.06.21 INSPECTION AND ENFORCEMENT All signs for which a permit is required shall be subject to inspection by the town. A representative of the town shall be authorized to enter at all reasonable times upon any property or premises to ascertain whether the provisions of the code are being obeyed. The town may order the removal of any sign that is not in accordance with the provisions of the code. 4.06.22 SUBSTANDARD SIGNS A. The owners of any sign judged substandard by the Administrator shall be notified in writing and the said owner shall have 30 days in which to make repairs. If the said order is not complied with within 30 days, the Administrator shall remove such sign at the expense of the owner or lessee thereof plus all legal and administrative fees. B. Any sign installed or placed on public property or within a public right-of-way shall be forfeited to the public and is subject to confiscation and disposal. In Town of Lillington, NC Unified Development Ordinance IV-22 addition to other remedies hereunder, the Administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 4.06.23 SIGNS PERMITTED IN ALLOWANCE, REMOVAL, RELOCATION, RECONSTRUCTION OF NONCONFORMING OFF-PREMISE ADVERTISING SIGNS A. New signs limited. No new outdoor advertising signs shall be permitted in the town except for outdoor advertising signs that are removed, relocated, or reconstructed pursuant to the requirements of this section. B. Qualified signs. A sign with an existing valid permit from the State Department of Transportation and the town. A sign may also qualify if erected prior to applicable zoning regulations. C. Removal/replacement/reconstruction. Any relocated and/or reconstructed qualified sign shall comply with the following standards: 1. The total number of relocated and/or reconstructed signs shall not exceed the number of qualified sign structures and sign faces that are registered as qualified signs. 2. No outdoor advertising sign shall exhibit a face panel size greater than 300 square feet per side or the size of the face panel being relocated and/or reconstructed, whichever is smaller. 3. A relocated and/or reconstructed qualified sign shall be set back no less than ten feet from the edge of the right-of-way. 4. A relocated and/or reconstructed qualified sign shall not exceed 40 feet in height or the existing height, whichever is shorter. 5. A relocated and/or reconstructed qualified sign shall be a column sign. Replaced signs shall not be attached to any building. A relocated and/or reconstructed sign is limited to only have one face per side. 6. Light emitted from any reconstructed qualified sign shall be confined to the sign area and in no case shall light emitted from a billboard be allowed to shine directly onto or into a residentially zoned or used property. Section 4.07 Lighting The provisions contained in this section shall be known and may be cited as the Lillington Lighting Code. 4.07.1 PURPOSE The standards set forth in this section are designed to focus on the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood. It is the intent of this section to: A. Minimize light pollution, such as glare and light trespass. B. Conserve energy and resources. C. Maintain night-time safety and utility. D. Improve the night-time visual environment. 4.07.2 APPLICABILITY Town of Lillington, NC Unified Development Ordinance IV-23 All applications for site plan review, special use, subdivision and/or building permits shall include lighting plans showing location, type, height and lumen output of all proposed and existing fixtures. The applicant shall provide enough information to verify that lighting conforms to the provisions of this lighting code. The Administrator shall have the authority to request additional information in order to achieve the purposes of this Lighting Code. 4.07.3 PROHIBITIONS AND EXEMPTIONS A. Prohibitions. The following lighting types shall be prohibited: 1. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited. 2. The operation of searchlights for advertising purposes is prohibited. 3. Site lighting that may be confused with warning, emergency, or traffic signals is prohibited. 4. lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 5. Awnings and canopies used for building accents over doors, windows, and etc. shall not be internally lit (i.e. from underneath or behind) so as to visually turn a translucent material into an internally illuminated material. Lighting may be installed under canopies that light the sidewalk, or downlights onto the architectural features of a building. B. Exemptions. The following exemptions shall be granted from the requirements of this section: 1. Luminaires used for public-roadway illumination may be installed at a maximum height of 37 feet and may be positioned at that height up to the edge of any bordering property. 2. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this ordinance. 3. All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this Article, except that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task. 4. Individual residential lighting that is not part of a site plan or subdivision plan for street or other common or public area outdoor lighting. 5. Lighting associated with holiday, festival or other temporary uses permitted in this ordinance. 6. Lighting of public art that has been permitted or otherwise approved by the town. 7. Other Municipal or State lighting installed for the benefit of public health, safety, and welfare. 8. All fixtures installed or temporarily used by public agencies, their agents, or contractors for the purpose of illuminating public streets. Town of Lillington, NC Unified Development Ordinance IV-24 9. Lighting of US and North Carolina State Flags provided the flag standard does not exceed the maximum permitted building height for that district. 4.07.4 GENERAL DESIGN STANDARDS A. Background spaces such as parking lots and driveways shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. B. Foreground spaces, such as building entrances and plaza seating areas, shall utilize lighting that defines, highlights, or enhances the space without glare. C. The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. D. Light poles and fixtures shall be of a matte or low-gloss grey, black, dark earthen, or bronze finish, unless permission is granted by the Administrator for a special color scheme or theme. E. Light sources must be compatible with the light produced by surrounding uses and must produce an unobtrusive degree of brightness in both illumination levels and color temperature. F. Natural areas and natural features shall be protected from light spillage from off-site sources. G. All exterior lighting, on or off a building, shall be either amber or white in color with the exception of low-light output (800 lumens or lower) landscaping or other decorative lighting, signage lighting, or customer entrance or service area lights aiming down and installed under a canopy or similar roof structure. 4.07.5 DISTRICT LIGHTING STANDARDS IN FOOTCANDLES A. Maximum lighting levels shall adhere to the standards in the chart below. All numerical values in the chart below represent measurements in footcandles. RR, RS-15, RS- 20, RS-10 RMF, RMX NMX, O/S, CB, NB GB, LI, HI Light Trespass Off Property 0.1 0.3 0.8 1 Display/Canopy Area 8 12 20 20 Parking Areas 4 4 6 6 All other on-site Lighting 4 6 10 10 1. The values in the preceding chart for “All Other On-Site Lighting” and “Display/Canopy Areas” shall represent the maximum point of illuminance measured at grade in footcandles. a. Exception: Outdoor display lots for vehicle sales and leasing may exceed 20 foot-candles if outdoor white lighting is cut off, leaving only security lighting that is amber in color (a temperature rating equal to or less than 2,700 Kelvin), after closing or 11:00 p.m., whichever comes earlier. 2. The values of the preceding chart for the “Light Trespass Off Property” shall represent the maximum point of illuminance as measure at the property line in footcandles. Town of Lillington, NC Unified Development Ordinance IV-25 a. Exception: In the case of buildings closer than 10 feet to the property line using only wall packs, light trespass may be greater than one foot- candle as long as the wall packs are fully shielded to direct the light downward, have a light output of 1,600 lumens or lower, and the light source (lamp) is not visible from off-site. 3. The values of the preceding chart for “Parking Areas” shall represent the average point of horizontal illuminance measured in footcandles, provided that in all districts the maximum uniformity ratio shall be 4:1 minimum to average. 4.07.6 CONTROL OF GLARE A. Pole light fixtures shall have a flat lens oriented horizontally or have shields installed on each side of the fixture to hide the lens. B. Any luminaire shall be a full-cutoff type fixture. C. Any luminaire shall be mounted at a height equal to or less than 30 feet above finished grade. D. The maximum mounting height of all outdoor lighting with a 90 or less degree cutoff fixture shall be 30 feet. The maximum mounting height of all outdoor lighting without a full 90 degree or less cut-off fixture shall be 16 feet. Poles may be mounted on a concrete pier of no more than 3 feet in height. E. Poles shall be matte or low-gloss finish to minimize glare from the light source. F. Other than floodlights, flood lamps, and spotlights all outdoor lighting fixtures of more than 2,000 lumens shall be full-cutoff type fixtures. Any fixture that is not full-cut off shall be a directional fixture (such as flood lights) and may be used provided they shall be aimed and fully shielded to prevent light spillage. G. Exceptions. 1. Non-cutoff decorative post-mounted fixtures equipped with a solid top and mounted 18 feet or less above ground and other non-cutoff dusk to dawn utility type fixtures mounted 25 feet or less may be used. The maximum initial lumens generated by each fixture shall not exceed 9500 initial lamp lumens. 2. All metal halide, mercury vapor, fluorescent, and other white-colored light source lamps used in non-cutoff fixtures (excluding flood lights) shall be coated with an internal white frosting inside the outer lamp envelope. 4.07.7 SECURITY LIGHTING A. Unshielded flood lights and spotlights, installed for security and activated by motion sensor, are permitted. These unshielded lights must be mounted and aimed in a manner that minimizes up-lighting and light trespass. B. All floodlights shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical. All flood or spot lamps emitting 1,000 or more lumens shall be aimed at least 60 degrees down from vertical or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way. Town of Lillington, NC Unified Development Ordinance IV-26 C. Flood lights and display lights shall be positioned such that any such fixture located within 50 feet of a public street right-of-way is mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way. 4.07.8 LANDSCAPE LIGHTING Landscape and decorative lighting using incandescent lighting with a light output of 800 lumens or less is permitted, provided that the light is installed and aimed to prevent lighting build up and light trespass and shielded to prevent view from the public right of way. 4.07.9 OUTDOOR RECREATIONAL LIGHTING Because of their unique requirements for nighttime visibility and their limited hours of operation, ball fields, basketball courts, tennis courts, outdoor performance areas and similar recreational uses are exempt from the exterior lighting standards provided above. However, these uses shall adhere to the requirements below. A. Outdoor recreational lighting shall not exceed a maximum permitted post height of 80 feet. The Administrator may set a shorter maximum pole height if the specific recreational use does not require the taller pole. B. Lights shall be shielded and positioned so as not to shine onto adjacent roadways or properties. C. All fixtures shall be fully shielded or be designed or provided with Manufacturer’s Glare Control Package, so as to minimize up-light, spill-light, and glare. D. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted. The maximum permitted illumination at the property or right-of-way line shall not exceed 2 foot-candles and all lights, except for any amber color (a temperature rating equal to or less than 2,700 Kelvin) security lights, shall be cut off after use. 4.07.10 STREET LIGHTING A. Street lighting shall be placed on all streets to allow for the safe use of streets by both cars and pedestrians. All street lighting shall be placed in accordance with the standards of the Lillington Public Works Department or the standards in the most recent edition of the Illumination Engineering Society of North America, “Lighting Handbook.” B. Pedestrian scaled lighting (no taller than 18 feet) shall be required in the NMX, CB, O/S, and NB districts using decorative fixtures of a similar character to those existing in these districts (see images at left). Town of Lillington, NC Unified Development Ordinance IV-27 C. Pedestrian-scaled lighting (no taller than 18 feet) shall be prioritized over automobile lighting in all districts. Lighting shall be placed in a manner to limit the casting of shadows on sidewalks. D. All street lights shall utilize a cutoff fixture. Where buildings are close to the street (less than 15 feet from the right-of-way), full cutoff fixtures are required to limit glare and light spillage on upper levels. E. Alleys are excluded from the spacing and lighting requirements of this section. 4.07.11 ADDITIONAL LIGHTING USE REGULATIONS FOR SPECIFIC AREAS A. Building Façade Lighting 1. Floodlights, spotlights, or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. 2. On-site lighting may be used to accent architectural elements but not used to illuminate entire building(s). 3. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. 4. Building facade and accent lighting will not be approved unless the light fixtures are selected, located, aimed, and shielded so that light is directed only onto the intended target and spillover light is minimized. 5. Wall packs on buildings may be used at entrances to a building to light unsafe areas, but must be fully shielded to direct the light downward, must have a light output of 1,600 lumens or lower, and the light source shall not be visible from off-site. B. Outdoor Display Areas. The mounting height of outdoor display area fixtures shall not exceed 30 feet above finished grade. C. Lighting for Vehicular Canopies. Lighting under vehicular canopies shall be designed so as not to create glare off-site. Acceptable methods include one or more of the following: 1. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the vehicular canopy. 2. Surface mounted fixture incorporating a flat lens that provides a cutoff or shielded light distribution. 3. Other methods approved by the Administrator. 4.07.12 COMPLIANCE A. Lighting plans required as part of a site construction plan shall include, at a minimum, the following information: 1. Point-by-point footcandle arrays in a printout format indicating the location and aiming of illuminating devices. The printout shall indicate compliance with the maximum maintained footcandles required by this ordinance. 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices (including but not limited to Town of Lillington, NC Unified Development Ordinance IV-28 manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indicating fixture classification [cutoff fixture, wall pack, flood light, etc.]). 3. After installation of on-site lighting, a certification of compliance statement must be submitted to the Administrator prior to the issuance of a Certificate of Occupancy. B. Subsequent phases of an entire development shall have a uniform design plan for lighting and fixtures. New phases must meet all requirements in effect at the time of obtaining a permit, but lighting plans must consider preexisting lighting in earlier phases, both in design and intensity of light. Section 4.08 OPEN SPACE STANDARDS This section shall be referred to as the Lillington Open Space Standards or open space standards. 4.08.1 USABLE OPEN SPACE (PARK SPACE) REQUIRED A. Except as provided in paragraph (F) of this section, every single-family residential (attached & detached) development shall be developed so that at least three (3) percent of the total area of the development remains permanently as usable open space. Multi-family developments shall provide a minimum of five (5) percent usable open space. See Section 4.09.06 – Multi- Family Development Standards for additional opens space and amenity requirements for Multi-family developments. B. For purposes of this section, usable open space means an area that: 1. Is not encumbered with any substantial structure; 2. Is not devoted to use as a roadway, parking area, or sidewalk, provided, however that multi-use trails may be counted towards required open space; 3. Reflects the character of the land as of the date development began. Wooded areas shall be left in their natural or undisturbed state except for the cutting of trails for walking, bicycling or jogging. Areas not wooded shall be landscaped for open play fields, picnic areas or similar facilities, or be properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives of this section; 4. Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; 5. Is part of an independent Lot shown on the plan as being reserved for open space; and 6. Is legally and practicably accessible to the residents of the development from which the required open space subdivided or to the public if the open space is dedicated to the Town. Town of Lillington, NC Unified Development Ordinance IV-29 C. Usable Open Space shall include: Greenway/Park: A natural preserve available for unstructured recreation. Its landscape shall consist of paths and trails, meadows, waterbodies, woodland and open shelters, all naturalistically disposed. Parks may be linear, following the trajectories of natural corridors (greenways). The size shall be .5 – 5 acres (except greenways where there is no minimum). Green: An open space available for unstructured recreation. A Green may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. For the purposes of this section, standalone dog parks shall be considered a variation of the Green park type. The minimum size shall be .5 acres. Squares: An open space available for unstructured recreation and civic purposes. A Square is spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at intersections. The minimum size shall be .25 acre and the maximum shall be 2 acres. Playgrounds: An open space designed and equipped for the recreation of children. Playgrounds shall be interspersed within residential areas and may be placed within a block. There shall be no minimum or maximum size. Town of Lillington, NC Unified Development Ordinance IV-30 Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Community gardens should accommodate individual storage sheds. Town of Lillington, NC Unified Development Ordinance IV-31 D. Location & Visibility. 1. Land for usable open space (park space) shall be centrally and internally located as to serve the needs of the residents of the neighborhood. 2. Usable open space (park space) shall serve as focal points for developments. 3. All usable open space (park space) shall be conveniently accessible to all residents of the development and shall have at least 20 feet of frontage on at least one public street within the development. 4. No residential unit within a development shall be further than ¼ mile, as measured along a street or pedestrian path, from usable space (park space) or other publicly accessible park facility. 5. All usable open space (park space) shall be visible from dwelling units that are adjacent to the park area. This includes dwelling units on properties that share a property boundary with the park space or front the park space from directly across a street. E. Minimum Amenities within Usable Open Space. 1. Required usable open space (park space) shall be planned, improved, and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and shall contain two (2) or more of the following amenities: landscaping, walls or pathways, fences, walks, lighting and electricity, fountains, ball fields, and/or playground equipment. 2. Public Seating: Provide seating areas appropriate to the intended use of the park space (e.g., park benches and durable theft/vandalism-resistant chairs and garden wall seats). 3. Trash Receptacle: At least one (1) garbage receptacle shall be required for each park space. 4. Bicycle Parking: At least two (2) bicycle parking spaces shall be required for every one-quarter acre of park space and every ½ mile of greenway. 5. Minimum Amenities - Playground per 4.08.1.C: Playground equipment shall be equivalent to the standards established by the Consumer Products Safety Commission and ASTM for playgrounds. 6. Minimum Amenities - Greenway per 4.08.1.C: A greenway path is credited toward the minimum park space dedication requirement at a rate equal to the length of the path times 20 feet in width. The minimum width of the paved path shall be 10 feet. F. Credit for Proximity to Existing Park Space. Developments that are proximate to an existing town-owned, publicly-accessible park space may count all such lands in their park space dedication requirement up to 25% of the required total, subject to the provisions below. 1. The existing park or parks must be within ½ mile of the development, as measured along a road or pedestrian path, to be considered proximate. Town of Lillington, NC Unified Development Ordinance IV-32 2. Adequate pedestrian access from the development to the existing park space must be provided as determined by the Administrator. G. Credit for Neighborhood Amenities. Developments that provide neighborhood amenity facilities will receive a credit of 25% of the required total, subject to the provisions below. 1. The facilities are open to all residents of the neighborhood and are not subject to a private membership separate from any related POA dues. 2. Such facilities shall, at a minimum, include a clubhouse a minimum of 800 square feet and either tennis courts (minimum of 2 courts) or a pool (a minimum of 2,000 square feet in water surface area). H. The following areas shall not count toward common open space set-aside requirements: 1. Private Lots, yards, balconies and patios dedicated for use by a specific dwelling unit; 2. Electric or gas transmission line rights-of-way; 3. Public right-of-way or private streets and drives; 4. Open parking areas and driveways for dwellings; 5. Land covered by structures except for ancillary structures associated with the use of the open space such as gazebos and picnic shelters; 6. Designated outdoor storage areas; 7. Land areas between buildings of less than forty (40) feet; 8. Land areas between buildings and parking lots or driveways of less than forty (40) feet in width; 9. Required setbacks; and 10. Detention/retention facilities except as permitted by the Administrator. I. Subdivided residential developments of less than twenty-five (25) dwelling units are exempt from the requirements of this section unless the Town agrees that it will accept an offer of dedication of such open space and in that case the offer of dedication shall be made. 4.08.2 OWNERSHIP AND MAINTENANCE OF RECREATIONAL AREAS AND REQUIRED OPEN SPACE: A. Open space required to be provided by the applicant in accordance with these open space standards shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a property owner’s association or similar organization that satisfies the criteria established in Article 5 – Subdivisions & Infrastructure. Open space shall be designated as an independent lot on the plat and shall be noted as being reserved for their intended purposes. B. The person or entity identified in paragraph (A) as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same. Town of Lillington, NC Unified Development Ordinance IV-33 C. Open space may be dedicated to a registered land trust, if approved by the Board of Commissioners. 4.08.3 DEDICATION OF OPEN SPACE A. If any portion of any lot proposed for development lies within an area designated on the officially adopted Comprehensive Parks Master Plan as a public park or part of the public greenway system, the area so designated (not exceeding three percent of the total lot area) shall be included as part of the area set aside to satisfy the requirement of this section. This area shall be dedicated to public use. B. If more than three percent of a lot proposed for development lies within an area designated as provided in paragraph (A), the Town may attempt to acquire the additional land in the following manner: 1. The applicant may voluntarily dedicate the additional land to the Town; 2. The applicant may be encouraged to develop an integrated subdivision, cluster subdivision or some other applicable development pattern and to dedicate the common open space created thereby; or 3. The Town may purchase or condemn the land. 4.07.4 FLEXIBILITY IN ADMINISTRATION AUTHORIZED A. The requirements set forth in this article concerning the amount, size, location and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Board of Commissioners as standards that presumptively will result in the provision of that amount of recreational facilities an open space that is consistent with officially adopted Town Plans. The Board of Commissioners recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit issuing authority is authorized to permit minor deviations from these standards whenever it determines that: 1. The objectives underlying these standards can be met without strict adherence to them; and 2. Because of peculiarities in the applicant's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards. B. Whenever the Permit Issuing Authority approves a deviation from these open space standards pursuant to paragraph (A), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 4.07.5 OPEN SPACE LINKAGES Where a trail, natural area or public park is dedicated to or acquired by the Town, such area may be credited toward the minimum amount of common open space required. Town of Lillington, NC Unified Development Ordinance IV-34 4.07.6 NATURAL OPEN SPACE REQUIRED A. Every single-family residential development shall be developed so that at least 5 percent of the total area of the development remains as natural open space. B. Every multi-family development shall be developed so that a minimum of ten (10) percent of the total site remains as natural open space. See Section 4.09.06 – Multi-Family Development Standards for additional opens space requirements for Multi-family developments. C. See Section 5.13.3 for regulations related to Cluster Subdivisions and Developments. 4.07.7 NATURAL OPEN SPACE DESIGN CRITERIA All required open space shall meet the following design criteria, as applicable: A. Water bodies, retention areas, detention basins and wetlands basins, may constitute up to forty (40) percent of required open space, provided that retention facilities are designed to provide safe access to water. Unless otherwise approved by the Board of Commissioners, side slopes to retention facilities shall provide at least six (6) feet of horizontal run for each foot of vertical rise. B. At least thirty (30) percent of required open space must be dry land with a slope of less than ten (10) percent unless otherwise approved the Board of Commissioners. C. Unless otherwise approved by the Board of Commissioners, open space shall be continuous, contiguous with open space on abutting properties and accessible to the public. 4.07.8 CONNECTIVITY REQUIRED To the maximum extent practicable, common open space shall be organized to create integrated systems of open space that connect with the following types of lands located within or adjacent to the development: A. Dedicated public park or greenway lands; B. Dedicated school sites; C. Other dedicated open spaces; D. Common open space located adjacent to the development; E. Portions of the regional trail and open space system; 4.07.9 OWNERSHIP & MAINTENANCE The designated common open space and common facilities are outlined in Section 5.16 of this ordinance. Section 4.09 LANDSCAPING AND BUFFERING This section shall be known as the Town of Lillington Landscaping Code or Landscaping Code. 4.08.1 FINDINGS AND PURPOSE The standards established in this ordinance are intended to preserve, protect, restore and enhance the aesthetic appeal and scenic beauty of this town; provide adequate buffering between land uses; reduce noise and air pollution; reduce Town of Lillington, NC Unified Development Ordinance IV-35 stormwater run-off; filter and reduce glare from artificial light sources; provide shaded areas along streets, sidewalks and in parking lots; provide a continuity of vegetation throughout the town; encourage the preservation of existing trees and vegetation; safeguard and enhance property values; and protect the public health, safety and general welfare. 4.08.2 APPLICABILITY The landscaping and buffering standards of this section shall apply to the following: A. All new developments (except for infill single-family detached) shall be designed in accordance with the requirements of this article. B. See Section 8.02.1 for all other non-conforming standards. 4.08.3 STREET TREES A. Street trees are an essential part of the town streetscape. The Town seeks to maintain existing trees where possible and to encourage the planting and continuance of the established street tree patterns. B. To accomplish this objective, the following shall apply: 1. All subdivisions and developments subject to site plan approval shall provide street trees along their frontage with adjacent public streets in conjunction with low growing vegetation as outlined in any specific streetyard requirements . 2. Street trees and other associated plantings shall be selected from the list of large trees, or, where power lines are located, small trees, low growing, and mid-story vegetation, included in Appendix A. 3. Planting strips shall be a minimum of six ten (106) feet wide unless otherwise specified. 4. Planting location shall take into consideration planned roadway widening, public safety, standard drainage requirements and maintenance of sight distances for traffic safety. Street trees may be planted within the right-of-way, within planting strip abutting the right- of-way or other location approved by the Permit Issuing Authority. C. Street trees, unless subject to overhead power lines, shall be planted at the rate of one (1) three-inch caliper tree per thirty (30) feet of property line abutting a public street, excluding driveways and traffic visibility zones. This rate may be varied based upon existing trees and the crowns of planted trees. D. Trees used to meet buffer and vehicle use area requirements, may be used to meet the street requirements to the extent that the trees are located within twenty-five (25) feet of a street. 4.08.4 BUFFER YARD REQUIREMENTS Buffers provide compatible transitions between differing land uses, reduce the Town of Lillington, NC Unified Development Ordinance IV-36 visual impacts of development and retain existing plant materials. A. Buffers are required along the common property lines between Developments and those areas that abut public rights-of-way, private ingress/egress easements, railway easements, in different zoning districts, or between developments of different uses as established in this sSection. B. Buffer requirements shall not apply when a public street or railroad right- of-way separates applicable zoning districts or uses. B. Buffer yard planting areas must provide a continuous mulched line. The balance of the buffer yard shall be sodded and maintained in good condition. C. The chart below establishes the minimum buffer widths for proposed development. Adjacent Zoning District District of Proposed Development RR, RS-20, RS-15, RS-10 RMX, RMF O/S, NB NMX, CB GB LI, HI RR, RS-20, RS-15, RS-10 None None B None A A RMX, RMF C None None None A A O/S, NB B C None None None None NMX, CB C C None None None None GB A A B C None None LI, HI A A A A B None A = Type A Buffer B = Type B Buffer C = Type C Buffer 4.08.5 BUFFER YARD COMPOSITION The required buffer yard types may be established using a combination yard widths, evergreen trees, canopy trees, understory trees, shrubs, fences, walls, and berms. The following tables illustrate the required elements for each buffer yard type. A. Type A Buffer: The intent of the Type A Buffer is to create a completely opaque buffer, having no horizontal openings from the ground to a height of 8 feet within 2 years of planting. Type A buffers can be achieved in 3 ways: Type A Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 40’ 4 Evergreen Trees 4 Canopy Trees 4 Understory Trees 48 Shrubs Not Required Option 2 30’ 2 Evergreen Trees 1 Canopy Trees 2 Understory Trees 12 Shrubs Berm Option 3 20’ 1 Evergreen Trees 1 Canopy Trees 3 Understory Trees Fence or Wall Formatted: Font color: Custom Color(RGB(35,31,32)) Town of Lillington, NC Unified Development Ordinance IV-37 12 Shrubs B. Type B Buffer: The intent of the Type B Buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 10% of the total width, from the ground to a height of 8 feet within 2 years of planting. A Type B Buffer can be achieved in 2 ways as specified below. Type B Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 20’ 2 Evergreen Trees 1 Canopy Trees 2 Understory Trees 12 Shrubs Not Required Option 2 10’ 1 Evergreen Trees 1 Canopy Trees 3 Understory Trees 24 Shrubs Berm C. Type C Buffer: The intent of the Type C Buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 25% of the total width, from the ground to a height of 6 feet within 2 years of planting. A Type C Buffer can be achieved in 2 ways as specified below. Type C Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 20’ 1 Canopy Trees 2 Understory Trees 8 Shrubs Not Required Option 2 10’ 2 Canopy Trees 2 Understory Trees 12 Shrubs Not Required 4.08.6 ADDITIONS TO BUFFERS AND SCREENING When it is determined that the conflict of land use is so great that the public safety is not served adequately by the minimum buffer and screening requirements, or where there is a need to prevent a high degree of visual, audio, or physical disorders, then the Administrator may require the installation of fencing or earthen berms in addition to the minimum required buffers and screening, according to the standards below. A. Fencing or Walls. Where required as part of a buffer yard, fencing or walls must adhere to the provisions below. Nothing in this section shall prohibit the owner of a single familysingle-family dwelling from constructing a separate fence along the borders of such property, provided that all required buffer plantings are maintained. 1. In all cases, the finished side of the fence must face the use with the lower intensity. 2. Permitted fence or wall materials include:include masonry, stone, architectural block, stucco on masonry, metal elements,wood or other similar of solid appearance. Town of Lillington, NC Unified Development Ordinance IV-38 3. The design of fencing or walls shall be sufficient to meet the extent of physical screening required by the Administrator. 3. Fencing that is required as a component of a buffer yard must contain elements that are architectural in nature. A detailed fencing plan must be submitted and approved in conjunction with all development projects. Masonry pillars, scalloping of fencing materials, and decorative design are example of such elements. 4. 4.5. The height of the fence shall be determined by the Administrator based on the following variables: site conditions; topography; use; and/or building height. The minimum height of a fence or wall required by this section shall be 6 feet. B. Berms. Earthen berms may be required in combination with plant material and fencing for the purposes of screening. Berms shall be tapered appropriately to allow for practical maintenance. 1. The slope of all berms shall not exceed a 2:1 ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of 6 feet above the toe of the berm. 2. All berms regardless of size, shall be stabilized. Topsoils brought in for mounds are to be mixed with native soil to avoid interfacing problems. 3. Berms shall be constructed as to provide adequate sight distances at intersections and along all roads. 4. Berms proposed to satisfy the screening requirements of this section shall be vegetated as required by this section. Use of berms as a substitute for existing healthy vegetation is strongly discouraged. 4.08.7 STREETYARD BUFFERING FOR DEVELOPMENT PROJECTS A. All subdivisions of property not qualified according to the criteria in Article 7 – Administration and Development Processes are required install a streetyard buffer. B. Buffers for subdivision projects subject to site plan approval are required to be designed and installed as a type A, option 2 buffer yard pursuant to the specific streetyard buffering criteria located in sections 4.08.5 and 5.10.7. C. All other development projects not qualified as a minor subdivision as described above will be required to design and install at minimum, a type C option 2 buffer yard pursuant to the specific streetyard buffering criteria located in sections 4.08.5 and 5.10.7. 4.08.87 VEHICULAR USE AREA SCREENING & LANDSCAPING A. All off-street parking, loading areas, and service areas adjacent to and/or visible from a public right-of-way and adjacent properties shall be screened from view by use of one or more of the following: • A building or buildings; Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Outline numbered + Level:3 + Numbering Style: 1, 2, 3, … + Start at: 7 +Alignment: Left + Aligned at: 0.44" + Indent at: 0.99" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Numbered + Level: 3 + Numbering Style:A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.29" Formatted: Font: (Default) Arial, 11 pt Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Not Bold Formatted: List Paragraph, Indent: Left: 1.29" Town of Lillington, NC Unified Development Ordinance IV-39 • A change in topography; • A planting area a minimum of 8 feet wide planted with evergreen shrubbery placed a maximum of 5 feet on center. All shrubs shall achieve a height of 4 feet within 3 years. • Fencing, walls, or berms. B. In addition to screening requirements, canopy trees shall be installed in planting areas within parking lots to provide shade coverage for all parking spaces within vehicle service areas. Such planting areas shall meet the following requirements: 1. Planting Area Size: The minimum size of a planting area is dependent upon the number of canopy trees planted within it, as described below: Number of Canopy Trees in Planting Area Minimum Size of Planting Area 1 400 square feet 2 700 square feet 3 or more 300 square feet per tree 2. Planting Area Width: A minimum horizontal dimension of 9 feet measured from back of curb, pavement, sidewalk or other separating structure is required for all planting areas. 3. Planting Strip Location: A continuous linear planting strip shall be provided between each 2 parking bays. 4. Minimum Spacing: All parking spaces, or portions thereof, shall be within 60 feet of a planted canopy tree trunk. 5. Groundcover: Each planting area shall be landscaped with mulch, groundcover, or shrubs to protect against soil erosion. 6. Barriers or Wheel Stops: Barriers, such as wheel stops or 6-inch standard curbs, must be provided between vehicular use areas and landscaped areas. 7. Conflict with Parking Lot Lighting: Trees shall be located and planted so as not to diminish the effectiveness of required parking lot lighting, and in no instance shall lighting be located closer than 15 feet to canopy trees and 8 feet to understory trees. 4.08.98 DUMPSTERS AND MECHANICAL UTILITIES SCREENING A. All dumpsters, loading docks, outdoor storage areas and utility structures, which are visible from a public street or adjacent property line, shall be screened unless already screened by an intervening buffer yard. Such equipment shall be considered out of view if it is within the 45 degree angles projected from the building edges. B. Screening shall consist of evergreen shrubs, fencing, walls or berms, and shall comply with all other standards of this section. C. All screening of utilities shall comply with the requirements of the utility provider. Town of Lillington, NC Unified Development Ordinance IV-40 D. Where possible, enclosures for dumpsters are encouraged to be constructed with materials that are compatible with the design and materials of the principal building. Screening may be created through the use of: 1. Solid-wood fence, or fabricated metal fence, each with shrub plantings placed around the enclosure (they do not need to completely screen the enclosure) that grow as high, or nearly as high, as the fence to provide an attractive separation, or 2. Brick fence, brick/split face block, or decorative block (plantings not required). 4.08.109 GENERAL INSTALLATION AND MAINTENANCE STANDARDS It shall be the responsibility of the property owner(s) or assigned caretakers to ensure that all regulated landscaped areas, buffers, fencing, and tree save areas are installed, preserved, and maintained in good growing conditions, appearance, and usefulness. Damage and disturbances to these areas shall result in vegetation replacement and/or fines and other penalties. Preservation and maintenance shall include: A. Any dead, unhealthy, or missing vegetation, shall be replaced with vegetation that conforms to the standards of this section and the approved site and/or subdivision plan. B. All required buffers, streetyards, vehicular use areas, tree save areas and other landscaped areas shall be free of refuse and debris, shall be treated for pest/diseases in accordance with the approved site and/or subdivision plan, and shall be maintained as to prevent mulch, straw, dirt, or other materials from washing onto streets and sidewalks. C. The owner(s) shall take actions to protect all plant material from damage during all facility and site maintenance operations. All plant material must be maintained in a way that does not obstruct sight distances at roadways and intersections, obstruct traffic signs or devices, and interfere with the use of sidewalks or pedestrian trails. Plant material, whether located within buffers, tree save areas, or within planted areas (required by the site and/or subdivision plan) shall not be removed, damaged, cut or severely pruned so that their intended form is impaired. Shrubs within vehicular use areas, streetyards, and street fronts may be pruned, but must maintain at least 3 feet in height. D. In the event that existing required vegetation located within any buffers, tree save areas, streetyards, vehicular use or other landscape areas poses an immediate or imminent threat to improved structures on private property or public property, excessive pruning or removal of the vegetation may be allowable provided authorization is obtained from the Administrator, and the performance standard of the landscape area is maintained consistent with this section. Replacement vegetation may be required as a condition of the permit. Town of Lillington, NC Unified Development Ordinance IV-41 E. In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence, the owner may be required to replant if the requirements of the section are not being met. Replacement vegetation shall conform to the standards of this section and the approved site and/or subdivision plan. 4.08.110 RECOMMENDED PLANT LIST See Appendix A for the Town’s official plant list. It contains some plant species that are native to the town area or are known to be suitable for the climate of the town area. Applicants seeking landscape approval shall not be required to select materials from the following list, but shall be required to select plant species that are known to be suitable for the climate of the town area. Section 4.10 BUILDING DESIGN STANDARDS 4.09.1 PURPOSE The purpose of this article is to ensure architectural compatibility, permanence and style; the preservation and enhancement of the town’s aesthetic integrity and architectural character; support tourism and stimulate local economic development, preserve private property values; and maintain a high quality of life throughout the town. The town desires that all development be treated as a lasting contributor to the community and as a good neighbor to its surroundings and the town believes that well-designed and well-maintained developments is in the best interests of all residents and businesses. 4.09.2 APPLICABILITY A. While this section provides specific standards for development, it cannot, and is not intended to, cover all circumstances. Rather the structure and content of the manual are meant to give developers and reviewers the perspective to address the unique conditions of each project, while giving builders the flexibility to develop their own designs that meet the intent, principles and spirit of the guidelines. B. The Building Design Review process as outline in Section 7.05.3 of this ordinance shall apply to the following: Town of Lillington, NC Unified Development Ordinance IV-42 1. New development. All new construction shall conform to the requirements of this section. 2. Renovation and expansions to existing development. If the total repairs and/or renovations to an existing building within a five-year period enlarge the footprint 50% or more or collectively cost more than 50% of the tax value as recorded in the county tax record at the date of application, such development shall be required to meet the minimum requirements set forth to the fullest extent technically feasible. 3. Maintenance and changes. Maintenance and changes to exterior existing building elements and facades for development less than 50% of tax value will apply only to the specific change. Approved site plans may not be further modified before or after construction, installation or occupancy without review and approval of the Administrator. The passage of time shall not remove this requirement for review and approval if changes in design, including color, are proposed for any building, built prior to or after the adoption of this chapter, within the town which is subject to these provisions. 4. Multi-family & residential facilities. All multi-family developments and other residential facilities are subject to these regulations. Single family dwellings (attached & detached) and duplexes subject to regulation under the North Carolina Residential Code for One and Two Family Dwellings shall be exempt from these regulations. Voluntary building design standards may be applied to single family dwellings (attached & detached) and duplexes structures upon consent by the owner at the time of zoning, subdivision, or sit plan approval. 5. Overlay Districts. For properties located within an overlay district – see Article 2 – Zoning District Provisions for additional specific development standards. 4.09.3 GENERAL BUILDING DESIGN STANDARDS A. Applicability. These standards shall apply to all non-residential land uses except multi-family developments (see Article 2 – Zoning District Provisions for Additional Downtown Overlay Standards and Section 4.09.06 for multi- family development standards). B. Frontage. The primary entrance shall be architecturally and functionally designed on the front facade facing a public street. (Exception: buildings that are interior to a site that has buildings that otherwise meet the frontage requirement as approved by the Administrator.) C. Underground wiring. To reduce the visual impact of overhead wiring, utility services shall be located underground. Wooden poles and/or flood lights are prohibited. D. Building Design Town of Lillington, NC Unified Development Ordinance IV-43 1. Generally. The front facade should be divided into a base, middle and top. When two or more materials are used on a facade, the heavier material (e.g., brick) should be placed below the lighter material (e.g., siding) to give a sense of support and grounding. a. Manufactured, mobile and metal units are prohibited, except for a temporary construction, sales trailers or storage uses during construction projects. b. Front facades and exterior walls visible from the public right(s)-of-way shall be at least 60% brick, stucco, stone, wood clapboard siding, cementitious fiber board or other materials similar in appearance and durability. Vinyl siding, painted concrete block, cast concrete and metal may be used on building walls as minority elements or accent materials on walls that are visible from the public right-of-way provided that they do not compose greater than 40% of the facade. c. At least 25% of walls not visible from the public right(s)-of-way shall meet the same requirements for front facades and exterior walls visible from the public right(s)-of-way. d. Predominant wall materials shall have the appearance of brick. Predominant wall materials shall cover at least eighty (80) percent of walls, exclusive of windows and doors. Stucco, stone and cementitious lap siding may be used as accent materials. Materials with the appearance of concrete block, smooth concrete, corrugated or standing seam metal are prohibited. e. Brick, stone or wood facades shall not be covered or replaced with artificial siding or panels. Pitched roofs shall be clad in wood shingles, standing seam metal, corrugated metal, slate or asphalt shingles. All accessory buildings shall be clad in materials similar in appearance to the principal structure. 2. Wall material maintenance. All exterior surfaces, which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed. a. All exterior surfaces, which have or have not been painted, shall be maintained free of peeling and flaking paint or stucco. Rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns. b. Where 33% or more of the aggregate of any painted or stuccoed wall shall have peeling or flaking paint or stucco worn away, the entire wall shall be scraped and repainted or recovered with stucco. 3. Entries. Building façades shall be designed with entries that are no further than one hundred and fifty (150) feet apart. Building entries should be clearly defined, visible entrances, providing access from the front of the Town of Lillington, NC Unified Development Ordinance IV-44 building to the pedestrian zone, and featuring no less than three of the following: a. Canopies or porticos; b. Awnings; c. Overhangs; d. Recesses/projections; e. Arcades; f. Raised corniced parapets over the door; g. Peaked roof forms or arches; h. Outdoor patios; or i. Display windows. E. Facade colors. Color is an integral element of the overall design. 1. Facade colors shall be of low reflectance earth tone, muted, subtle or neutral colors. 2. Natural tints of materials such as reds, browns, tans, grays and greens shall be used as primary colors. 3. Brick, concrete and stone will have an inherent color, created by nature or during the manufacturing process. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high- intensity, metallic, fluorescent or neon colors shall be prohibited. F. Roof pitch. Roofs with pitches less than 3:12 and flat roofs will require a parapet wall on all sides visible from a public right- of-way. A pitched roof shall be profiled by eaves a minimum of six inches from the building face or with a gutter. Parapet walls shall have decorative cornices/caps. Roof lines shall be varied to reduce the scale of structures and visual interest and shall be articulated every 30 to 60 feet depending on the type of building (see illustration to left). The parapet shall be constructed so as to conceal all roofing material and equipment such as rooftop venting systems from any adjoining public right-of-way. G. Rooflines 1. Rooflines shall be varied in height, or at least every thirty (30) feet along any side of a building facing a street. Hips, gables or changes in parapet elevation shall be used to provide relief in height. 2. Gable and hip roofs are allowed; parapets shall be used to conceal flat roofs and rooftop mechanical equipment from public view. Town of Lillington, NC Unified Development Ordinance IV-45 3. The parapet design shall be a minimum of three (3) feet in height and shall incorporate a three-dimensional cornice treatment. H. Public art. Public art, such as statues, fountains and other works of art are encouraged and may be placed in any required front setback are as well in other appropriate areas. I. Compatibility. Adjacent buildings within 500 feet should relate in similarity of scale, height, architectural style and/or configuration. Relate setbacks of new construction to setbacks of existing buildings or developments. Limit setback variation to 20% of average setback of existing appropriate development on a street for both residential and nonresidential development. J. Human scale. 1. Windows, doors, columns, eaves, parapets and other building components shall be proportional to the overall scale of the building. Windows shall be vertically proportioned wherever possible. 2. The primary entrance shall be both architecturally and functionally designed on the front facade of the building facing the primary street. Such entrances shall be designed to convey their prominence on the fronting façade. I. Windows. Except for civic and industrial buildings, at least 40% of the length of the first floor on primary street fronting facades shall be in windows or doorways. Street level windows should be visually permeable. For buildings on a corner, the first floor secondary street facade shall be at least 10% windows. A window or functional general access doorway shall be located This series of diagrams illustrates how architectural elements and materials can break a massive building down to a human scale. Town of Lillington, NC Unified Development Ordinance IV-46 along the length of the facade at least every 20 feet. A window shall be measured as follows: Max. sill height (first floor) 42 inches Min. area 16 square feet Min. height 4 feet Min. width 3 feet J. Window maintenance. All windows must be tight fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints or broken or loose mullions shall be replaced. All broken and missing windows shall be replaced with glass or plexi-glass. All exposed wood shall be repaired. All openings originally designed as windows shall be maintained as windows, complete with sills, lintels, frame and glass, unless specifically approved by the Fire Chief for enclosure. Where the Fire Chief approves the enclosure of a window, it must be so enclosed by either bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior to prevent water intrusion and painted or stained to properly conform with the other exterior portions of the building. K. Recesses and projections. Facades greater than 30 feet in length, measured horizontally, must incorporate recesses, arcades, awnings and projections along at least 20% of the length of the facade. When used, awnings and canopies shall be placed at the top of window or doorway openings, and shall not extend beyond such openings, unless otherwise approved by the Administrator. No awning shall extend more than the width of the sidewalk or ten feet, whichever is less. Awnings must be self- supporting from the wall. No supports shall rest on or interfere with the use of pedestrian walkways or streets. In no case shall any awning extend beyond the street curb or interfere with street trees or public utilities. Awnings and canopies shall complement the color and material of the building which they are affixed. Town of Lillington, NC Unified Development Ordinance IV-47 L. Awning or marquee maintenance. In the event such awnings or marquee are made of cloth, plastic or of a similar material, such awnings or marquee shall be maintained so as not to show evidence of tearing, ripping or other holes which diminish their function and cause unsightly conditions. Whenever an awning is removed, all supporting members shall be removed within two years of adoption of this code and thereafter, immediately upon removal of any awning. M. Accessory buildings and devices. Building and devices that are ancillary to the primary building such as loading, trash containment, maintenance, storage and mechanical/electrical areas and the devices and equipment associated with these areas shall be incorporated in the overall design, architecture and landscape so that the visual and acoustic impacts of these functions and devices are fully contained and out of view from adjacent properties and public areas. All accessory structures shall be constructed of the same materials and colors as used for the main building. N. Connectivity. 1. Generally. A community is made up of both social and physical connections. Connecting uses means making clear pedestrian and vehicular pathways between developments. It also means intermingling compatible uses. A strong sense of community, the highly valued “small town atmosphere,” depends on having such convenient and easy access to a variety of activities and uses. This connection of uses is very important to the function of a livable, pedestrian-oriented community such as the town desires. Because many policies of recent decades have resulted in or even required the separation of projects and uses, this all- important design principle perhaps will require the greatest adjustment in how development occurs. 2. Connectivity requirements. a. Individual developments shall be joined together with roads and continuous sidewalks and paths versus a collection of separate development pods. Within a development, easy-to-use internal Town of Lillington, NC Unified Development Ordinance IV-48 circulation is provided not only for cars but for pedestrians and bicyclists between all buildings and spaces. b. Buildings shall be oriented to roads and sidewalks with orientation to parking areas being secondary. Buildings and whole developments are not isolated from one another with extensive buffers. c. Pedestrian and vehicular links shall be linked to parks, schools and other public destinations whenever possible. d. Sidewalks shall be continuous along public streets. Sidewalks shall connect buildings to the public sidewalk and to each other. Safe and frequent crossings shall be provided for pedestrians. Pedestrian connections shall be made to large office developments from a nearby hotel. Design sidewalks appropriately for the site and the expected amount of foot traffic. In commercial areas where foot traffic is expected, sidewalks should be a minimum of ten feet. Sidewalks in residential areas can be four feet. All pathways including but not limited to sidewalks and crosswalks shall meet the minimum American with Disabilities Act (ADA) requirements. O. Reducing parking impacts. 1. Generally. A key principle of the town’s design vision is to reduce the visual impact of parking. This goal includes reducing the image of the “sea of parking” one finds along corridors at retail centers and the “garage-scape” in neighborhoods. Parking is necessary at work, at home, and at destinations throughout the town. However, there is no reason why it needs to dominate the view. 2. Parking lot standards. a. A minimum of 20 to 40% of the required parking is placed to the side or rear of development projects, reducing large expanses of parking in front of developments. This parking is essentially overflow parking for peak usage during the year. Buildings shall be more prominent than parking lots (see below): Town of Lillington, NC Unified Development Ordinance IV-49 b. Parking areas including drives and accessways shall be surfaced with either asphalt or concrete. c. Drive-through windows shall be accessed at the building facade facing the rear property line away from the pedestrian street/right-of-way. d. On-street parking is provided when feasible to reduce the area of parking lots. P. Use of alternate plan, material or methods. 1. Alternate design plans, building materials or construction techniques may be used when unreasonable or impractical situations would result from the application of architectural design standards. Such situations may result from unique site conditions, innovative design applications and/or unified development design. The application for alternate design shall include which specific standards cannot be met and how the alternative methods will achieve the intent of the standards. The performance building design alternatives shall be evaluated by the Board of Commissioners to determine if the alternate design meets the intent and purpose of this chapter. 2. This determination shall take into account the land use of adjacent property, the orientation of the building to public streets, the building typology, the intended use of the structure, attention to architectural detail, scale and mass. Q. Building Articulation. Front and street-facing side façades greater than thirty (30) feet in length, measured horizontally, shall: 1. Incorporate wall plane projections or recesses having a depth of at least three (3) percent of the length of the façade and extending at least twenty (20) percent of the length of the façade. 2. Have a change in at least three of the following elements every thirty (30) feet along all walls facing a public street or internal street: color change; texture change; material change; or architectural feature, such as an offset, projection, columns, canopies, arcades, or reveal with at least twelve (12) inches in depth. 4.09.4 SINGLE-FAMILY, DUPLEX & MANUFACTURED HOME DESIGN STANDARDS The following voluntary building design standards may be applied to single family dwellings (attached & detached) and duplexes structures upon consent by the owner at the time of zoning, subdivision, or site plan approval. A. Exterior materials. Exterior materials shall be durable and residential in character. Exterior wall materials shall be wood, brick, stone, stucco, vinyl or similar materials. Facade colors should be of low reflectance earth tone, muted, subtle or neutral colors, also for repainting of an existing building. The use of high-intensity, metallic, fluorescent or neon colors shall be prohibited. Town of Lillington, NC Unified Development Ordinance IV-50 B. Manufactured home requirements. All manufactured homes shall meet the following requirements. 1. The home has a length not exceeding four times its width. 2. The pitch of the home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction. 3. The exterior siding consists of wood, hardboard or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction. 4. Facade colors should be of low reflectance earth tone, muted, subtle or neutral colors, also for repainting of an existing building. The use of high- intensity, metallic, fluorescent or neon colors shall be prohibited. 5. A continuous, permanent masonry foundation, un-pierced except for required ventilation and access, is installed under the home. 6. Every manufactured home shall be tied down to ground anchors. Ground anchors and tie downs shall be installed in accordance with the North Carolina Regulations for Manufactured Homes. 7. Each manufactured home stand and space shall be graded to provide adequate storm drainage away from the manufactured home and such that there will exist no more than three feet difference between the chassis of the manufactured home and the finished grade of the stand along the entire perimeter of the manufactured home proper. 4.09.05 MULTI-FAMILY DEVELOPMENT STANDARDS A. Applicability This section applies to all multi-family developments. These requirements are intended to establish design standards that will create quality design and ensure the compatibility with surrounding neighborhoods and land uses. The desired characteristics of multi-family developments are to: • Encourage developments that residents can take pride in and have a sense of ownership; • Provide special attention to structural placement, building orientation and landscaping along streets and parking areas; • Ensure that common open spaces are provided in locations convenient for residents; • Ensure that developments are designed with proper setbacks, landscaping and massing to address privacy and compatibility with adjacent single- family residential development or land. B. Building Placement and Orientation Town of Lillington, NC Unified Development Ordinance IV-51 1.Buildings shall be set back a minimum of thirty (30) feet from major and arterial streets or thoroughfares. 2.The minimum spacing between the sides of buildings shall be twenty (20) feet. 3.Where practical, buildings should be located to face each other across public streets, private drives or common open space areas and amenities. 4.All buildings shall be located a minimum of fifty (50) feet from properties zoned RR, RS-20, R-15 or RS-10. C.General Building Design 1.Building Elevations: a.Facades shall have usable porches, balconies, stoops, windows and/or other architectural details to form a predominate theme of the building design. A minimum of 60 percent of front elevations, and a minimum of 30 percent of side and rear building elevations shall be required to meet this standard. The image depicts street oriented facades with balconies and/or other architectural detailing. 2.Building Materials: a.At a minimum, two different primary building materials shall be used on each building elevation (e.g., stone, wood, masonry, or metal). Vinyl may be uses for accent purpose only. b.Colors should be of low reflectance earth tone, muted, subtle, or neutral colors. A minimum of two colors per elevation plus a trim and roof color shall be utilized. c.Color accents shall vary throughout the development. 3. Roofing: a.Roofs shall be standing seam metal, slate, asphalt shingles or synthetic materials similar and/or superior in appearance and durability. b.All multi-family buildings shall have sloped roofs. When pitched roofs are used, they shall be symmetrical gables or hips with a pitch between 6:12 and 12:12. 4. Entrances: Town of Lillington, NC Unified Development Ordinance IV-52 a.Each building shall provide clearly defined site and building entries that are in scale with the proposed project and relate directly to the street frontage. b.Entries to units should be clearly identified, protected from weather by porches or roofed overhangs (as illustrated in the photo to the left) and provided with lighting for nighttime safety and security. c.The use of distinctive architectural elements and materials to denote prominent entrances is required. d.All buildings shall face the public street, private drive or common area (e.g., courtyard, plaza, or green) and have a pedestrian pathway connecting the principal entry to these areas. 5.Utilities and Equipment: a.All building attached mechanical equipment and other utility equipment (e.g., heating, cooling, antennas, satellite dishes, air conditioners or similar mechanical devices) shall be screened from view of public streets, private drives, parking lots, and adjacent residential property. b.Equipment screening shall be integrated into the building and roof design with the use of compatible materials, colors, and forms. 6.Refuse Receptacles: a.All refuse containers shall be placed within screened storage areas or enclosures per this ordinance. b.Refuse containers should be conveniently located throughout the project, yet sufficiently buffered from project entries, main building entries and main pedestrian paths. c.Enclosures should be located to provide easy accessibility for users, adequate room for servicing by refuse trucks and should not hinder visibility for vehicle circulation. d.Enclosure materials and colors should be consistent with, and complimentary to, building materials and finishes. e.Landscaping should be provided on all non-accessible sides of trash enclosures. 7. Garages: a.Garages serving multi-family buildings shall be located to the side or rear of such buildings. b.The exterior materials, design features, and roof form of garages shall be compatible with the building it serves. D.Open Space & Amenities Town of Lillington, NC Unified Development Ordinance IV-53 Multi-family developments shall be constructed with common open space areas and amenities for the use and enjoyment of future residents. Minimum open space provisions and required project amenities are listed below. 1. All buildings, roofed areas, and parking areas, including drives, shall not cover more than eighty-five (85) percent of the site. A minimum of fifteen (15) percent of the gross area shall be designated as common open space comprised of five (5) percent usable open space and ten (10) percent of natural open space per Section 4.07 – Open Space Standards. 2. Usable open space shall be incorporated into the development as a primary design feature and not just remnant pieces of land used as open space. 3. Usable open space should be centrally located, easily accessible and positioned within the viewshed of the nearest units such that the residents can watch over the area (see example photo below): 4. Common facilities such as laundries, mailboxes, and management office should be centrally and conveniently located for accessibility and proximity to the majority of the residents. 5. Open space areas should be consolidated in one location to allow for high usability and sustainability. E. Traffic Control, Circulation & Parking Multi-family developments with internal streets and driveways should be designed to be easy to navigate through in a logical, common sense manner so that a resident or visitor can easily enter the site, park their car, and find a particular unit. 1. Multi-family projects shall be designed with an internal pedestrian system providing access to individual units, common areas and amenities, parking areas and off-site connectors as appropriate. Town of Lillington, NC Unified Development Ordinance IV-54 2. Stamped and/or colored concrete or other decorative accent shall be used as an accent along project entryways, pedestrian crosswalks, pedestrian walkways and common open areas. 3. Areas between dwelling units and parking areas on-site shall be improved with landscaping to achieve a minimum 3 foot wide evergreen screen. 4. No off-street surface parking lot associated with a multi-family development shall be located between the building and the street(s) fronting the development. 5. Off-street surface parking located beside a building shall not occupy more than 25 percent of the parcel's right-of-way frontage. Associated driveway areas shall be included as part of such off-street surface parking. 6. Parking spaces shall have a minimum separation of 5 feet from all sidewalks and pedestrian paths. 7. Traffic calming elements such as enhanced paving and bulb-outs at intersections should be provided. Other traffic calming measures such as roundabouts, raised pedestrian crossings, etc. should be used where practical. Town of Lillington, NC Unified Development Ordinance IV-55 8. The maximum block length in all multi-family developments shall be 400 feet. Blocks shall be separated by streets, drives or improved pedestrian paths as illustrated below: F. Landscaping Landscaping shall be designed as an integral part of the overall multi-family development with the purpose of enhancing building design, public views and spaces, and providing buffers, transitions and screening. Landscaping may also serve to filter and infiltrate storm water runoff to reduce adverse environmental effects of runoff. 1. A 30’ Type A Buffer shall be required along arterial and major streets and thoroughfares. 2. Street trees shall be planted along all streets, driveways and parking areas in a single row at a maximum spacing of 40 feet. Town of Lillington, NC Unified Development Ordinance IV-56 3. Elevations shall have landscaping adjacent to their foundation. Landscaping shall be utilized to frame, soften, and embellish the units, to buffer the units from noise or undesirable views, to break up large expanses of parking and to ensure compatibility to provide visual screening (see photo below): 4. Parking Lot Landscaping: a. Landscape islands within parking lots and along private drives shall be located to define, direct and slow vehicular movement. b. Landscape islands shall have a minimum width of 8 feet. c. Landscape islands shall be provided for every 10 parking spaces. d. Perimeter landscape areas shall be a minimum of 8 feet in width adjacent to all parking spaces and public streets or private drives. e. Large maturing canopy trees shall be planted not more than 40 feet on center. f. A continuous row or staggered row of evergreen shrubs, with a minimum expected height at maturity of 3 feet, shall be installed at not more than 6 feet on center. If used in addition to a wall or fence, the evergreen shrubs shall be planted on the exterior side of such features. G. Lighting All exterior building attached lighting shall be located to a pedestrian scale and be designed so that light is not directed off the site and the light source is shielded downward from direct off site viewing. 1. Exterior lighting shall be pedestrian scaled with a maximum height of 18 feet. 2. Lighting fixtures shall LED be “lamp post” style. 3. All exterior building lighting shall be architecturally integrated with the building style, materials, and colors. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com TOWN OF LILLINGTON ORDINANCE FY2025-07 AN ORDINANCE TO AMEND THE LILLINGTON UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of the Town of Lillington may enact ordinances to protect the health, safety, and welfare of its citizens under the North Carolina General Statutes §160A-174; and BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that Lillington Unified Development Ordinance is amended as follows: DESIGN STANDARDS SECTION 4.01 GENERALLY The standards in this Article are intended to be minimum standards for development. Higher standards or relief from standards may be established through the procedures in Article 3 – Use Standards and Article 7 – Administration & Development Processes. SECTION 4.02 BASIC DEVELOPMENT STANDARDS 4.02.1 HEIGHT A. Other than the provisions listed in this Section, buildings and structures shall not exceed the maximum heights established in Article 2 – Zoning District Provisions of this ordinance. B. The height of a building is the vertical distance measured from the mean elevation of finished grade at the front of the building to the highest point of the building. C. A story includes any floor above the mean elevation of finished grade at the front of the building. Where floor levels are staggered, the number of stories is the number of floors counting vertically from the point of the mean elevation of finished grade at the building front. D. Roofs with slopes greater than seventy-five (75) percent are regarded as walls. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com E. Chimneys, church spires, water tanks, elevator shafts, scenery lofts and similar structural appendages not intended as places of occupancy are exempt from the height limitation set forth in this Section, provided that not more than one-third (1/3) of the roof area is covered by such structures. F. Heating and air conditioning equipment, solar collectors and similar equipment, fixtures and devices are exempt from the height limitation set forth in this Section, provided that they are set back from the edge of the roof a minimum distance of one (1) foot for every foot the feature extends above the roof surface. Screen or parapet walls shall be constructed to the height of any fixture taller than three (3) feet in height that would be visible from a street or residential property abutting the property. G. The height requirements for wireless telecommunications towers & facilities are provided in Article 2 – Zoning District Provisions & Article 3 – Use Standards of this ordinance. H. Light standard heights shall not exceed the limits established in Section 4.06 of this ordinance. I. Flagpoles and similar devices shall be limited to thirty-five (35) feet in height. 4.02.2 SETBACKS A. Setbacks Required. No portion of any building, excluding eaves, decks, patios, steps and uncovered porches may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in Article 2 – Zoning District Provisions of this ordinance. All setbacks are expressed in feet and are minimum setbacks unless otherwise noted. Additional setbacks may be required to meet parking, landscaping, buffers or other standards specified in this Article, the specific use standards of Article 3 – Use Standards of this UDO. B. Allowed Setback Encroachments. A step, stoop, open porch, awnings or other appurtenances may extend up to five (5) feet into the front setback, provided such features do not impede pedestrian circulation or extend more than twenty-five (25) percent into the minimum setback. C. Setback Measurement 1. Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). 2. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured at a right angle to such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street centerline. D. All setbacks are subject to compliance with adopted applicable fire code provisions. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4.02.3 RELATIONSHIP OF BUILDING TO LOT In no case shall there be more than one principal building and its customary accessory buildings on a lot except in the case of a designed complex of professional, residential or commercial buildings in an appropriate zoning district. 4.02.4 STREET ACCESS No building shall be erected on a lot which does not abut a street or have access to a street, provided that in a planned development, a building may be erected adjoining a parking area or dedicated open space which has access to a street used in common with other lots. 4.02.5 INFILL LOT STANDARDS The minimum front or street yard required may be reduced for any lot where the average established front yard on developed lots located within 300 feet on each side of such lot, and fronting on the same street as such lot, is less than the minimum required yard. In such cases, the minimum front or street yard may be less than that required but not less than the average of the existing front yards on the developed lots within 300 feet of each side. In addition, for new lots created from existing larger lots, the lot width at the frontage line and the side yard setbacks shall be consistent with the immediately adjacent neighboring parcels on the same side of the street. 4.02.6 IRREGULAR LOT SETBACKS The location of required front, side and rear yards (or setbacks) on irregularly shaped lots shall be determined by the Administrator. The determination will be based on the intent and purpose of this ordinance to achieve an appropriate spacing and location of buildings and buildings on individual lots. Where questions arise as to appropriateness, the subdivider may be requested to provide additional design information. SECTION 4.03 ACCESSORY USES AND STRUCTURES The purpose of this section is to establish standards for accessory uses and structures. Except as provided elsewhere in this ordinance, it shall be unlawful for any person to erect, construct, enlarge, move or replace any accessory use or structure without first obtaining a certificate of zoning permit from the Administrator. A. GENERAL 1. Accessory uses and structures may only be used for purposes permitted in the district in which they are located. 2. Not for Dwelling Purposes: Accessory structures shall not be used for dwelling purposes except as an approved Accessory Dwelling in accordance with this ordinance. 3. Building Permits May Be Required: Depending on the size of the structure and the incorporation of various improvements (e.g., electrical, plumbing) a building permit may also be required. 4. See Article 3, Section 3.03.5 for Accessory Dwelling Standards. B. LOCATION, SETBACKS AND HEIGHT 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Standards Single-family/Two- family lots – less than 1.5 acres in size Single-family/Two- family lots – 1.5 acres or larger in size Lots over 5 acres in size All other uses Permitted location Side/rear only Permitted in all yards – may not be closer than 30’ of r/w Permitted in all yards – may not be closer than 30’ of r/w Side/rear yard only Side/Rear Yard Setback See district setbacks in Article 2 – Zoning District Provisions. Height See district height provisions in Article 2 – Zoning District Provisions. C. MAXIMUM NUMBER AND AREA Standards Single-family/Two- family lots – less than 1.5 acres in size Single-family/Two- family lots – 1.5 to 5 acres in size Lots over 5 acres in size All other uses Maximum Accessory Structures Permitted 2 2 No max. No max. Maximum Area (Accessory Dwelling Unit Area is Exempt) 600 sf per structure 1,000 sqft aggregate 1,500 sqft per structure or 1,500 sqft aggregate No max. No max. SECTION 4.04 FENCES & WALLS All fences and walls shall comply with the requirements of this Section unless specifically approved as part of a Conditional Zoning, Special Use Permit, Site Specific Development Plan, or Variance. A. Except as otherwise provided in this Section, fences that are no taller than six (6) feet may be built along interior side and rear property lines. B. Exterior side yard fences that are no taller than six (6) feet shall be at least two feet from the right-of-way and no closer than two (2) feet from the inside edge of the sidewalk. C. Fences in front yards are discouraged, but must be: 1. Located least two (2) feet from the right-of-way and no closer than two (2) feet from the inside edge of the sidewalk; 2. Less than sixty (60) percent opaque; 3. Be designed as picket or wrought-iron style fences (chain link and chicken wire are prohibited); and 4. Not exceed four (4) feet in height, except that wrought iron and split rail style fences may be up to five (5) feet tall. D. No fence shall obstruct any traffic safety visibility zone. E. Barbed wire, razor wire or other fence materials designed to cut or puncture are prohibited in all districts, except in the LI, HI and FRO districts. F. Deer fences may be erected around gardens provided that the fences are located at least ten (10) feet from the nearest property line. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Section 4.04.1 RETAINING WALLS In the event that any development activity necessitates the use of retaining walls, the following shall apply: A. Walls higher than (4) feet shall be designed, inspected, and certified by a licensed Professional Engineer in accordance with N.C. General Statute 89C and be required to obtain a building permit in accordance with the Town of Lillington Unified Development Ordinance and North Carolina Building Code. B. Safety rails or fencing may also be required dependent upon the administrators review. All applications of fencing must be designed in a manner that does not conflict with the manufactures recommended specifications. Retaining walls with a vertical drop of (1) foot or more located adjacent to residential or commercial property, parks, parking lots, trails and sidewalks shall provide safety railing per standard details. C. Private retaining walls, including supports, foundations, reinforcement, and any other wall appurtenances are not allowed within public right-of-way or easements. D. A plan showing all lines, grades, and depths of the proposed wall must be submitted and approved prior to construction. E. All walls that are submitted for approval must be accompanied by a materials list showing minimum design specifications from the manufacturer for all components. In no case shall the proposed retaining wall be approved or accepted by the Town of Lillington if its design conflicts with the minimum design specifications as outlined by the manufacturer. F. Retaining structures shall not exceed six (6) feet in height and shall not exceed two (2), six (6) feet tall tiered sections. There will be a minimum separation of 3’ between the proposed tiered section(s). G. In no case shall a retaining wall be constructed in a manner in which the construction activities negatively impact an adjoining property. All grading and support structures associated with the retaining structure shall not encroach into any required buffer or protected area (such as, but not limited to, critical root zones of trees on adjoining properties), and shall be contained entirely on site. H. A setback will be generated dependent on the proposed wall height during plan review. The minimum setback is established at (5’). The ratio for determining setbacks for walls greater in height than (5’) will be 1:1, for example; a (12’) wall system will require a (12’) setback. The setback will be measured from the adjoining property line to the limit of disturbance (the cut) as called out in the supplied site plan. This setback will be established as both an easement for a planting strip & maintenance. I. Retaining walls shall be designed in a way where the finished elevation, or top of wall, matches the existing elevation of the adjacent property for the full length of the wall system. J. All retaining walls that exceed (4’) in height are required to provide a planting strip comprised of low growing vegetation i.e., shrubs for the purpose of stabilization & buffered separation. The minimum planting requirement is established at 24 shrubs per 100’ of planting strip. See Appendix A for a list of approved species for planting. For retaining walls that require screening with plantings, no plantings shall be located so that they will encroach into any public property or right-of-way when the plant reaches maturity. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com SECTION 4.05 PARKING, DRIVEWAYS AND LOADING 4.05.1 PURPOSE AND INTENT This Section establishes the minimum requirements for the number of spaces and the design of parking areas in the Town of Lillington. This Section provides administrative flexibility for the Administrator to adjust the number of required spaces and the design of spaces to provide for adequate parking, accommodate unique site conditions and capitalize on the benefits of parking opportunities on- street or in shared parking areas. 4.05.2 APPLICABILITY The requirements of this Section shall be applicable to all new development and change of use that create the need for parking or increase existing parking demands. 4.05.3 PARKING SPACE REQUIREMENTS Permanent off-street parking (including on-street parking in accordance with the requirements below) is required subject to the table below. If required, parking shall be provided at the time of erection, alteration, enlargement, establishment or change of use of any building or open use of land which require additional off- street parking. LAND USE TYPE MINIMUM REQUIRED AUTO SPACES MINIMUM REQUIRED BICYCLE PARKING SPACES RESIDENTIAL: Dwelling – Single Family Detached & Two Family (Duplex) 2 per unit 1 per 50 lots Dwelling – Single-Family Attached (Townhome) 2 per unit plus 0.25 per unit for guest parking 1 per 50 lots Dwelling – Multifamily 2 per unit 1 per 50 auto spaces Dwelling – Accessory 1 per unit N/A Live-Work Units 1 per 700 sf N/A Residential Care Facilities 1 per 2 resident rooms 1 per 40 auto spaces All other residential uses No requirement No requirement LODGING AND ACCOMMODATIONS: All uses 1 per room 1 per 50 auto spaces OFFICE AND SERVICES: Medical Clinic 1 per examination room 1 per 50 auto spaces All other Office & Service Uses 1 per 700 sf 1 per 50 auto spaces COMMERCIAL AND ENTERTAINMENT: Restaurant 1 per 400 sf 1 per 50 auto spaces Indoor Amusement No requirement 1 per 50 auto spaces Outdoor Amusement No requirement 1 per 50 auto spaces Theater (Indoor or Outdoor) 1 per 8 seats 1 per 50 auto spaces All other Commercial and Entertainment Uses 1 per 500 sf 1 per 50 auto spaces MANUFACTURING, INDUSTRIAL AND WHOLESALE TRADE: Storage/Warehouse Uses: 1 – 50,000 SF 1 per 1,500 sf No requirement 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Over 50,000 SF 1 per 2,000 sf No requirement Other Industrial/Manufacturing Uses: 1 – 3,000 SF 1 per 250 sf No requirement 3,001 – 5,000 SF 1 per 500 sf No requirement 5,001 – 10,000 SF 1 per 750 sf No requirement 10,001 – 50,000 SF 1 per 1,250 sf No requirement Over 50,000 SF 1 per 2,000 sf No requirement EDUCATION & INSTITUTIONS: Child/Adult Day Care Centers (more than 8 persons) 1 space per classroom 1 per 50 auto spaces Religious Institutions 1 per 8 seats in main assembly hall 1 per 50 auto spaces Schools (elementary & secondary) 1 per 8 seats in main assembly hall or gymnasium 2 per 50 auto spaces Studio 1 per 400 sf 1 per 20 auto spaces All other Education and Institution uses No requirement 1 per 50 auto spaces AGRICULTURAL AND FORESTRY: All uses No requirements No requirements COMMUNICATIONS, TRANSPORTATION AND INFRASTRUCTURE: All uses No requirement No requirements 4.05.4 EXEMPTIONS AND ADJUSTMENTS A. Exemptions. Uses in the CB District are exempt from the minimum parking requirements of this Section. B. Tree Preservation. The minimum number of parking spaces required may be adjusted by the Administrator when it has been determined that the reductions are necessary to preserve a healthy tree or trees (with a 12 inch or greater diameter at breast height) from being damaged or removed, and where the site plan provides for the retention of said tree or trees. 4.05.5 SATELLITE PARKING A. If the off-street parking spaces required by this section cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 600 feet. Such measurement shall be taken from the edge of the parking area on the lot to the entryway of the remote parking area. B. Shared Satellite Parking: Upon approval by the Administrator, satellite parking facilities may be shared by 2 or more uses which do not share normal operating hours. C. Parking for Permitted Uses Only: If satellite parking is utilized to fulfill parking requirements, the owner or authorized agent for the land upon which such remote parking is located shall restrict the use of such parking area for parking only in connection with the use(s) or structure(s) for which such remote parking is provided. Such restriction shall be recorded as an easement at the time of final plat approval. If no final plat is required as part of the development approval, a shared parking agreement between uses can be submitted to the Administrator in lieu of recording a such easements on a final plat.. Remote 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com parking for a particular use shall not be established in any district that does not allow that use. 4.05.6 VEHICLE DESIGN STANDARDS A. Parking Area General Design Standards 1. Parking areas shall be maintained to provide for vehicle access and shall be kept free of litter, debris, outdoor display and sales and material storage, including portable containers. 2. Parking for service vehicles shall be designated, located and screened to minimize the view from adjacent properties and rights-of-way, generally at the rear of buildings. 3. Parking areas shall be located and designed to avoid undue interference with the use of public rights-of-way, driveways or pedestrian ways. Parking stalls shall not be located in areas that would require backing into access driveways or streets except where allowed for residences. 4. Parking design and location shall be in accordance with the Lillington Specifications Manual and at minimum shall the following minimum dimensions: Parking Angle (Degrees) Parking Space Width (feet) Parking Space Depth (feet) Min. Aisle Width (feet) 0o 9’ 20’ 12’ 30o 9’ 18’ 11’ 45o 9’ 20’ 13’ 60o 9’ 21’ 18’ 90o 9’ 18’ 24’ 5. Parking stalls shall be located a minimum of 10 feet from public rights-of- way and buildings to allow sufficient separation for sidewalks, landscaping and other site features except along the backs of buildings in areas designed for loading and unloading. 6. Parking shall not be located in landscaped, open space or tree save areas. 7. Vehicle storage or display areas shall be identified on a site plan distinct from customer and employee parking areas and shall comply with parking access, location and design requirements, except that striping of the display or storage area shall not be required. Vehicle storage or display areas shall not be located in a manner that interferes with vehicle or pedestrian access aisles or driveways. 8. Tractor trailers, cargo trucks, busses and other large commercial vehicles or heavy equipment parking and storage shall comply with parking access, location and design requirements except for stall size and aisle size which shall be as appropriate for the vehicles to be stored and shall be designated on a site plan. A. Stacking Spaces 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 1. Uses with drive-through facilities and other auto-oriented uses where vehicles queue up to access a service shall provide adequate stacking spaces on-site for the uses or buildings in accordance with this section. Such uses include but are not limited to: restaurants with drive-through, convenience store with fuel sales, and other uses with service bays or drive- throughs. 2. Required stacking spaces are subject to the following design and layout standards: a. Stacking spaces shall be a minimum of nine feet wide and 16 feet long. b. Stacking spaces shall not impede vehicular traffic movements or movements into or out of parking spaces, whether on-site or off-site. c. Stacking spaces shall not impede onsite or offsite bicycle or pedestrian traffic movements, whether on-site or off-site. d. Stacking spaces shall be clearly delineated through such means as striping, landscaping, pavement design, or curbing. B. Surfacing Off-street parking areas shall be properly graded, marked and located on improved lots or within parking structures. The material for surface parking spaces and corresponding access drives required by this section, except for single-family detached and duplex residences, shall consist of suitable material as set forth below. 1. Suitable Materials: Suitable paving materials for required parking areas include, but are not limited to, asphalt, porous asphalt, porous paving blocks, and concrete. Compacted stone (road bond) and gravel may be permitted by the Administrator as paving materials in the rear setback area for loading and service areas in areas zoned LI or HI (Industrial Districts). 2. Accessible Spaces: All accessible spaces and corresponding access paths shall consist of concrete or asphalt. 3. Pervious Surfaces: Porous paving blocks and pervious paving materials are permitted and encouraged as material for parking lots. The use of reinforced grass as a parking lot surface is permitted for satellite parking areas. 4. Parking Space Marking: The individual parking spaces in a lot shall be delineated in all parking lots except those utilizing road bond, gravel, grass or other vegetative surfacing. C. Connectivity 1. Adjoining parking lots serving (or potentially serving) non-residential or multifamily uses shall be interconnected as follows: a. The parking lot under development has a minimum of 24 parking spaces or equivalent parking area. b. At least 1 connection is provided at all lot lines that are coincident for at least 60 feet with another lot zoned for non-residential use. c. The connection is at least 20 feet wide. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com d. If applicable, the connection aligns with a connection that has been previously constructed on an adjacent property. e. The connection has a slope of no greater than 15 percent. f. The connection is not placed where a building on an adjacent property is within 50 feet of the lot line which would hamper traffic movements within the parking lot. g. The connection is placed in an area which will not require the removal of significant natural features such as wetlands or trees with a caliper of 6 inches or more. h. In the event these conditions cannot be met without undue hardship, or if such connections would create undesirable traffic flow, the Administrator may waive the connection requirement. i. Where a parking lot connection is required an easement for ingress and egress to adjacent lots shall be recorded by the property owner with the Harnett County Register of Deeds in the form of an easement plat. D. Off-street Loading Requirements 1. Off-street loading spaces shall be required for industrial, major institutional, and business uses that can be expected to regularly receive or deliver goods, pursuant to the following schedule (areas within the Downtown Overlay District – Central Business/Main Street Area are exempt from this requirement): Building Square Footage Required Number of Spaces Under 20,000 0 20,001 – 40,000 1 40,001 – 100,000 2 Over 100,000 3 2. Required loading spaces shall have the following minimum dimensions: 12- foot minimum width, 25-foot minimum length, and 14-foot minimum vertical clearance. 3. Locations: a. Required off-street loading spaces shall not be located within a building, but shall be on the site of the use served or on an adjoining site. b. Required off-street loading spaces shall be located to the sides and/or rear of the lot to maximize the street exposure of the primary structure. c. A loading area shall not be located in a required setback. In addition, street-side loading docks shall be set back at least 70 feet from the street property line or 110 feet from the street center line, whichever is greater. d. No loading bay may intrude into any portion of a required parking aisle or access dimension. e. Loading areas visible from a street shall be screened on three sides by a solid, decorative fence, wall, or hedge at least six feet in height. 4. Access: a. A required loading stall shall be accessible without parking a truck across a street property line unless the Administrator determines that 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com provision of turnaround space is infeasible and approves alternate access. b. An occupied loading space shall not prevent access to a required off- street parking space. F. Parking Alternatives The Administrator is authorized to approve an alternative parking plan for Agricultural Uses, Industrial Uses and Recreational Facilities that proposes alternatives to the standards in this section. G. Driveways 1. No portion of any residential or mixed-use driveway intersection with a Town public street shall be closer than twenty (20) feet to the corner of any intersection, measured along the right-of-way line. In commercial and industrial zones, this distance shall be thirty (30) feet. The width of any driveway intersection with the public street shall not exceed thirty (30) feet at its intersection with curb and street line. Driveway connections to NCDOT controlled streets must be requested from and approved by DOT. Driveways that have double lane ingress and egress (4-lanes) shall be a minimum 60 feet width at intersection with curb and street line. 2. All driveways shall be paved with either asphalt or concrete, or with alternative paving material (e.g., concrete pavers, brick, “turfstone” or similar material) determined to exhibit equivalent wear resistance and load bearing characteristics as asphalt or concrete. 3. No driveway shall conflict with any town facility such as traffic signal standards, catch basins, fire hydrants, crosswalks, loading zones, bus stops, utility poles, fire-alarm supports, meter boxes, and sewer clean-outs or other necessary structures, except with the express approval of the Administrator. Any adjustments to town facilities to avoid such conflicts shall be at the expense of the driveway applicant. 4. Location of Driveway Access Points a. Two driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds fifty (50) feet. b. Three driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds one hundred fifty (150) feet c. Four or more driveways entering the same street from a single lot shall be prohibited. d. In no case may the total width of all driveways exceed fifty (50) percent of the total property frontage. e. No driveway (nearest edge) shall be located within five (5) feet of a side lot property line except in the case of a shared driveway (single curb/access point) utilized by two or more lots. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com f. No driveway (nearest edge) shall be located within twenty-five (25) feet of an intersection on a secondary road and forty (40) feet on a primary road except in the case where no other lot access to a public street or Town-approved private road is available. SECTION 4.06 SIGNS 4.06.1 PURPOSE AND INTENT The sign regulations of this Article are adopted under the zoning authority of the Town in furtherance of the general purposes set forth in the Unified Development Ordinance. The purpose of this Article is as follows: • To encourage the effective use of signs as a means of communications in the Town and its extraterritorial jurisdiction; • To maintain and enhance the aesthetic environment and the Town’s ability to attract sources of economic development and growth; • To improve pedestrian and traffic safety; • To minimize the possible adverse effect of signs on nearby public and private property; and • To enable the fair and consistent enforcement of these sign regulations. 4.06.2 APPLICABILITY All signs within the Town’s jurisdiction shall be covered by these regulations and be erected, constructed or maintained in accordance with the provisions of this section. 4.06.3 PERMITS REQUIRED A. Except as provided otherwise in this Section, it shall be unlawful for any person to erect, construct, enlarge, move or replace any sign without first obtaining a permit, in accordance with this ordinance, from the Administrator to ensure compliance with the provisions of this ordinance. B. Additional permits may be necessary pursuant to the regulations in the State Building Code or other sections of this ordinance. 4.06.4 ALTERATION OF SIGN FACE Cleaning, electrical repair, resurfacing and other maintenance of a sign shall not require a permit. The changing of tenant name panels on multiple-tenant development signage and the change of copy on other signs specifically designed for changeable copy shall not require a permit. 4.06.5 COMPUTATION OF SIGN AREA A. The area of a sign face shall be deemed to be the entire area within the smallest polygon that will encompass the extreme limits of the writing, representation, emblem or other display on the sign that can be reasonably calculated. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com B. The area shall also include any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. C. Frames or structural members not bearing informational or representational matter shall not be included in computation of the area of a sign face. Computations of sign area shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle greater than 60 degrees, the surface of both sides shall be included in the computation of area. 4.06.6 COMPUTATION OF HEIGHT A. Attached signs. The sign height for attached signs shall be computed as the distance from the finished grade at the base of the building to which the sign is attached to the top of the highest component of the sign. B. Ground (freestanding) signs. As illustrated below, the sign height for ground signs shall be computed as the lesser of: 1. The distance from the base of the sign at the finished grade to the top of the highest component of the sign; or 2. The distance from the nearest adjacent street grade to which the sign is oriented, and on which the lot has frontage, to the top of the highest component of the sign. 4.06.7 LOCATION AND ENCROACHMENT A. Permitted signs shall be located outside of the street right-of-way, behind sidewalk areas and outside of required site triangles. B. All attached signs shall be mounted and attached to buildings in a secure manner, shall not include wire or turnbuckle guy and shall be maintained in good repair for safety and appearance. C. No non-governmental sign shall be attached to or painted on power poles, light poles, telephone poles, traffic signs or other objects not intended to support a sign. 4.06.8 MATERIALS AND STRUCTURAL REQUIREMENTS A. All attached signs and sign support frames shall be mounted and attached to building or ground in a secure manner, shall not include wire or turnbuckle guy and shall be maintained in good repair for safety and appearance. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com B. All permanently installed signs shall be able to resist normal loads from positive and negative wind pressure, snow and other conditions as required by the current edition of the North Carolina version of the International Building Code. C. The Administrator reserves the right to require sign load calculations and attachment design from a state licensed structural engineer, and to require same engineer to certify the sign installation in writing. 4.06.9 NONCONFORMING SIGNS See Section 8.07. 4.06.10 SIGNAGE TYPES Signage types illustrated below are approved for usage in the Town: Wall Signs Awning/Canopy/Window/Door Signs Projecting/Suspended Signs Monument Signs 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Column Signs 4.06.11 ATTACHED SIGNAGE STANDARDS Sign Type Zoning District Square Footage Height Total Number Wall Signs CB, GB, NB, NMX, O/S, LI, HI 10% of the gross square footage on any one side of the building. No sign shall extend above the roofline. 4 signs per building wall. Awning / Canopy / Window / Door Signs CB, GB, NB, NMX 25% of the gross glass area on any one side of the building (windows/doors), 50% of area for awnings/canopies) No sign shall extend above the roofline. N/A Projecting / Suspended Signs CB, GB, NB, NMX 6 square feet Shall be at least 7 feet from the ground measured from the bottom of the sign One per tenant Notes: Wall signs shall have a max. protrusion of 12 inches, may only be placed on walls facing a public right-of-way. No illumination for awning/canopy/window/door signs or projecting/suspended signs is permitted. 4.06.12 RESIDENTIAL GROUND SIGNAGE STANDARDS Zoning District Square Footage Height Total Number RR, RS-20, RS-15, RS-10, RMF, RMX 20 square feet 6 feet 1 per entrance Notes: 1) Signs are permitted on decorative or retaining walls at entrances to residential developments without limitations to the size of the wall. 2) 5- foot minimum setback from all property lines is required for all ground signs. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4.06.13 NONRESIDENTIAL GROUND SIGNAGE STANDARDS Zoning District *Square Footage *Height Sign Base Total Number of Signs CB 20 square feet 6 feet Monument 1 sign per site O/S 20 square feet 6 feet Monument 1 sign per site NB 20 square feet 12 feet Monument or column 1 sign per street frontage GB, LI, HI 40 square feet 12 feet Monument or column 1 sign per street frontage Notes: 1) Column signs may be single or double mounted and must have a diameter greater than 24 inches. 2) Monument signs must have a base that is at least 75% of the width of the total sign. 3) Monument signs must have a base material of brick, stone or like imitation material. 4) 5-foot min. setback from all property lines is require for all ground signs. *Square footage & height may exceed minimum square footage and height if located in the Highway Overlay District. See Section 4.05.15 for ground sign standards located within the Highway Overlay District. 4.06.14 PERMITTED SIGNAGE ILLUMINATION BY DISTRICT Zoning District External Illumination Internal Illumination RR, RS-15, RS-10, RS-20, RMX, RMF Permitted Not Permitted. O/S, NMX, CB, NC, GB, LI, HI Permitted Permitted Notes: 1) Prohibited lighting: no flashing or intermittent illumination shall be permitted on any adverting sign or structure. 2) Shielding required: any indirect lighting or spot lighting shall require complete shielding of all light sources so as to illuminate only the face of the sign and prevent off-site glare. 3) White light only is permitted. 4) See Section 4.05.15 for illumination standards located within the Highway Overlay District. 4.06.15 STANDARDS FOR SIGNAGE IN THE HIGHWAY OVERLAY DISTRICT A. Signs located within the Highway Overlay District shall meet the following criteria: Development Type Maximum Sign Area Maximum Height • Single-family residential developments • Multi-family developments • All other developments with less than 200 feet of road frontage 40 sq ft 12 feet • All developments with 200 feet or more of road frontage 72 sq ft 20 feet B. The following regulations shall be met in addition to the guidelines in the chart above: 1. All ground signs shall be placed immediately adjacent to the right-of-way boundary, as long as they do not encroach on sight lines. 2. All monument signs shall be double-sided and internally lit. 3. All ground signs shall be free-standing monuments style. 4.06.16. OTHER SIGNAGE REQUIRING PERMITS A. Construction project signs: 1. Permitted districts: all districts. 2. Surface area: 32 square feet maximum. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 3. Time limit: these signs are intended to be temporary and must be removed after completion of construction. B. Sales office signs: 1. Permitted districts: all Residential Districts, only on model home lots used as sales offices for single-family residential subdivisions. 2. Surface area: 32 square feet maximum. 3. Time limit: these signs are intended to be temporary and must be removed after 50% of the lots in the current phase of the development are sold. C. Electronic message boards: 1. Permitted districts: RMX, NMX. O/S, NB, GB, LI & HI. 2. Surface area: electronic message boards may be incorporated into a permitted wall or ground sign only, and shall not comprise more than 50% of the primary sign area. 3. Message variation: the electronic message shall not change in increments of less than seven (7) seconds and shall not scroll. New messages shall be timed to fade in and out slowly. D. Drive-thru menu boards: 1. Permitted districts: GB, NB, CB. 2. Location/placement: menu boards shall be allowed only as an accessory use to a restaurant having a drive-through window. 3. Surface area: 35 square feet maximum. 4. Height: six feet maximum. 4.06.17. GROUND SIGNAGE STANDARDS FOR SITES WITH MULTIPLE BUILDINGS All ground signage for developments with multiple buildings are subject to these provisions: A. Ground signs may be a maximum of 12 feet in height and 100 square feet in sign area. B. Planned developments may have one ground sign per road frontage. C. Outparcels for planned developments may have one ground sign that is a maximum of four feet in height and 35 square feet in sign area. 4.06.18 SIGNS EXEMPT FROM PERMIT REQUIREMENTS A. Governmental signs. Signs posted by various local, state and federal agencies in the performance of their duties such as regulatory signs, welcome signs, government regulatory and direction information and traffic signs. Signs installed under governmental authority which note the donation of buildings, structures or streetscape materials (such as, but not limited to benches, park facilities and the like). B. Flags and the like. Flags or insignia of any nation, organization of nations, state, county or municipality provided the height of any pole shall not exceed the maximum building height for the district. Refer also to the United States Flag Code for usage of the United States flag. C. Temporary holiday decorations. Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday/celebration. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com D. Building marker signs. A sign cut or etched into masonry, bronze or similar material on a building which denotes only the building name, date of erection or street number. E. Legal and warning signs. Signs erected to warn of danger or hazardous conditions such as signs erected by public utility companies or construction companies. 1. Signs required for or specifically authorized for a public purpose by any law, statute or ordinance. 2. Signs that display information pertinent to the safety or legal responsibilities of the general public with regard to a particular piece of property shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign. F. Occupant/street number signs. Signs not exceeding two square feet and not illuminated, bearing property numbers, post office box numbers, names of occupants or other identification of premises not having commercial connotations. 1. All such signs must be placed in such a manner as to be visible from the street. 2. Unit identification numbers shall be located on the front wall within 18 inches of the entrance, or if not feasible architecturally, prominently displayed on the building. Unit numbers for residential dwellings only may, in lieu of being located on the front wall, be located on the mail boxes or similar-sized surface attached thereto. Multi-family and other residential facilities which are comprised of courts or units not fronting a public street must be located on identification signs containing the name of the court, street or way and the unit numbers on each private entrance. G. Vending machine/automatic teller and gasoline pump signs. Signs attached to and made an integral part of a vending machine, automatic teller machine or gasoline pump if advertising or giving information about the products or services dispensed or vended by that machine. H. Directional signs on private property. Directional signs must be located on the premises to which directions are indicated. 1. Such signs may not exceed three feet in height if freestanding. 2. Directional signs may not exceed four square feet per face. 3. Such signs may contain no copy (such as, company name or logo) other than directional information. 4. Illumination of such signs shall be as permitted for on-premises signs in the land development district where the sign is located. 5. No more than two signs per entrance or exit shall be permitted. I. Gas pump island signs. Portable signs associated with gasoline stations, specifically those denoting gasoline prices, gas types and other petroleum related signage. Such signs must be located at the pump island. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com J. Incidental signs. Signs containing information necessary or convenient for persons coming onto a premises shall be located on the premises to which the information pertains. 1. No advertising may be affixed to such a sign. 2. Such signs must be single-faced only and wholly attached to a building (may be located on windows or doors). K. Real estate signs. Only one sign is allowed per street frontage. 1. Such signs may not be illuminated. 2. Such signs may be no greater than four square feet in area (all types of signs) and four feet in height (if freestanding) when located on a residential property less than two acres. 3. Such signs may be no greater than 16 square feet in area (all types of signs) and eight feet in height (if freestanding) for non-residential properties or residential properties exceeding two acres. 4. Real estate signs shall be removed within one day after the closing of the sale, rental or lease of the property. L. Political signs. Political signs shall not be located on any trees, utility poles, publicly-owned property or within a public street right-of-way, except within NCDOT right-of-way according to the standards of NCGS 136-32. M. Temporary signs; special event signs. Signs may be erected for promoting special events as follows: 1. Signs for public events may be displayed for a period of 30 days and may be allowed on-or off-premises. Such signs shall be removed within seven days of the end of the special event. 2. Such signs shall not be illuminated. 3. Such signs are limited to 32 square feet in area per display surface and four feet in height. N. Yard sale signs. Such signs may be located on-premises only and may not be located within a public right-of-way nor placed on a tree, street sign or utility pole. 1. Such signs may not be illuminated. 2. Yard sale signs are limited to four square feet in area and four feet in height. 3. One yard sale sign is allowed per street frontage. 4. Such signs must be removed within seven days of erection. O. Grand Opening Signs. Temporary or portable grand opening signs may be permitted in the NB, CB, GB and O/S Districts for a period of not over 30 days per calendar year to any person(s) or corporation that has opened a new business. Grand Opening Signs include pennants, ribbons, streamers, balloons and/or spinners. P. One “open” sign per tenant. 1. May have a neon light source. 2. Permitted districts: CB, NB & GB. 3. Not exceeding 15 watts and two square feet. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Q. Fence Wrapping. Fence wraps displaying signage when affixed to perimeter fencing on construction sites, as described by NCGS 160A-381(j), shall be exempt from the requirements of this ordinance and allowed to remain until: 1. A final Certificate of Occupancy is issued, or 2. 24 months has elapsed from when the signage was installed, whichever is shorter. 4.06.19 PROHIBITED SIGNS A. Off-premises signs. All off-premises signs unless specifically allowed elsewhere in this ordinance are prohibited. B. Animated/flashing signs or signs of illusion. Except for otherwise approved time and temperature signs, signs displaying blinking, flashing or intermittent lights, animation, and moving parts or signs giving the illusion of movement are prohibited. Time and temperature signs that rotate or move are not permitted. C. Signs resembling official signs. Any sign that imitates an official governmental sign, or violates the law of the state relating to outdoor advertising, is prohibited. D. Signs resembling traffic signals. Any sign which by color, location or nature may be confused with official highway signs, warning signs, traffic signals or other regulatory devices are prohibited. 1. Any sign that uses the word “stop”, “slow”, “caution”, “danger”, or any other word which is likely to be confused with traffic directional and regulatory signs is prohibited. 2. Any sign located in a manner or place which might constitute a traffic hazard is prohibited. E. Signs on roadside appurtenances. Signs attached to or painted on utility poles, telephone poles, trees, parking meters, bridges and overpasses, rocks, other signs, benches and refuse containers, and the like are prohibited unless specifically allowed elsewhere in this ordinance. F. Abandoned signs or sign structures. Signs that advertise an activity or business no longer conducted on the property on which the sign is located are prohibited. Conforming signs designed for changeable copy may be covered instead of removed. 1. Sign structures on which no sign is erected are prohibited. 2. Such signs or sign structures must be removed within 30 days of becoming an abandoned sign or sign structure. G. Signs obstructing access. Any sign that obstructs free ingress or egress from a driveway or a required window, door, fire escape, stairway, ladder or other required opening is prohibited. H. Signs with exposed electrical wiring. All wiring shall be contained in conduit or enclosed in poles or raceways. In no case shall the wiring be exposed to the public. I. Signs on public property. Any sign installed or placed on public property or within a public right-of-way, including any sign held by or otherwise displayed 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com upon a person. Such sign shall be forfeited to the public and is subject to confiscation and disposal. In addition to other remedies hereunder, the Administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 4.06.20 MAINTENANCE OF SIGNS Signs shall be kept in proper repair. The following maintenance requirements must be observed for all signs visible from any public street or highway within the jurisdiction of the town. A. Surface appearance. No sign shall have more than 20% of its surface area covered with disfigured, cracked, ripped or peeling paint or poster paper for a period of more than 30 successive days. B. Broken displays. No sign shall remain with a bent or broken display area, broken supports, loose appendages or struts or stand more than 15 degrees from the perpendicular for a period of more than 30 successive days. C. Illuminated signs. No indirect or internally illuminated sign shall have only partial illumination for a period of more than 30 successive days. 4.06.21 INSPECTION AND ENFORCEMENT All signs for which a permit is required shall be subject to inspection by the town. A representative of the town shall be authorized to enter at all reasonable times upon any property or premises to ascertain whether the provisions of the code are being obeyed. The town may order the removal of any sign that is not in accordance with the provisions of the code. 4.06.22 SUBSTANDARD SIGNS A. The owners of any sign judged substandard by the Administrator shall be notified in writing and the said owner shall have 30 days in which to make repairs. If the said order is not complied with within 30 days, the Administrator shall remove such sign at the expense of the owner or lessee thereof plus all legal and administrative fees. B. Any sign installed or placed on public property or within a public right-of-way shall be forfeited to the public and is subject to confiscation and disposal. In addition to other remedies hereunder, the Administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 4.06.23 SIGNS PERMITTED IN ALLOWANCE, REMOVAL, RELOCATION, RECONSTRUCTION OF NONCONFORMING OFF-PREMISE ADVERTISING SIGNS A. New signs limited. No new outdoor advertising signs shall be permitted in the town except for outdoor advertising signs that are removed, relocated, or reconstructed pursuant to the requirements of this section. B. Qualified signs. A sign with an existing valid permit from the State Department of Transportation and the town. A sign may also qualify if erected prior to applicable zoning regulations. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com C. Removal/replacement/reconstruction. Any relocated and/or reconstructed qualified sign shall comply with the following standards: 1. The total number of relocated and/or reconstructed signs shall not exceed the number of qualified sign structures and sign faces that are registered as qualified signs. 2. No outdoor advertising sign shall exhibit a face panel size greater than 300 square feet per side or the size of the face panel being relocated and/or reconstructed, whichever is smaller. 3. A relocated and/or reconstructed qualified sign shall be set back no less than ten feet from the edge of the right-of-way. 4. A relocated and/or reconstructed qualified sign shall not exceed 40 feet in height or the existing height, whichever is shorter. 5. A relocated and/or reconstructed qualified sign shall be a column sign. Replaced signs shall not be attached to any building. A relocated and/or reconstructed sign is limited to only have one face per side. 6. Light emitted from any reconstructed qualified sign shall be confined to the sign area and in no case shall light emitted from a billboard be allowed to shine directly onto or into a residentially zoned or used property. Section 4.07 Lighting The provisions contained in this section shall be known and may be cited as the Lillington Lighting Code. 4.07.1 PURPOSE The standards set forth in this section are designed to focus on the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood. It is the intent of this section to: A. Minimize light pollution, such as glare and light trespass. B. Conserve energy and resources. C. Maintain night-time safety and utility. D. Improve the night-time visual environment. 4.07.2 APPLICABILITY All applications for site plan review, special use, subdivision and/or building permits shall include lighting plans showing location, type, height and lumen output of all proposed and existing fixtures. The applicant shall provide enough information to verify that lighting conforms to the provisions of this lighting code. The Administrator shall have the authority to request additional information in order to achieve the purposes of this Lighting Code. 4.07.3 PROHIBITIONS AND EXEMPTIONS A. Prohibitions. The following lighting types shall be prohibited: 1. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited. 2. The operation of searchlights for advertising purposes is prohibited. 3. Site lighting that may be confused with warning, emergency, or traffic signals is prohibited. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4. lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 5. Awnings and canopies used for building accents over doors, windows, and etc. shall not be internally lit (i.e. from underneath or behind) so as to visually turn a translucent material into an internally illuminated material. Lighting may be installed under canopies that light the sidewalk, or downlights onto the architectural features of a building. B. Exemptions. The following exemptions shall be granted from the requirements of this section: 1. Luminaires used for public-roadway illumination may be installed at a maximum height of 37 feet and may be positioned at that height up to the edge of any bordering property. 2. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this ordinance. 3. All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this Article, except that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task. 4. Individual residential lighting that is not part of a site plan or subdivision plan for street or other common or public area outdoor lighting. 5. Lighting associated with holiday, festival or other temporary uses permitted in this ordinance. 6. Lighting of public art that has been permitted or otherwise approved by the town. 7. Other Municipal or State lighting installed for the benefit of public health, safety, and welfare. 8. All fixtures installed or temporarily used by public agencies, their agents, or contractors for the purpose of illuminating public streets. 9. Lighting of US and North Carolina State Flags provided the flag standard does not exceed the maximum permitted building height for that district. 4.07.4 GENERAL DESIGN STANDARDS A. Background spaces such as parking lots and driveways shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. B. Foreground spaces, such as building entrances and plaza seating areas, shall utilize lighting that defines, highlights, or enhances the space without glare. C. The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. D. Light poles and fixtures shall be of a matte or low-gloss grey, black, dark earthen, or bronze finish, unless permission is granted by the Administrator for a special color scheme or theme. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com E. Light sources must be compatible with the light produced by surrounding uses and must produce an unobtrusive degree of brightness in both illumination levels and color temperature. F. Natural areas and natural features shall be protected from light spillage from off-site sources. G. All exterior lighting, on or off a building, shall be either amber or white in color with the exception of low-light output (800 lumens or lower) landscaping or other decorative lighting, signage lighting, or customer entrance or service area lights aiming down and installed under a canopy or similar roof structure. 4.07.5 DISTRICT LIGHTING STANDARDS IN FOOTCANDLES A. Maximum lighting levels shall adhere to the standards in the chart below. All numerical values in the chart below represent measurements in footcandles. RR, RS-15, RS- 20, RS-10 RMF, RMX NMX, O/S, CB, NB GB, LI, HI Light Trespass Off Property 0.1 0.3 0.8 1 Display/Canopy Area 8 12 20 20 Parking Areas 4 4 6 6 All other on-site Lighting 4 6 10 10 1. The values in the preceding chart for “All Other On-Site Lighting” and “Display/Canopy Areas” shall represent the maximum point of illuminance measured at grade in footcandles. a. Exception: Outdoor display lots for vehicle sales and leasing may exceed 20 foot-candles if outdoor white lighting is cut off, leaving only security lighting that is amber in color (a temperature rating equal to or less than 2,700 Kelvin), after closing or 11:00 p.m., whichever comes earlier. 2. The values of the preceding chart for the “Light Trespass Off Property” shall represent the maximum point of illuminance as measure at the property line in footcandles. a. Exception: In the case of buildings closer than 10 feet to the property line using only wall packs, light trespass may be greater than one foot- candle as long as the wall packs are fully shielded to direct the light downward, have a light output of 1,600 lumens or lower, and the light source (lamp) is not visible from off-site. 3. The values of the preceding chart for “Parking Areas” shall represent the average point of horizontal illuminance measured in footcandles, provided that in all districts the maximum uniformity ratio shall be 4:1 minimum to average. 4.07.6 CONTROL OF GLARE A. Pole light fixtures shall have a flat lens oriented horizontally or have shields installed on each side of the fixture to hide the lens. B. Any luminaire shall be a full-cutoff type fixture. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com C. Any luminaire shall be mounted at a height equal to or less than 30 feet above finished grade. D. The maximum mounting height of all outdoor lighting with a 90 or less degree cutoff fixture shall be 30 feet. The maximum mounting height of all outdoor lighting without a full 90 degree or less cut-off fixture shall be 16 feet. Poles may be mounted on a concrete pier of no more than 3 feet in height. E. Poles shall be matte or low-gloss finish to minimize glare from the light source. F. Other than floodlights, flood lamps, and spotlights all outdoor lighting fixtures of more than 2,000 lumens shall be full-cutoff type fixtures. Any fixture that is not full-cut off shall be a directional fixture (such as flood lights) and may be used provided they shall be aimed and fully shielded to prevent light spillage. G. Exceptions. 1. Non-cutoff decorative post-mounted fixtures equipped with a solid top and mounted 18 feet or less above ground and other non-cutoff dusk to dawn utility type fixtures mounted 25 feet or less may be used. The maximum initial lumens generated by each fixture shall not exceed 9500 initial lamp lumens. 2. All metal halide, mercury vapor, fluorescent, and other white-colored light source lamps used in non-cutoff fixtures (excluding flood lights) shall be coated with an internal white frosting inside the outer lamp envelope. 4.07.7 SECURITY LIGHTING A. Unshielded flood lights and spotlights, installed for security and activated by motion sensor, are permitted. These unshielded lights must be mounted and aimed in a manner that minimizes up-lighting and light trespass. B. All floodlights shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical. All flood or spot lamps emitting 1,000 or more lumens shall be aimed at least 60 degrees down from vertical or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way. C. Flood lights and display lights shall be positioned such that any such fixture located within 50 feet of a public street right-of-way is mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way. 4.07.8 LANDSCAPE LIGHTING Landscape and decorative lighting using incandescent lighting with a light output of 800 lumens or less is permitted, provided that the light is installed and aimed to prevent lighting build up and light trespass and shielded to prevent view from the public right of way. 4.07.9 OUTDOOR RECREATIONAL LIGHTING Because of their unique requirements for nighttime visibility and their limited hours of operation, ball fields, basketball courts, tennis courts, outdoor performance areas and similar recreational uses are exempt from the exterior lighting standards provided above. However, these uses shall adhere to the requirements below. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com A. Outdoor recreational lighting shall not exceed a maximum permitted post height of 80 feet. The Administrator may set a shorter maximum pole height if the specific recreational use does not require the taller pole. B. Lights shall be shielded and positioned so as not to shine onto adjacent roadways or properties. C. All fixtures shall be fully shielded or be designed or provided with Manufacturer’s Glare Control Package, so as to minimize up-light, spill-light, and glare. D. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted. The maximum permitted illumination at the property or right-of-way line shall not exceed 2 foot-candles and all lights, except for any amber color (a temperature rating equal to or less than 2,700 Kelvin) security lights, shall be cut off after use. 4.07.10 STREET LIGHTING A. Street lighting shall be placed on all streets to allow for the safe use of streets by both cars and pedestrians. All street lighting shall be placed in accordance with the standards of the Lillington Public Works Department or the standards in the most recent edition of the Illumination Engineering Society of North America, “Lighting Handbook.” B. Pedestrian scaled lighting (no taller than 18 feet) shall be required in the NMX, CB, O/S, and NB districts using decorative fixtures of a similar character to those existing in these districts (see images at left). C. Pedestrian-scaled lighting (no taller than 18 feet) shall be prioritized over automobile lighting in all districts. Lighting shall be placed in a manner to limit the casting of shadows on sidewalks. D. All street lights shall utilize a cutoff fixture. Where buildings are close to the street (less than 15 feet from the right-of-way), full cutoff fixtures are required to limit glare and light spillage on upper levels. E. Alleys are excluded from the spacing and lighting requirements of this section. 4.07.11 ADDITIONAL LIGHTING USE REGULATIONS FOR SPECIFIC AREAS A. Building Façade Lighting 1. Floodlights, spotlights, or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. 2. On-site lighting may be used to accent architectural elements but not used to illuminate entire building(s). 3. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4. Building facade and accent lighting will not be approved unless the light fixtures are selected, located, aimed, and shielded so that light is directed only onto the intended target and spillover light is minimized. 5. Wall packs on buildings may be used at entrances to a building to light unsafe areas, but must be fully shielded to direct the light downward, must have a light output of 1,600 lumens or lower, and the light source shall not be visible from off-site. B. Outdoor Display Areas. The mounting height of outdoor display area fixtures shall not exceed 30 feet above finished grade. C. Lighting for Vehicular Canopies. Lighting under vehicular canopies shall be designed so as not to create glare off-site. Acceptable methods include one or more of the following: 1. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the vehicular canopy. 2. Surface mounted fixture incorporating a flat lens that provides a cutoff or shielded light distribution. 3. Other methods approved by the Administrator. 4.07.12 COMPLIANCE A. Lighting plans required as part of a site construction plan shall include, at a minimum, the following information: 1. Point-by-point footcandle arrays in a printout format indicating the location and aiming of illuminating devices. The printout shall indicate compliance with the maximum maintained footcandles required by this ordinance. 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices (including but not limited to manufacturers or electric utility catalog specification sheets and/or drawings, and photometric report indicating fixture classification [cutoff fixture, wall pack, flood light, etc.]). 3. After installation of on-site lighting, a certification of compliance statement must be submitted to the Administrator prior to the issuance of a Certificate of Occupancy. B. Subsequent phases of an entire development shall have a uniform design plan for lighting and fixtures. New phases must meet all requirements in effect at the time of obtaining a permit, but lighting plans must consider preexisting lighting in earlier phases, both in design and intensity of light. SECTION 4.08 OPEN SPACE STANDARDS This section shall be referred to as the Lillington Open Space Standards or open space standards. 4.08.1 USABLE OPEN SPACE (PARK SPACE) REQUIRED A. Except as provided in paragraph (F) of this section, every single-family residential (attached & detached) development shall be developed so that at least three (3) percent of the total area of the development remains permanently as usable open space. Multi-family developments shall provide a minimum of five (5) percent usable open space. See Section 4.09.06 – Multi- 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Family Development Standards for additional opens space and amenity requirements for Multi-family developments. B. For purposes of this section, usable open space means an area that: 1. Is not encumbered with any substantial structure; 2. Is not devoted to use as a roadway, parking area, or sidewalk, provided, however that multi-use trails may be counted towards required open space; 3. Reflects the character of the land as of the date development began. Wooded areas shall be left in their natural or undisturbed state except for the cutting of trails for walking, bicycling or jogging. Areas not wooded shall be landscaped for open play fields, picnic areas or similar facilities, or be properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives of this section; 4. Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; 5. Is part of an independent Lot shown on the plan as being reserved for open space; and 6. Is legally and practicably accessible to the residents of the development from which the required open space subdivided or to the public if the open space is dedicated to the Town. C. Usable Open Space shall include: Greenway/Park: A natural preserve available for unstructured recreation. Its landscape shall consist of paths and trails, meadows, waterbodies, woodland and open shelters, all naturalistically disposed. Parks may be linear, following the trajectories of natural corridors (greenways). The size shall be .5 – 5 acres (except greenways where there is no minimum). Green: An open space available for unstructured recreation. A Green may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. For the purposes of this section, standalone dog parks shall be considered a variation of the Green park type. The minimum size shall be .5 acres. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Squares: An open space available for unstructured recreation and civic purposes. A Square is spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at intersections. The minimum size shall be .25 acre and the maximum shall be 2 acres. Playgrounds: An open space designed and equipped for the recreation of children. Playgrounds shall be interspersed within residential areas and may be placed within a block. There shall be no minimum or maximum size. Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Community gardens should accommodate individual storage sheds. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com D. Location & Visibility. 1. Land for usable open space (park space) shall be centrally and internally located as to serve the needs of the residents of the neighborhood. 2. Usable open space (park space) shall serve as focal points for developments. 3. All usable open space (park space) shall be conveniently accessible to all residents of the development and shall have at least 20 feet of frontage on at least one public street within the development. 4. No residential unit within a development shall be further than ¼ mile, as measured along a street or pedestrian path, from usable space (park space) or other publicly accessible park facility. 5. All usable open space (park space) shall be visible from dwelling units that are adjacent to the park area. This includes dwelling units on properties that share a property boundary with the park space or front the park space from directly across a street. E. Minimum Amenities within Usable Open Space. 1. Required usable open space (park space) shall be planned, improved, and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and shall contain two (2) or more of the following amenities: landscaping, walls or pathways, fences, walks, lighting and electricity, fountains, ball fields, and/or playground equipment. 2. Public Seating: Provide seating areas appropriate to the intended use of the park space (e.g., park benches and durable theft/vandalism-resistant chairs and garden wall seats). 3. Trash Receptacle: At least one (1) garbage receptacle shall be required for each park space. 4. Bicycle Parking: At least two (2) bicycle parking spaces shall be required for every one-quarter acre of park space and every ½ mile of greenway. 5. Minimum Amenities - Playground per 4.08.1.C: Playground equipment shall be equivalent to the standards established by the Consumer Products Safety Commission and ASTM for playgrounds. 6. Minimum Amenities - Greenway per 4.08.1.C: A greenway path is credited toward the minimum park space dedication requirement at a rate equal to the length of the path times 20 feet in width. The minimum width of the paved path shall be 10 feet. F. Credit for Proximity to Existing Park Space. Developments that are proximate to an existing town-owned, publicly-accessible park space may count all such lands in their park space dedication requirement up to 25% of the required total, subject to the provisions below. 1. The existing park or parks must be within ½ mile of the development, as measured along a road or pedestrian path, to be considered proximate. 2. Adequate pedestrian access from the development to the existing park space must be provided as determined by the Administrator. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com G. Credit for Neighborhood Amenities. Developments that provide neighborhood amenity facilities will receive a credit of 25% of the required total, subject to the provisions below. 1. The facilities are open to all residents of the neighborhood and are not subject to a private membership separate from any related POA dues. 2. Such facilities shall, at a minimum, include a clubhouse a minimum of 800 square feet and either tennis courts (minimum of 2 courts) or a pool (a minimum of 2,000 square feet in water surface area). H. The following areas shall not count toward common open space set-aside requirements: 1. Private Lots, yards, balconies and patios dedicated for use by a specific dwelling unit; 2. Electric or gas transmission line rights-of-way; 3. Public right-of-way or private streets and drives; 4. Open parking areas and driveways for dwellings; 5. Land covered by structures except for ancillary structures associated with the use of the open space such as gazebos and picnic shelters; 6. Designated outdoor storage areas; 7. Land areas between buildings of less than forty (40) feet; 8. Land areas between buildings and parking lots or driveways of less than forty (40) feet in width; 9. Required setbacks; and 10. Detention/retention facilities except as permitted by the Administrator. I. Subdivided residential developments of less than twenty-five (25) dwelling units are exempt from the requirements of this section unless the Town agrees that it will accept an offer of dedication of such open space and in that case the offer of dedication shall be made. 4.08.2 OWNERSHIP AND MAINTENANCE OF RECREATIONAL AREAS AND REQUIRED OPEN SPACE: A. Open space required to be provided by the applicant in accordance with these open space standards shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a property owner’s association or similar organization that satisfies the criteria established in Article 5 – Subdivisions & Infrastructure. Open space shall be designated as an independent lot on the plat and shall be noted as being reserved for their intended purposes. B. The person or entity identified in paragraph (A) as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same. C. Open space may be dedicated to a registered land trust, if approved by the Board of Commissioners. 4.08.3 DEDICATION OF OPEN SPACE A. If any portion of any lot proposed for development lies within an area designated on the officially adopted Comprehensive Parks Master Plan as a 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com public park or part of the public greenway system, the area so designated (not exceeding three percent of the total lot area) shall be included as part of the area set aside to satisfy the requirement of this section. This area shall be dedicated to public use. B. If more than three percent of a lot proposed for development lies within an area designated as provided in paragraph (A), the Town may attempt to acquire the additional land in the following manner: 1. The applicant may voluntarily dedicate the additional land to the Town; 2. The applicant may be encouraged to develop an integrated subdivision, cluster subdivision or some other applicable development pattern and to dedicate the common open space created thereby; or 3. The Town may purchase or condemn the land. 4.07.4 FLEXIBILITY IN ADMINISTRATION AUTHORIZED A. The requirements set forth in this article concerning the amount, size, location and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Board of Commissioners as standards that presumptively will result in the provision of that amount of recreational facilities an open space that is consistent with officially adopted Town Plans. The Board of Commissioners recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit issuing authority is authorized to permit minor deviations from these standards whenever it determines that: 1. The objectives underlying these standards can be met without strict adherence to them; and 2. Because of peculiarities in the applicant's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards. B. Whenever the Permit Issuing Authority approves a deviation from these open space standards pursuant to paragraph (A), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 4.07.5 OPEN SPACE LINKAGES Where a trail, natural area or public park is dedicated to or acquired by the Town, such area may be credited toward the minimum amount of common open space required. 4.07.6 NATURAL OPEN SPACE REQUIRED A. Every single-family residential development shall be developed so that at least 5 percent of the total area of the development remains as natural open space. B. Every multi-family development shall be developed so that a minimum of ten (10) percent of the total site remains as natural open space. See Section 4.09.06 – Multi-Family Development Standards for additional opens space requirements for Multi-family developments. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com C. See Section 5.13.3 for regulations related to Cluster Subdivisions and Developments. 4.07.7 NATURAL OPEN SPACE DESIGN CRITERIA All required open space shall meet the following design criteria, as applicable: A. Water bodies, retention areas, detention basins and wetlands basins, may constitute up to forty (40) percent of required open space, provided that retention facilities are designed to provide safe access to water. Unless otherwise approved by the Board of Commissioners, side slopes to retention facilities shall provide at least six (6) feet of horizontal run for each foot of vertical rise. B. At least thirty (30) percent of required open space must be dry land with a slope of less than ten (10) percent unless otherwise approved the Board of Commissioners. C. Unless otherwise approved by the Board of Commissioners, open space shall be continuous, contiguous with open space on abutting properties and accessible to the public. 4.07.8 CONNECTIVITY REQUIRED To the maximum extent practicable, common open space shall be organized to create integrated systems of open space that connect with the following types of lands located within or adjacent to the development: A. Dedicated public park or greenway lands; B. Dedicated school sites; C. Other dedicated open spaces; D. Common open space located adjacent to the development; E. Portions of the regional trail and open space system; 4.07.9 OWNERSHIP & MAINTENANCE The designated common open space and common facilities are outlined in Section 5.16 of this ordinance. SECTION 4.09 LANDSCAPING AND BUFFERING This section shall be known as the Town of Lillington Landscaping Code or Landscaping Code. 4.08.1 FINDINGS AND PURPOSE The standards established in this ordinance are intended to preserve, protect, restore and enhance the aesthetic appeal and scenic beauty of this town; provide adequate buffering between land uses; reduce noise and air pollution; reduce stormwater run-off; filter and reduce glare from artificial light sources; provide shaded areas along streets, sidewalks and in parking lots; provide a continuity of vegetation throughout the town; encourage the preservation of existing trees and vegetation; safeguard and enhance property values; and protect the public health, safety and general welfare. 4.08.2 APPLICABILITY The landscaping and buffering standards of this section shall apply to the following: 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com A. All new developments (except for infill single-family detached) shall be designed in accordance with the requirements of this article. B. See Section 8.02.1 for all other non-conforming standards. 4.08.3 STREET TREES A. Street trees are an essential part of the town streetscape. The Town seeks to maintain existing trees where possible and to encourage the planting and continuance of the established street tree patterns. B. To accomplish this objective, the following shall apply: 1. All subdivisions and developments subject to site plan approval shall provide street trees along their frontage with adjacent public streets in conjunction with low growing vegetation as outlined in any specific streetyard requirements . 2. Street trees and other associated plantings shall be selected from the list of large trees, or, where power lines are located, small trees, low growing, and mid-story vegetation, included in Appendix A. 3. Planting strips shall be a minimum of ten (10) feet wide unless otherwise specified. 4. Planting location shall take into consideration planned roadway widening, public safety, standard drainage requirements and maintenance of sight distances for traffic safety. Street trees may be planted within the right-of-way, within planting strip abutting the right- of-way or other location approved by the Permit Issuing Authority. C. Street trees, unless subject to overhead power lines, shall be planted at the rate of one (1) three-inch caliper tree per thirty (30) feet of property line abutting a public street, excluding driveways and traffic visibility zones. This rate may be varied based upon existing trees and the crowns of planted trees. D. Trees used to meet buffer and vehicle use area requirements, may be used to meet the street requirements to the extent that the trees are located within twenty-five (25) feet of a street. 4.08.4 BUFFER YARD REQUIREMENTS Buffers provide compatible transitions between differing land uses, reduce the visual impacts of development and retain existing plant materials. A. Buffers are required along the common property lines between Developments and those areas that abut public rights-of-way, private ingress/egress easements, railway easements, different zoning districts, or between developments of different uses as established in this section. B. Buffer yard planting areas must provide a continuous mulched line. The balance of the buffer yard shall be sodded and maintained in good condition. C. The chart below establishes the minimum buffer widths for proposed development. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Adjacent Zoning District District of Proposed Development RR, RS-20, RS-15, RS-10 RMX, RMF O/S, NB NMX, CB GB LI, HI RR, RS-20, RS-15, RS-10 None None B None A A RMX, RMF C None None None A A O/S, NB B C None None None None NMX, CB C C None None None None GB A A B C None None LI, HI A A A A B None A = Type A Buffer B = Type B Buffer C = Type C Buffer 4.08.5 BUFFER YARD COMPOSITION The required buffer yard types may be established using a combination of yard widths, evergreen trees, canopy trees, understory trees, shrubs, fences, walls, and berms. The following tables illustrate the required elements for each buffer yard type. A. Type A Buffer: The intent of the Type A Buffer is to create a completely opaque buffer, having no horizontal openings from the ground to a height of 8 feet within 2 years of planting. Type A buffers can be achieved in 3 ways: Type A Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 40’ 4 Evergreen Trees 4 Canopy Trees 4 Understory Trees 48 Shrubs Not Required Option 2 30’ 2 Evergreen Trees 1 Canopy Trees 2 Understory Trees 12 Shrubs Berm Option 3 20’ 1 Evergreen Trees 1 Canopy Trees 3 Understory Trees 12 Shrubs Fence or Wall B. Type B Buffer: The intent of the Type B Buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 10% of the total width, from the ground to a height of 8 feet within 2 years of planting. A Type B Buffer can be achieved in 2 ways as specified below. Type B Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 20’ 2 Evergreen Trees 1 Canopy Trees 2 Understory Trees 12 Shrubs Not Required Option 2 10’ 1 Evergreen Trees 1 Canopy Trees 3 Understory Trees 24 Shrubs Berm 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com C. Type C Buffer: The intent of the Type C Buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 25% of the total width, from the ground to a height of 6 feet within 2 years of planting. A Type C Buffer can be achieved in 2 ways as specified below. Type C Buffer Yard Options Min. Depth Min. Plantings per 100 feet Required Barrier Option 1 20’ 1 Canopy Trees 2 Understory Trees 8 Shrubs Not Required Option 2 10’ 2 Canopy Trees 2 Understory Trees 12 Shrubs Not Required 4.08.6 ADDITIONS TO BUFFERS AND SCREENING When it is determined that the conflict of land use is so great that the public safety is not served adequately by the minimum buffer and screening requirements, or where there is a need to prevent a high degree of visual, audio, or physical disorders, then the Administrator may require the installation of fencing or earthen berms in addition to the minimum required buffers and screening, according to the standards below. A. Fencing or Walls. Where required as part of a buffer yard, fencing or walls must adhere to the provisions below. Nothing in this section shall prohibit the owner of a single-family dwelling from constructing a separate fence along the borders of such property, provided that all required buffer plantings are maintained. 1. In all cases, the finished side of the fence must face the use with the lower intensity. 2. Permitted fence or wall materials include masonry, stone, architectural block, stucco on masonry, metal elements, or other similar of solid appearance. 3. The design of fencing or walls shall be sufficient to meet the extent of physical screening required by the Administrator. 4. Fencing that is required as a component of a buffer yard must contain elements that are architectural in nature. A detailed fencing plan must be submitted and approved in conjunction with all development projects. Masonry pillars, scalloping of fencing materials, and decorative design are example of such elements. 5. The height of the fence shall be determined by the Administrator based on the following variables: site conditions; topography; use; and/or building height. The minimum height of a fence or wall required by this section shall be 6 feet. B. Berms. Earthen berms may be required in combination with plant material and fencing for the purposes of screening. Berms shall be tapered appropriately to allow for practical maintenance. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 1. The slope of all berms shall not exceed a 2:1 ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of 6 feet above the toe of the berm. 2. All berms regardless of size, shall be stabilized. Topsoils brought in for mounds are to be mixed with native soil to avoid interfacing problems. 3. Berms shall be constructed as to provide adequate sight distances at intersections and along all roads. 4. Berms proposed to satisfy the screening requirements of this section shall be vegetated as required by this section. Use of berms as a substitute for existing healthy vegetation is strongly discouraged. 4.08.7 STREETYARD BUFFERING FOR DEVELOPMENT PROJECTS A. All subdivisions of property not qualified according to the criteria in Article 7 – Administration and Development Processes are required install a streetyard buffer. B. Buffers for subdivision projects subject to site plan approval are required to be designed and installed as a type A, option 2 buffer yard pursuant to the specific streetyard buffering criteria located in sections 4.08.5 and 5.10.7. C. All other development projects not qualified as a minor subdivision as described above will be required to design and install at minimum, a type C option 2 buffer yard pursuant to the specific streetyard buffering criteria located in sections 4.08.5 and 5.10.7. 4.08.8 VEHICULAR USE AREA SCREENING & LANDSCAPING A. All off-street parking, loading areas, and service areas adjacent to and/or visible from a public right-of-way and adjacent properties shall be screened from view by use of one or more of the following: • A building or buildings; • A change in topography; • A planting area a minimum of 8 feet wide planted with evergreen shrubbery placed a maximum of 5 feet on center. All shrubs shall achieve a height of 4 feet within 3 years. • Fencing, walls, or berms. B. In addition to screening requirements, canopy trees shall be installed in planting areas within parking lots to provide shade coverage for all parking spaces within vehicle service areas. Such planting areas shall meet the following requirements: 1. Planting Area Size: The minimum size of a planting area is dependent upon the number of canopy trees planted within it, as described below: Number of Canopy Trees in Planting Area Minimum Size of Planting Area 1 400 square feet 2 700 square feet 3 or more 300 square feet per tree 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 2. Planting Area Width: A minimum horizontal dimension of 9 feet measured from back of curb, pavement, sidewalk or other separating structure is required for all planting areas. 3. Planting Strip Location: A continuous linear planting strip shall be provided between each 2 parking bays. 4. Minimum Spacing: All parking spaces, or portions thereof, shall be within 60 feet of a planted canopy tree trunk. 5. Groundcover: Each planting area shall be landscaped with mulch, groundcover, or shrubs to protect against soil erosion. 6. Barriers or Wheel Stops: Barriers, such as wheel stops or 6-inch standard curbs, must be provided between vehicular use areas and landscaped areas. 7. Conflict with Parking Lot Lighting: Trees shall be located and planted so as not to diminish the effectiveness of required parking lot lighting, and in no instance shall lighting be located closer than 15 feet to canopy trees and 8 feet to understory trees. 4.08.9 DUMPSTERS AND MECHANICAL UTILITIES SCREENING A. All dumpsters, loading docks, outdoor storage areas and utility structures, which are visible from a public street or adjacent property line, shall be screened unless already screened by an intervening buffer yard. Such equipment shall be considered out of view if it is within the 45 degree angles projected from the building edges. B. Screening shall consist of evergreen shrubs, fencing, walls or berms, and shall comply with all other standards of this section. C. All screening of utilities shall comply with the requirements of the utility provider. D. Where possible, enclosures for dumpsters are encouraged to be constructed with materials that are compatible with the design and materials of the principal building. Screening may be created through the use of: 1. Solid-wood fence, or fabricated metal fence, each with shrub plantings placed around the enclosure (they do not need to completely screen the enclosure) that grow as high, or nearly as high, as the fence to provide an attractive separation, or 2. Brick fence, brick/split face block, or decorative block (plantings not required). 4.08.10 GENERAL INSTALLATION AND MAINTENANCE STANDARDS It shall be the responsibility of the property owner(s) or assigned caretakers to ensure that all regulated landscaped areas, buffers, fencing, and tree save areas are installed, preserved, and maintained in good growing conditions, appearance, and usefulness. Damage and disturbances to these areas shall result in vegetation replacement and/or fines and other penalties. Preservation and maintenance shall include: 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com A. Any dead, unhealthy, or missing vegetation, shall be replaced with vegetation that conforms to the standards of this section and the approved site and/or subdivision plan. B. All required buffers, streetyards, vehicular use areas, tree save areas and other landscaped areas shall be free of refuse and debris, shall be treated for pest/diseases in accordance with the approved site and/or subdivision plan, and shall be maintained as to prevent mulch, straw, dirt, or other materials from washing onto streets and sidewalks. C. The owner(s) shall take actions to protect all plant material from damage during all facility and site maintenance operations. All plant material must be maintained in a way that does not obstruct sight distances at roadways and intersections, obstruct traffic signs or devices, and interfere with the use of sidewalks or pedestrian trails. Plant material, whether located within buffers, tree save areas, or within planted areas (required by the site and/or subdivision plan) shall not be removed, damaged, cut or severely pruned so that their intended form is impaired. Shrubs within vehicular use areas, streetyards, and street fronts may be pruned, but must maintain at least 3 feet in height. D. In the event that existing required vegetation located within any buffers, tree save areas, streetyards, vehicular use or other landscape areas poses an immediate or imminent threat to improved structures on private property or public property, excessive pruning or removal of the vegetation may be allowable provided authorization is obtained from the Administrator, and the performance standard of the landscape area is maintained consistent with this section. Replacement vegetation may be required as a condition of the permit. E. In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence, the owner may be required to replant if the requirements of the section are not being met. Replacement vegetation shall conform to the standards of this section and the approved site and/or subdivision plan. 4.08.11 RECOMMENDED PLANT LIST See Appendix A for the Town’s official plant list. It contains some plant species that are native to the town area or are known to be suitable for the climate of the town area. Applicants seeking landscape approval shall not be required to select materials from the following list, but shall be required to select plant species that are known to be suitable for the climate of the town area. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com SECTION 4.10 BUILDING DESIGN STANDARDS 4.09.1 PURPOSE The purpose of this article is to ensure architectural compatibility, permanence and style; the preservation and enhancement of the town’s aesthetic integrity and architectural character; support tourism and stimulate local economic development, preserve private property values; and maintain a high quality of life throughout the town. The town desires that all development be treated as a lasting contributor to the community and as a good neighbor to its surroundings and the town believes that well-designed and well-maintained developments is in the best interests of all residents and businesses. 4.09.2 APPLICABILITY A. While this section provides specific standards for development, it cannot, and is not intended to, cover all circumstances. Rather the structure and content of the manual are meant to give developers and reviewers the perspective to address the unique conditions of each project, while giving builders the flexibility to develop their own designs that meet the intent, principles and spirit of the guidelines. B. The Building Design Review process as outline in Section 7.05.3 of this ordinance shall apply to the following: 1. New development. All new construction shall conform to the requirements of this section. 2. Renovation and expansions to existing development. If the total repairs and/or renovations to an existing building within a five-year period enlarge the footprint 50% or more or collectively cost more than 50% of the tax value as recorded in the county tax record at the date of application, such development shall be required to meet the minimum requirements set forth to the fullest extent technically feasible. 3. Maintenance and changes. Maintenance and changes to exterior existing building elements and facades for development less than 50% of tax value will apply only to the specific change. Approved site plans may not be further modified before or after construction, installation or occupancy without review and approval of the Administrator. The passage of time shall not remove this requirement for review and approval if changes in design, including color, are proposed for any building, built prior to or after the adoption of this chapter, within the town which is subject to these provisions. 4. Multi-family & residential facilities. All multi-family developments and other residential facilities are subject to these regulations. Single family dwellings (attached & detached) and duplexes subject to regulation under the North Carolina Residential Code for One and Two Family Dwellings shall be exempt from these regulations. Voluntary building design standards may be applied to single family dwellings (attached & detached) 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com and duplexes structures upon consent by the owner at the time of zoning, subdivision, or sit plan approval. 5. Overlay Districts. For properties located within an overlay district – see Article 2 – Zoning District Provisions for additional specific development standards. 4.09.3 GENERAL BUILDING DESIGN STANDARDS A. Applicability. These standards shall apply to all non-residential land uses except multi-family developments (see Article 2 – Zoning District Provisions for Additional Downtown Overlay Standards and Section 4.09.06 for multi- family development standards). B. Frontage. The primary entrance shall be architecturally and functionally designed on the front facade facing a public street. (Exception: buildings that are interior to a site that has buildings that otherwise meet the frontage requirement as approved by the Administrator.) C. Underground wiring. To reduce the visual impact of overhead wiring, utility services shall be located underground. Wooden poles and/or flood lights are prohibited. D. Building Design 1. Generally. The front facade should be divided into a base, middle and top. When two or more materials are used on a facade, the heavier material (e.g., brick) should be placed below the lighter material (e.g., siding) to give a sense of support and grounding. a. Manufactured, mobile and metal units are prohibited, except for a temporary construction, sales trailers or storage uses during construction projects. b. Front facades and exterior walls visible from the public right(s)-of-way shall be at least 60% brick, stucco, stone, wood clapboard siding, cementitious fiber board or other materials similar in appearance and durability. Vinyl siding, painted concrete block, cast concrete and metal may be used on building walls as minority elements or accent materials on walls that are visible from the public right-of-way provided that they do not compose greater than 40% of the facade. c. At least 25% of walls not visible from the public right(s)-of-way shall meet the same requirements for front facades and exterior walls visible from the public right(s)-of-way. d. Predominant wall materials shall have the appearance of brick. Predominant wall materials shall cover at least eighty (80) percent of walls, exclusive of windows and doors. Stucco, stone and cementitious lap siding may be used as accent materials. Materials with the appearance of concrete block, smooth concrete, corrugated or standing seam metal are prohibited. e. Brick, stone or wood facades shall not be covered or replaced with artificial siding or panels. Pitched roofs shall be clad in wood shingles, standing seam metal, corrugated metal, slate or asphalt shingles. All 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com accessory buildings shall be clad in materials similar in appearance to the principal structure. 2. Wall material maintenance. All exterior surfaces, which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed. a. All exterior surfaces, which have or have not been painted, shall be maintained free of peeling and flaking paint or stucco. Rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns. b. Where 33% or more of the aggregate of any painted or stuccoed wall shall have peeling or flaking paint or stucco worn away, the entire wall shall be scraped and repainted or recovered with stucco. 3. Entries. Building façades shall be designed with entries that are no further than one hundred and fifty (150) feet apart. Building entries should be clearly defined, visible entrances, providing access from the front of the building to the pedestrian zone, and featuring no less than three of the following: a. Canopies or porticos; b. Awnings; c. Overhangs; d. Recesses/projections; e. Arcades; f. Raised corniced parapets over the door; g. Peaked roof forms or arches; h. Outdoor patios; or i. Display windows. E. Facade colors. Color is an integral element of the overall design. 1. Facade colors shall be of low reflectance earth tone, muted, subtle or neutral colors. 2. Natural tints of materials such as reds, browns, tans, grays and greens shall be used as primary colors. 3. Brick, concrete and stone will have an inherent color, created by nature or during the manufacturing process. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high- intensity, metallic, fluorescent or neon colors shall be prohibited. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com F. Roof pitch. Roofs with pitches less than 3:12 and flat roofs will require a parapet wall on all sides visible from a public right- of-way. A pitched roof shall be profiled by eaves a minimum of six inches from the building face or with a gutter. Parapet walls shall have decorative cornices/caps. Roof lines shall be varied to reduce the scale of structures and visual interest and shall be articulated every 30 to 60 feet depending on the type of building (see illustration to left). The parapet shall be constructed so as to conceal all roofing material and equipment such as rooftop venting systems from any adjoining public right-of-way. G. Rooflines 1. Rooflines shall be varied in height, or at least every thirty (30) feet along any side of a building facing a street. Hips, gables or changes in parapet elevation shall be used to provide relief in height. 2. Gable and hip roofs are allowed; parapets shall be used to conceal flat roofs and rooftop mechanical equipment from public view. 3. The parapet design shall be a minimum of three (3) feet in height and shall incorporate a three-dimensional cornice treatment. H. Public art. Public art, such as statues, fountains and other works of art are encouraged and may be placed in any required front setback are as well in other appropriate areas. I. Compatibility. Adjacent buildings within 500 feet should relate in similarity of scale, height, architectural style and/or configuration. Relate setbacks of new construction to setbacks of existing buildings or developments. Limit setback variation to 20% of average setback of existing appropriate development on a street for both residential and nonresidential development. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com J. Human scale. 1. Windows, doors, columns, eaves, parapets and other building components shall be proportional to the overall scale of the building. Windows shall be vertically proportioned wherever possible. 2. The primary entrance shall be both architecturally and functionally designed on the front facade of the building facing the primary street. Such entrances shall be designed to convey their prominence on the fronting façade. I. Windows. Except for civic and industrial buildings, at least 40% of the length of the first floor on primary street fronting facades shall be in windows or doorways. Street level windows should be visually permeable. For buildings on a corner, the first floor secondary street facade shall be at least 10% windows. A window or functional general access doorway shall be located along the length of the facade at least every 20 feet. A window shall be measured as follows: Max. sill height (first floor) 42 inches Min. area 16 square feet Min. height 4 feet Min. width 3 feet J. Window maintenance. All windows must be tight fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints or broken or loose mullions shall be replaced. All broken and missing windows shall be replaced with glass or plexi-glass. All exposed wood shall be repaired. All openings originally designed as windows shall be maintained as windows, complete with sills, lintels, frame and glass, unless specifically approved by the Fire Chief for enclosure. Where the Fire Chief approves the enclosure of a window, it must be so enclosed by either bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior to prevent water intrusion and painted or stained to properly conform with the other exterior portions of the building. K. Recesses and projections. Facades greater than 30 feet in length, measured horizontally, must incorporate recesses, arcades, awnings and This series of diagrams illustrates how architectural elements and materials can break a massive building down to a human scale. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com projections along at least 20% of the length of the facade. When used, awnings and canopies shall be placed at the top of window or doorway openings, and shall not extend beyond such openings, unless otherwise approved by the Administrator. No awning shall extend more than the width of the sidewalk or ten feet, whichever is less. Awnings must be self- supporting from the wall. No supports shall rest on or interfere with the use of pedestrian walkways or streets. In no case shall any awning extend beyond the street curb or interfere with street trees or public utilities. Awnings and canopies shall complement the color and material of the building which they are affixed. L. Awning or marquee maintenance. In the event such awnings or marquee are made of cloth, plastic or of a similar material, such awnings or marquee shall be maintained so as not to show evidence of tearing, ripping or other holes which diminish their function and cause unsightly conditions. Whenever an awning is removed, all supporting members shall be removed within two years of adoption of this code and thereafter, immediately upon removal of any awning. M. Accessory buildings and devices. Building and devices that are ancillary to the primary building such as loading, trash containment, maintenance, storage and mechanical/electrical areas and the devices and equipment associated with these areas shall be incorporated in the overall design, architecture and landscape so that the visual and acoustic impacts of these functions and devices are fully contained and out of view from adjacent properties and public areas. All accessory structures shall be constructed of the same materials and colors as used for the main building. N. Connectivity. 1. Generally. A community is made up of both social and physical connections. Connecting uses means making clear pedestrian and vehicular pathways between developments. It also means intermingling compatible uses. A strong sense of community, the highly valued “small town atmosphere,” depends on having such convenient and easy access to a variety of activities and uses. This connection of uses is very important to the function of a livable, pedestrian-oriented community such 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com as the town desires. Because many policies of recent decades have resulted in or even required the separation of projects and uses, this all- important design principle perhaps will require the greatest adjustment in how development occurs. 2. Connectivity requirements. a. Individual developments shall be joined together with roads and continuous sidewalks and paths versus a collection of separate development pods. Within a development, easy-to-use internal circulation is provided not only for cars but for pedestrians and bicyclists between all buildings and spaces. b. Buildings shall be oriented to roads and sidewalks with orientation to parking areas being secondary. Buildings and whole developments are not isolated from one another with extensive buffers. c. Pedestrian and vehicular links shall be linked to parks, schools and other public destinations whenever possible. d. Sidewalks shall be continuous along public streets. Sidewalks shall connect buildings to the public sidewalk and to each other. Safe and frequent crossings shall be provided for pedestrians. Pedestrian connections shall be made to large office developments from a nearby hotel. Design sidewalks appropriately for the site and the expected amount of foot traffic. In commercial areas where foot traffic is expected, sidewalks should be a minimum of ten feet. Sidewalks in residential areas can be four feet. All pathways including but not limited to sidewalks and crosswalks shall meet the minimum American with Disabilities Act (ADA) requirements. O. Reducing parking impacts. 1. Generally. A key principle of the town’s design vision is to reduce the visual impact of parking. This goal includes reducing the image of the “sea of parking” one finds along corridors at retail centers and the “garage-scape” in neighborhoods. Parking is necessary at work, at home, and at destinations throughout the town. However, there is no reason why it needs to dominate the view. 2. Parking lot standards. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com a. A minimum of 20 to 40% of the required parking is placed to the side or rear of development projects, reducing large expanses of parking in front of developments. This parking is essentially overflow parking for peak usage during the year. Buildings shall be more prominent than parking lots (see below): b. Parking areas including drives and accessways shall be surfaced with either asphalt or concrete. c. Drive-through windows shall be accessed at the building facade facing the rear property line away from the pedestrian street/right-of-way. d. On-street parking is provided when feasible to reduce the area of parking lots. P. Use of alternate plan, material or methods. 1. Alternate design plans, building materials or construction techniques may be used when unreasonable or impractical situations would result from the application of architectural design standards. Such situations may result from unique site conditions, innovative design applications and/or unified development design. The application for alternate design shall include which specific standards cannot be met and how the alternative methods will achieve the intent of the standards. The performance building design alternatives shall be evaluated by the Board of Commissioners to determine if the alternate design meets the intent and purpose of this chapter. 2. This determination shall take into account the land use of adjacent property, the orientation of the building to public streets, the building typology, the intended use of the structure, attention to architectural detail, scale and mass. Q. Building Articulation. Front and street-facing side façades greater than thirty (30) feet in length, measured horizontally, shall: 1. Incorporate wall plane projections or recesses having a depth of at least three (3) percent of the length of the façade and extending at least twenty (20) percent of the length of the façade. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 2. Have a change in at least three of the following elements every thirty (30) feet along all walls facing a public street or internal street: color change; texture change; material change; or architectural feature, such as an offset, projection, columns, canopies, arcades, or reveal with at least twelve (12) inches in depth. 4.09.4 SINGLE-FAMILY, DUPLEX & MANUFACTURED HOME DESIGN STANDARDS The following voluntary building design standards may be applied to single family dwellings (attached & detached) and duplexes structures upon consent by the owner at the time of zoning, subdivision, or site plan approval. A. Exterior materials. Exterior materials shall be durable and residential in character. Exterior wall materials shall be wood, brick, stone, stucco, vinyl or similar materials. Facade colors should be of low reflectance earth tone, muted, subtle or neutral colors, also for repainting of an existing building. The use of high-intensity, metallic, fluorescent or neon colors shall be prohibited. B. Manufactured home requirements. All manufactured homes shall meet the following requirements. 1. The home has a length not exceeding four times its width. 2. The pitch of the home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction. 3. The exterior siding consists of wood, hardboard or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction. 4. Facade colors should be of low reflectance earth tone, muted, subtle or neutral colors, also for repainting of an existing building. The use of high- intensity, metallic, fluorescent or neon colors shall be prohibited. 5. A continuous, permanent masonry foundation, un-pierced except for required ventilation and access, is installed under the home. 6. Every manufactured home shall be tied down to ground anchors. Ground anchors and tie downs shall be installed in accordance with the North Carolina Regulations for Manufactured Homes. 7. Each manufactured home stand and space shall be graded to provide adequate storm drainage away from the manufactured home and such that there will exist no more than three feet difference between the chassis of the manufactured home and the finished grade of the stand along the entire perimeter of the manufactured home proper. 4.09.05 MULTI-FAMILY DEVELOPMENT STANDARDS A. Applicability This section applies to all multi-family developments. These requirements are intended to establish design standards that will create quality design and 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com ensure the compatibility with surrounding neighborhoods and land uses. The desired characteristics of multi-family developments are to: • Encourage developments that residents can take pride in and have a sense of ownership; • Provide special attention to structural placement, building orientation and landscaping along streets and parking areas; • Ensure that common open spaces are provided in locations convenient for residents; • Ensure that developments are designed with proper setbacks, landscaping and massing to address privacy and compatibility with adjacent single- family residential development or land. B. Building Placement and Orientation 1. Buildings shall be set back a minimum of thirty (30) feet from major and arterial streets or thoroughfares. 2. The minimum spacing between the sides of buildings shall be twenty (20) feet. 3. Where practical, buildings should be located to face each other across public streets, private drives or common open space areas and amenities. 4. All buildings shall be located a minimum of fifty (50) feet from properties zoned RR, RS-20, R-15 or RS-10. C. General Building Design 1. Building Elevations: a. Facades shall have usable porches, balconies, stoops, windows and/or other architectural details to form a predominate theme of the building design. A minimum of 60 percent of front elevations, and a minimum of 30 percent of side and rear building elevations shall be required to meet this standard. The image depicts street oriented facades with balconies and/or other architectural detailing. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 2. Building Materials: a. At a minimum, two different primary building materials shall be used on each building elevation (e.g., stone, wood, masonry, or metal). Vinyl may be uses for accent purpose only. b. Colors should be of low reflectance earth tone, muted, subtle, or neutral colors. A minimum of two colors per elevation plus a trim and roof color shall be utilized. c. Color accents shall vary throughout the development. 3. Roofing: a. Roofs shall be standing seam metal, slate, asphalt shingles or synthetic materials similar and/or superior in appearance and durability. b. All multi-family buildings shall have sloped roofs. When pitched roofs are used, they shall be symmetrical gables or hips with a pitch between 6:12 and 12:12. 4. Entrances: a. Each building shall provide clearly defined site and building entries that are in scale with the proposed project and relate directly to the street frontage. b. Entries to units should be clearly identified, protected from weather by porches or roofed overhangs (as illustrated in the photo to the left) and provided with lighting for nighttime safety and security. c. The use of distinctive architectural elements and materials to denote prominent entrances is required. d. All buildings shall face the public street, private drive or common area (e.g., courtyard, plaza, or green) and have a pedestrian pathway connecting the principal entry to these areas. 5. Utilities and Equipment: a. All building attached mechanical equipment and other utility equipment (e.g., heating, cooling, antennas, satellite dishes, air conditioners or similar mechanical devices) shall be screened from view of public streets, private drives, parking lots, and adjacent residential property. b. Equipment screening shall be integrated into the building and roof design with the use of compatible materials, colors, and forms. 6. Refuse Receptacles: 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com a. All refuse containers shall be placed within screened storage areas or enclosures per this ordinance. b. Refuse containers should be conveniently located throughout the project, yet sufficiently buffered from project entries, main building entries and main pedestrian paths. c. Enclosures should be located to provide easy accessibility for users, adequate room for servicing by refuse trucks and should not hinder visibility for vehicle circulation. d. Enclosure materials and colors should be consistent with, and complimentary to, building materials and finishes. e. Landscaping should be provided on all non-accessible sides of trash enclosures. 7. Garages: a. Garages serving multi-family buildings shall be located to the side or rear of such buildings. b. The exterior materials, design features, and roof form of garages shall be compatible with the building it serves. D. Open Space & Amenities Multi-family developments shall be constructed with common open space areas and amenities for the use and enjoyment of future residents. Minimum open space provisions and required project amenities are listed below. 1. All buildings, roofed areas, and parking areas, including drives, shall not cover more than eighty-five (85) percent of the site. A minimum of fifteen (15) percent of the gross area shall be designated as common open space comprised of five (5) percent usable open space and ten (10) percent of natural open space per Section 4.07 – Open Space Standards. 2. Usable open space shall be incorporated into the development as a primary design feature and not just remnant pieces of land used as open space. 3. Usable open space should be centrally located, easily accessible and positioned within the viewshed of the nearest units such that the residents can watch over the area (see example photo below): 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 4. Common facilities such as laundries, mailboxes, and management office should be centrally and conveniently located for accessibility and proximity to the majority of the residents. 5. Open space areas should be consolidated in one location to allow for high usability and sustainability. E. Traffic Control, Circulation & Parking Multi-family developments with internal streets and driveways should be designed to be easy to navigate through in a logical, common sense manner so that a resident or visitor can easily enter the site, park their car, and find a particular unit. 1. Multi-family projects shall be designed with an internal pedestrian system providing access to individual units, common areas and amenities, parking areas and off-site connectors as appropriate. 2. Stamped and/or colored concrete or other decorative accent shall be used as an accent along project entryways, pedestrian crosswalks, pedestrian walkways and common open areas. 3. Areas between dwelling units and parking areas on-site shall be improved with landscaping to achieve a minimum 3 foot wide evergreen screen. 4. No off-street surface parking lot associated with a multi-family development shall be located between the building and the street(s) fronting the development. 5. Off-street surface parking located beside a building shall not occupy more than 25 percent of the parcel's right-of-way frontage. Associated driveway areas shall be included as part of such off-street surface parking. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 6. Parking spaces shall have a minimum separation of 5 feet from all sidewalks and pedestrian paths. 7. Traffic calming elements such as enhanced paving and bulb-outs at intersections should be provided. Other traffic calming measures such as roundabouts, raised pedestrian crossings, etc. should be used where practical. 8. The maximum block length in all multi-family developments shall be 400 feet. Blocks shall be separated by streets, drives or improved pedestrian paths as illustrated below: F. Landscaping Landscaping shall be designed as an integral part of the overall multi-family development with the purpose of enhancing building design, public views and spaces, and providing buffers, transitions and screening. Landscaping may 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com also serve to filter and infiltrate storm water runoff to reduce adverse environmental effects of runoff. 1. A 30’ Type A Buffer shall be required along arterial and major streets and thoroughfares. 2. Street trees shall be planted along all streets, driveways and parking areas in a single row at a maximum spacing of 40 feet. 3. Elevations shall have landscaping adjacent to their foundation. Landscaping shall be utilized to frame, soften, and embellish the units, to buffer the units from noise or undesirable views, to break up large expanses of parking and to ensure compatibility to provide visual screening (see photo below): 4. Parking Lot Landscaping: a. Landscape islands within parking lots and along private drives shall be located to define, direct and slow vehicular movement. b. Landscape islands shall have a minimum width of 8 feet. c. Landscape islands shall be provided for every 10 parking spaces. d. Perimeter landscape areas shall be a minimum of 8 feet in width adjacent to all parking spaces and public streets or private drives. e. Large maturing canopy trees shall be planted not more than 40 feet on center. f. A continuous row or staggered row of evergreen shrubs, with a minimum expected height at maturity of 3 feet, shall be installed at not more than 6 feet on center. If used in addition to a wall or fence, the evergreen shrubs shall be planted on the exterior side of such features. G. Lighting All exterior building attached lighting shall be located to a pedestrian scale and be designed so that light is not directed off the site and the light source is shielded downward from direct off site viewing. 1. Exterior lighting shall be pedestrian scaled with a maximum height of 18 feet. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 2.Lighting fixtures shall LED be “lamp post” style. 3.All exterior building lighting shall be architecturally integrated with the building style, materials, and colors. All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed. Adopted this 15th day of October, 2024 _________________________ Glenn McFadden, Mayor Attest: Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: October 15, 2024 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on Consideration of Text Amendment to Article V- Section 5.10.7 of the Lillington Unified Development Ordinance ITEM SUMMARY Consideration of Approval of the Text Amendment to Article V – Section 5.10.7 of the Lillington Unified Development Ordinance RECOMMENDED ACTION Approve Article V Text Amendment AGENDA ITEM #9-9A Town of Lillington, NC Unified Development Ordinance V-1 SUBDIVISIONS AND INFRASTRUCTURE Section 5.01 PURPOSE AND INTENT The purpose of this chapter is to establish criteria for the development and subdivision of real property within the jurisdiction of the Town of Lillington. These standards are set forth to:  Provide for the protection of the public health, safety and welfare; and  Promote the orderly growth and development of the Town; and  Provide for suitable residential and nonresidential development with adequate streets, utilities and appropriate building sites; and  Coordinate streets within proposed subdivisions with existing or planned streets and with other public facilities. Section 5.02 SCOPE AND APPLICABILITY 5.02.1 SCOPE According to the provisions of NCGS 160D-801, the Town of Lillington has the authority to regulate the subdivision of land within its jurisdiction. 5.02.2 SITE PLAN & SUBDIVISION APPLICABILITY A. Subdivision Defined All divisions of a tract or parcel of land into 2 or more lots, building sites, or other divisions for the purpose of sale, or building development (whether immediate or future) and shall include all divisions of land involving the dedications of a new street or a change in existing streets. B. Statutory Exemptions The following are not included within the definition above, nor are they subject to the regulations of this ordinance, provided however, that any document or plat to be recorded pursuant to any such exclusion shall bear the notation: “Exempt pursuant to the Town of Lillington Unified Development Ordinance,” and the signature of the Administrator before being presented for recordation. 1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the Unified Development Ordinance requirements of the Town. 2. The division of land into parcels greater than 10 acres in size where no street right-of-way dedication is involved. 3. The public acquisition by purchase of strips of land for the widening or opening of streets. 4. The division of a tract in single ownership whose entire area is no greater than 2 acres into not more than 3 lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the Unified Development Ordinance requirements of the Town of Lillington. Town of Lillington, NC Unified Development Ordinance V-2 5. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the North Carolina General Statues. 6. Only a plat for recordation for the division of a tract or parcel of land in single ownership is required if all of the following criteria are met: a. The tract or parcel to be divided is not otherwise exempted by UDO Sect. 5.02.2.B. b. No part of the tract or parcel to be divided has been divided under UDO Sect. 5.02.2.B. in the 10 years prior to division. c. The entire area of the tract or parcel to be divided is greater than five (5) acres. d. After division, no more than three (3) lots result from the division. e. After division, all resultant lots comply with all of the following: i. Any lot dimension size requirements of the UDO. ii. The use of the lots is in conformity with the applicable zoning requirements. iii. A permanent means of ingress and egress is recorded for each lot. C. Site Plans Defined A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and human-made, and, depending on requirements, the location of proposed utility lines. D. Conformity Required From and after the adoption of this ordinance, no real property lying within the jurisdiction of the Town of Lillington shall be developed or subdivided except in conformance with all applicable provisions of this ordinance. In addition, after the effective date of this ordinance, no plat for subdivision of land within the jurisdiction of this ordinance shall be certified for recording by the Administrator until it has been submitted and approved in accordance with the provisions of this article. E. Permits Subsequent to Plat Approval and Recording 1. Building Permits The Administrator shall not issue permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein. 2. Well and Septic Tank Permits The Administrator shall not issue a permit for the installation of wells and septic tanks upon any lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein. Town of Lillington, NC Unified Development Ordinance V-3 Section 5.03 REQUIRED IMPROVEMENTS FOR ALL DEVELOPMENT All development which does not qualify as a minor subdivision according to the criteria in Article 7 – Administration and Development Processes shall be required to install or construct the improvements specified in the table below. The developer shall be responsible for the installation and construction of required improvements according to the provisions of this ordinance and the Lillington Specifications Manual, except as may otherwise be specifically provided herein or by Town policy or agreement. Required Improvement RR RS- 20 RS- 15 RS- 10 RMF RMX NMX O/S CB NB GB LI HI FRO Underground Drainage [1] ● ● ● ● ● ● ● ● ● ● Curb & Gutter [1] ● ● ● ● ● ● ● ● ● ● ● Public Water & Hydrants [3] ● ● ● ● ● ● ● ● ● ● ● ● ● Public Sewer [3] ● ● ● ● ● ● ● ● ● ● ● ● ● Street Lights ● ● ● ● ● ● ● ● ● ● ● ● ● Paved Streets ● ● ● ● ● ● ● ● ● ● ● ● ● ● Street Trees ● ● ● ● ● ● ● ● ● ● ● ● ● Street Signs ● ● ● ● ● ● ● ● ● ● ● ● ● ● Underground Wiring ● ● ● ● ● ● ● ● ● ● ● ● ● ● Park/Open Space ● ● ● ● ● ● ● ● ● ● ● Sidewalks [2] ● ● ● ● ● ● ● ● ● [1] The Administrator may waive or alter requirements for underground drainage and curb and gutter according to the watershed standards in Article 6 – Environmental and Natural Resource Protection. [2] See Section 5.11.6 [3] Th Administrator may waive connection to public water and sewer utilities if the proposed development is within five hundred (500) feet of the nearest adequate line of a public system, provided that no geographic or topographic factors would make such connection infeasible. 5.03.1 CONNECTION TO PUBLIC WATER SUPPLY AND SANITARY SEWER SYSTEMS Connection of each lot to public water and sewer utilities shall be required if the proposed development is within five hundred (500) feet of the nearest adequate line of a public system, provided that no geographic or topographic factors would make such connection infeasible. Where public water and/or sewer is not available, lots shall meet applicable Harnett County Health Department regulations. The Final Plat shall show the appropriate certificate(s) of approval from the Environmental Health Division if such approval is required. 5.03.2 STREET TREES The location and specification of trees to use in the public right of way or public street tree easement is provided in Article 4 – Design Standards. 5.03.3 STREET NAMES & SIGNAGE A. Appropriate street name signs which meet standard municipal specifications shall be placed at all street intersections. The developer shall bear the expense. Town of Lillington, NC Unified Development Ordinance V-4 B. Proposed street names shall be submitted and subject to the approval of the Town of Lillington and/or Harnett County as appropriate. New names shall not duplicate or be similar to existing street names. Existing street names, however, shall be extended where appropriate. 5.03.4 WASTE MANAGEMENT The developer shall provide for adequate waste collection and disposal as outlined in the Town of Lillington Code of Ordinances. 5.03.5 CLUSTER MAIL BOX UNITS Cluster mail box units shall be provided in accordance with the United States Postal Service regulations. Units may not encroach into the public right-of-way and shall be placed in an easement on private property. Section 5.04 LAND SUITABILITY Land subject to flooding, improper drainage, and/or erosion; land that has been used for the disposal of solid waste and not adequately mitigated; and any other land deemed by the Administrator to be uninhabitable shall not be platted for residential or commercial occupancy, nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Such land shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions. Section 5.05 REQUIRED CONFORMANCE TO LILLINGTON SPECIFICATION MANUAL The Town of Lillington Specifications Manual (SM) is herein incorporated by reference. Conformance to the SM is required in addition to the standards in this ordinance. Section 5.06 OTHER RELEVANT STANDARDS FOR SITE PLANS AND SUBDIVISIONS In addition to the standards found in this Article, standards in the following may also apply:  Article 4 - Parks and Open Space  Article 4 - Landscaping and Buffers  Article 4 - Parking, Driveways & Loading  Article 4 - Lighting  Article 4 - Signs  Article 6 - Flood Damage Prevention, Stormwater and Watershed Standards Town of Lillington, NC Unified Development Ordinance V-5 Section 5.07 PLACEMENT OF MONUMENTS The Standards of Practice for Land Surveying in North Carolina, as adopted by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, shall apply when installing permanent monuments. Section 5.08 SITE FOR PUBLIC USE In subdividing property, due consideration shall be given by the subdivider to the reservation of suitable sites for schools and other public uses in accordance with NCGS 160D-804. Section 5.09 PROPERTY OWNER’S ASSOCIATION A. CREATION An Owners' Association shall be established to fulfill requirements of the NC Condominium Act, NC Planned Community Act, or to accept conveyance and maintenance of all common elements (common areas) within a development. The Owners' Association shall be in legal existence prior to the conveyance, lease-option, or other long-term transfer of control of any unit or lot in the development. B. CONVEYANCE Where developments have common elements serving more than one (1) dwelling unit, these areas shall be conveyed to the Owners' Association, in which all owners of lots in the development shall be members. All areas other than public street rights-of-way, other areas dedicated to the Town, and lots shall be designated as common elements. In a condominium development the common elements shall be platted in accordance with the NC Condominium Act. In other developments, the fee-simple title shall be conveyed by the subdivider or developer to the Owners' Association prior to the sale of the first lot. C. SUBDIVISION OR CONVEYANCE OF COMMON ELEMENTS Common elements shall not subsequently be subdivided or conveyed by the Property Owners' Association unless a revised Final Plat showing such subdivision or conveyance have been submitted and approved. D. MINIMIZE NUMBER OF ASSOCIATIONS Developments, whether including different land uses, different types of housing, or simply different sections, shall hold the number of Owners' Associations to a minimum. An association may establish different categories of membership, different budgets for the categories, and different rates of assessment when different kinds of services are provided to different categories. Smaller associations under an umbrella (master) association are permitted. E. EXEMPTION FROM OWNERS’ ASSOCIATION REQUIREMENT A development involving only two units attached by a party wall (or two separate walls back-to-back) shall not be required to have common elements or an Owners' Association. Such developments without an Owners' Association shall establish a binding agreement between owners to govern any party walls and to ensure reciprocal easement rights needed for maintenance. Town of Lillington, NC Unified Development Ordinance V-6 Section 5.10 LOT STANDARDS The size, shape, and orientation of lots shall be appropriate for the location of the proposed development or subdivision and for the type of development contemplated and shall conform to the following: 5.10.1 CONFORMANCE WITH OTHER REGULATIONS Every lot shall have sufficient area, dimensions, and street access to permit a principal building to be erected thereon in compliance with all zoning and other requirements of this ordinance. 5.10.2 SIDE LOT LINE CONFIGURATION Side lines of lots should be at or near right angles or radial to street lines. 5.10.3 LOT LINES AND DRAINAGE Lot boundaries shall coincide with natural and pre-existing manmade drainageways to the extent practicable to avoid lots that can be built upon only by altering such drainageways. 5.10.4 LOTS ON ARTERIAL OR MAJOR STREETS Major subdivisions shall not be approved that permit individual residential lots to directly access on to arterial or major streets. 5.10.5 STREET ACCESS All lots shall front upon, and have access to, a public street built in accordance with Town and/or NCDOT standards. 5.10.6 FLAG LOTS PROHIBITED Flag lots shall be prohibited except where required due to extreme topographic circumstances or site conditions. A flag lot shall contain only one single-family dwelling with a flagpole maximum length of 300 feet. The minimum width of the flagpole shall be 25 feet. 5.10.7 BUFFERS AND ENVIRONMENTAL FEATURES A. When a major subdivisiondevelopment abuts an arterial or major streetexisting or proposed public right-of-way or private easement, at minimum a Type Astreetyard buffer as described in section 4.09 shall be required between the property lines of the newly subdivided lotsdevelopment project and the right-of-way. Existing vegetation may be used as approved on a case by casecase-by-case basis by the Administrator. See the illustration below for a typical streetyard buffer. Town of Lillington, NC Unified Development Ordinance V-7 B. When developments abut any roadway with a functional class higher than a minor collector as defined by either the Town or NCDOT, increased buffer widths may be required by the administrator. C. Placement of streetyard buffers shall be located in a manner where there is no conflict with future road widening, right-of-way dedication, sidewalks, bike & pedestrian facilities, utility realignment/installation, as referenced in any established plan, or as identified by the administrator. Placement of streetyard buffers are required to be shown and notated during the site plan approval process as outlined in Article 7 – Administration and Development Processes. Plantings shall be located within easements to allow for the maximum area in between vegetation and edge of rights of way. B.D. Streetyard, land use and environmental buffer areas (such as stream buffers, drainageways, special flood hazard areas, wetlands, etc.) may be included within residential lots only when all of the following conditions are met: 1. The subdivision is limited in size and has no property owners’ association; and 2. The buffer is placed within a permanent conservation easement. C.E. Any required buffer yard, including those required as a zoning condition, for a residential development shall not be credited toward meeting the minimum lot size requirements. Town of Lillington, NC Unified Development Ordinance V-8 DEDICATION Section 5.11 Streets and Connectivity 5.11.1 GENERAL The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets. 5.11.2 The proposed street system shall be designed to provide vehicular interconnections in order to facilitate internal and external traffic movements in the area, improve access/egress for city neighborhoods, provide faster response time for emergency vehicles, and improve the connections between neighborhoods. Street arrangements shall not be such as to cause hardship to the owner of adjoining property in RIGHT-OF-WAY Right-of-way for public streets shall be dedicated to the Town pursuant to NCGS 160D-804 and other applicable NC State laws. When dedication cannot be required, any future street right-of-way indicated on adopted transportation plan shall be shown on the plat. 5.11.3 CONFORMANCE WITH TRANSPORTATION PLAN The location and design of streets shall be in conformance with any adopted transportation plan(s). Where conditions warrant, right-of-way widths and pavement widths in excess of the minimum street standards may be required to ensure conformance with these plans. 5.11.4 CONFORMANCE WITH ADJOINING STREET SYSTEMS The planned street layout of a proposed development or subdivision shall be compatible with existing or proposed streets and their classifications on adjoining or nearby tracts. The top image is an example of a poor layout with few connections and many cul-de-sacs. The lower image shows an improved street layout with required connections and a network of streets. (Images courtesy of the National Center for Safe Routes to School. Town of Lillington, NC Unified Development Ordinance V-9 5.11.5 INTERNAL STREET NETWORK CONNECTIVITY A. An interconnected street system is necessary in order to protect the public health, safety and welfare in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles, to enhance non-vehicular travel such as pedestrians and bicycles, and to provide continuous and comprehensible traffic routes. B. All proposed streets shall be continuous and connect to existing or streets without offset with the exception of cul-de-sacs as permitted and except as provided below. Whenever practicable, provisions shall be made for the continuation of planned streets and utilities into adjoining areas. E. Streets in residential subdivisions shall be designed so as to minimize the length of local streets, to provide safe access to residences with minimal need for steep driveways and to maintain connectivity between and through residential neighborhoods for autos and pedestrians. F. Where necessary to provide access or to permit the reasonable future subdivision of adjacent land, rights-of-way and improvements shall be extended to the boundary of the development. G. A turnaround is required on any dead end road per the NC Fire Prevention Code. H. The platting of partial width rights-of-way shall be prohibited except where the remainder of the necessary right-of-way has already been platted, dedicated or established by other means. I. Exemptions New subdivisions that intend to provide one new cul-de-sac street shall be exempt from the connectivity ratio standard as set forth in this section, provided the Administrator determines that there is: 1. No options for providing stub streets due to topographic conditions, adjacent developed sites or other limiting factors; and 2. Interconnectivity (use of a looped road) within the development cannot be achieved or is unreasonable based on the constraints of the property to be developed. 5.11.6 MINIMUM NUMBER OF ACCESS POINTS TO EXTERNAL STREET NETWORK The minimum number of points of external street access shall be based on the number of dwelling units in the proposed development as set forth below. A. Residential developments with fifty (50) or more lots or dwelling units shall have at least two (2) separate points of public road access. B. Residential developments with one hundred (100) or more lots or dwelling units shall have at least (3) separate points of public road access. 5.11.7 RESERVE STRIPS Reserve strips adjoining street rights-of-way for the purpose of preventing access to adjacent property shall not be permitted under any condition. Town of Lillington, NC Unified Development Ordinance V-10 5.11.8 STREET DESIGN CRITERIA All streets shall be constructed in accordance with any local standards or the standards contained in the most recent version of the NCDOT Roadway Design Manual or NCDOT Subdivision Roads Minimum Construction Standards as appropriate. The illustration below is a sample cross-section of a local or minor street. Right-of-way widths. Right-of-way widths shall not be less than the following: Street Type Right-of-Way Width Arterial or Major 80-100 feet Collector 66-80 feet Local or Minor 50-64 feet [1] Cul-de-sac 50 feet (100 feet diameter turnaround) Marginal Access 66 feet Alley 20 feet [1] See subsection B.1-2 below for cross-sections for optional rural single-family residential subdivision developments without curb and gutter. A. Pavement widths. Pavement widths or graded widths shall be as follows: Street Type Streets with Curb & Gutter (measured face to face of curb) Streets without Curb and Gutter [1] Arterial or Major 48 feet 44 feet Collector 40 feet 36 feet Local or Minor 26 feet 20-24 feet [1] Cul-de-sac 26 feet 20-24 feet [1] Marginal Access 26 feet 24 feet Alley 18 feet 16 feet [1] For rural single-family residential subdivision developments without curb and gutter the optional cross-sections in Subsections B.1-2 shall apply. Town of Lillington, NC Unified Development Ordinance V-11 1. Local or Minor Street Cross-Section – 52’ Right-of-Way: *Pavement design for cul-de-sac street shall be 3” S9.5B. 2. Local or Minor Street Cross-Section – 64’ Right-of-Way: *Pavement design for cul-de-sac street shall be 3” S9.5B. A. Roads and street surfaces. All public and private streets and roads shall be constructed and paved to meet all Town or NCDOT standards for maintenance. B. Street intersections. Street intersections shall be laid out as follows: 1. Streets shall intersect as nearly as possible at right angles and no street shall intersect at less than 60 degrees; 2. Intersections with an arterial or major street shall not be less than 600 feet apart, measured from centerline to centerline; Town of Lillington, NC Unified Development Ordinance V-12 3. Property lines at street intersections shall be rounded with a minimum radius of 20 feet. 4. At an angle of intersection of less than 90 degrees, a greater radius may be required by the Administrator; and 5. No planting, fence or other obstruction to visibility of vehicles shall be erected, planted, maintained or allowed to exist in any district within the range of three feet to ten feet above the centerline grades of the intersecting streets in the triangular area bounded by the street right-of-way lines of such corner lots and a line joining points along these street lines 25 feet from the point of intersection. C. Horizontal curves. 1. Where a centerline deflection angle of more than ten degrees occurs, a circular curve shall be introduced having a centerline radius of not less than the following: Arterial or Major Street 300 feet Collector Street 200 feet Local or Minor Street 100 feet 2. Proper super-elevation shall be provided for curves on arterial or major streets to comply with Town and/or NCDOT design standards. D. Vertical curves. All vertical curves shall have such length as necessary to provide safe sight distance to comply with Town and/or NCDOT design standards. E. Cul-de-sac. 1. The maximum distance from an intersecting street to the end of a cul-de-sac shall be five hundred (500) feet. In cases where extreme topography or other unique site features necessitate a longer street, a cul-de-sac with a maximum length of eight hundred (800) feet may be approved by the Board of Commissioners. 2. In general, streets with one end permanently closed shall be avoided unless the design of the subdivision and the existing or proposed street system in the surrounding area clearly indicates that a through street is not essential at the location of the proposed cul-de-sac. This illustration shows a residential cul- de-sac street with a center landscaped island. 3. Cul-de-sacs should only be permitted with center islands larger enough to contain landscaping as illustrated in the image on the left. H. Blocks. The maximum and minimum length and width of blocks shall be as follows: 1. Block lengths shall not exceed 1,000 feet nor be less than 400 feet. Where deemed necessary by the Administrator, a pedestrian crosswalk of at least five feet minimum in width shall be provided. 2. Blocks shall have a sufficient width to allow two tiers of lots of minimum depth. Blocks may consist of single tier lots where such Town of Lillington, NC Unified Development Ordinance V-13 are required to separate residential development from through vehicular traffic or nonresidential uses. 3. Subject to the approval of the Administrator, block lengths may be varied when, in the opinion of the Administrator, such alternative is necessary due to extreme topography or other unique site features. I. Minimum sight distances. Shall comply with current Town and/or NCDOT design standards. J. Design speeds. Shall comply with current Town and/or NCDOT design standards. 5.11.9 STREETS CROSSING NATURAL AREAS A. All streets crossing natural areas, wetlands, or streams shall cross at or as near to ninety (90) degrees as possible within topographic limits. B. Where a required street stub necessitates the crossing of a stream or designated drainageway at the property line to make the required connection to an adjacent parcel, the owner or applicant shall provide a payment in lieu of building the stream crossing equal to half the total cost of the construction based on an engineer certified estimate. Such payment shall be set aside to offset the cost of constructing the stream crossing for future development. 5.11.10 SPACING BETWEEN INTERSECTIONS A minimum spacing of one hundred fifty (150) feet between intersections of collector or local/minor streets shall be maintained. In no case shall a pair of intersecting streets be approved with an offset that does not meet this minimum distance standard. 5.11.11 CURB AND GUTTER A. Except as permitted in Article 6 – Environmental and Natural Resource Protection, concrete curb and gutter shall be installed along all newly created streets within and adjoining subdivisions. B. Where improvements, such as widening or turn lanes are required on Town maintained streets adjoining subdivisions, concrete curb and gutter shall be installed in conjunction with the related improvements. Town of Lillington, NC Unified Development Ordinance V-14 5.11.12 TEMPORARY TURNAROUNDS AND STUBS A. Streets stubbed to adjoining property or to phase lines shall be required to have temporary turnarounds at the end of the street which are of a sufficient size to permit sanitation and emergency vehicles to turn around. B. Stub streets and streets intended for extension during future phases shall be designed and constructed to the property line or as close to the line, vertically and horizontally, as practical. It shall be the responsibility of the second development to construct the connection to an existing stub street. C. Stub streets shall not exceed 150 feet in length without a paved turnaround (permanent or temporary). D. A clearly visible street sign shall be erected at the end of the stub street stating that the street is planned to connect to a future street. 5.11.13 GRADES AT INTERSECTIONS The grade on stop streets approaching an intersection shall not exceed five percent (5%) for a distance of one hundred (100) feet from the centerline of the intersection. 5.11.14 STREET NAMES Street names, prefixes, suffixes and addresses shall conform to the guidelines and policies set forth by the Harnett County street naming and addressing standards. 5.11.15 STREET AND TRAFFIC CONTROL SIGNS A. Street Signs. At each intersection, the developer shall be required to install street name signage in accordance with Town standards for the design of such signage. B. Traffic Control Signs. The developer/subdivider shall provide traffic control signs that meet the Manual on Uniform Traffic Control Devices (MUTCD) standards in locations designated by the Town and/or NCDOT. C. Maintenance. Maintenance of signs on private streets or drives shall be the responsibility of the owner or Property Owners' Association, as appropriate. 5.11.16 SIDEWALKS Sidewalks shall be installed along in accordance with the following standards: A. Required Locations. Sidewalks shall be installed along both sides of all streets located within the proposed subdivision and along all existing streets located within the proposed subdivision. Clearly visible street signs shall be installed at the end of the stub street stating that the street is planned to connect to a future street. Town of Lillington, NC Unified Development Ordinance V-15 B. Alternative Compliance. Alternative provisions for pedestrian movement meeting the intent of this ordinance may be used where unreasonable or impractical situations would result from application of these requirements. Such situations may result from significant street trees, impending road widening, topography, utility easements, lot configuration or other unusual site conditions. In such instances, the Administrator may approve an alternate plan that proposes different pedestrian amenities provided that the intent of this section is fulfilled. C. Payments in Lieu. In lieu of alternative compliance in B above, the Administrator may approve a payment in lieu (in accordance with an adopted annual fee schedule) where any one or a combination of factors render compliance impractical: 1. Steep slopes; 2. Absence of existing sidewalks along the corridor and in the general neighborhood; 3. Where sidewalks are not shown on applicable town plans. D. Construction Standards. All sidewalks, whether required by this ordinance or installed voluntarily, shall be constructed to Town and/or NCDOT standard specifications for sidewalks and have a minimum width of five feet and a minimum thickness of six (6) inches of concrete. Section 5.12 UTILITIES AND EASEMENTS 5.12.1 PUBLIC WATER AND SEWER CONSTRUCTION REQUIREMENTS Water and sewer lines, connections, and equipment shall be constructed in accordance with the standard specifications for utility line construction as set forth by the utility provider for the proposed development. 5.12.2 WATER AND SEWER CONNECTIONS Connection of each lot to public water and sewer utilities shall be required if the proposed development is within five hundred (500) feet of the nearest adequate line of a public system, provided that no geographic or topographic factors would make such connection infeasible. Where public water and/or sewer is not available, lots shall meet applicable Harnett County Health Department regulations. The Final Plat shall show the appropriate certificate(s) of approval from the Environmental Health Division if such approval is required. 5.12.3 UNDERGROUND UTILITIES Electrical, telecommunication, cable television and other utility lines installed within and along streets abutting major subdivisions shall be underground unless the approving body determines underground installation is inappropriate. 5.12.4 EASEMENTS A. Widths. To provide for electric, telecommunication, television/internet, gas service conduits, greenways and water and sewer lines within a subdivision, Town of Lillington, NC Unified Development Ordinance V-16 adequately sized utility easements shall be a minimum of thirty (30) feet in width. The location of such easements shall be reviewed and approved by the approving body, with advice from utility providers, before final plat approval. The Administrator or utility provider may require wider easements and shall be determined on a case-by-case basis. B. Restrictions on Improvements. Utility easements shall be kept free and clear of any buildings or other improvements that would interfere with the proper maintenance or replacement of utilities. The Town shall not be liable for damages to any improvement located within the utility easement area caused by maintenance or replacement of utilities located therein. 5.12.5 STREET LIGHTS Street lights shall be required to be installed along all public streets within the Town’s corporate limits in accordance with the Town’s current policy. The Board of Commissioners of the town hereby establishes the following: A. The owner, developer or subdivider of a site plan or subdivision shall be required to install street lighting via underground distribution along all proposed streets and along all adjoining existing streets and thoroughfares in accordance with this section. The developer shall be responsible for all installation cost and any utility pole fees. B. Through the site plan and subdivision plan approval process, the Administrator may approve street lighting which exceeds the standard town requirements for residential streets so as to reduce the length of sag vertical curves provided the street lights are operational prior to the issuance of any certificates of occupancy on such street. In any case, the minimum allowable length of sag vertical curves shall be 15A for cul-de-sacs and loop roads and 20A for residential streets. C. All underground electrical distribution systems for street lighting within the corporate limits of the town and its extraterritorial planning jurisdiction shall be installed according to the following standards. 1. Underground service for light fixtures shall be installed by the developer in conformance with town standards at the developer’s expense. 2. The placement of street lighting fixtures in residential areas shall be at 400-foot intervals unless: a. The roadway length is less than 400 feet but more than 200 feet in which case a street light will be provided at the end of the street; b. Where the roadway length is less than 200 feet and a street light is placed at the intersection and no natural features create a problem, no street light will be placed at the end of the roadway; or c. The vertical and horizontal street alignment or natural features necessitate shorter spacing intervals. 3. The placement of street lighting along thoroughfares, marginal access streets and collector streets and in nonresidential areas shall be in Town of Lillington, NC Unified Development Ordinance V-17 accordance with the latest revision of the Illuminating Engineering Society’s American National Standards for Roadway Lighting. 4. A street light shall be provided at all street intersections. D. Street light fixtures shall conform to the following: 1. All fixtures in residential areas shall be either 7,000 or 9,500 lumen enclosed high pressure sodium lamps on standard poles 25 feet in height. The 7,000 lumen fixture shall be placed only at the “neck” of cul- de-sacs. 2. All fixtures along thoroughfares shall be 28,500 lumen enclosed high pressure sodium lamps on standard fiberglass poles 30 feet in height or 50,000 lumen enclosed high pressure sodium lamps on standard fiberglass poles 35 feet in height. The 28,500 lumen fixtures shall be placed in residential areas when spillover from the 50,000 lumen fixtures would be excessive. E. Authorization for street light installations shall occur at such time as: 1. A developer, through the Town, requests the installation of streetlights prior to the issuance of any certificates of occupancy. The developer shall incur a monthly electrical expense billed equal to the monthly electrical expense incurred by the town, for each street light installed. The developer will be billed for the period beginning with installation of the street light and ending with notification to the town, by the developer, of issuance of a certificate of occupancy in the immediate area of each street light location; 2. A certificate of occupancy is issued in the immediate area of the proposed street light location; or 3. An arterial/major street, marginal access street or collector street is constructed or widened as a part of development. Arterial/major streets, marginal access streets and collector streets that are constructed or widened by the town shall be lighted immediately after construction, dependent on the availability of funds. F. Street lighting facilities and street lights shall be installed by the developer on any roadway, portion of roadway or widening prior to the town’s acceptance of that roadway for routine maintenance unless otherwise approved by the Administrator. G. Residents along a street may request the relocation of a street light provided that the proposed street light location meets town standards and the relocation is approved by the Administrator. Residents living at the cul-de- sac end of a street may request the replacement of an existing 9,500 lumen semi-enclosed light fixture with a 7,000 lumen semi-enclosed light fixture. A petition, signed by all persons owning property fronting on the street within the boundaries of the next closest installed or proposed street lights, shall be required. Also, the relocation or replacement cost and all facilities abandonment costs must be paid in full in advance by the resident(s) requesting the relocation or replacement. Town of Lillington, NC Unified Development Ordinance V-18 H. A developer may request to use decorative or “private” street lighting within a development provided: 1. Street light fixture types and locations must meet the minimum criteria set forth in this policy and must be approved by the Administrator; 2. The developer and/or property owner’s association shall be responsible for all installation costs and monthly operating costs associated with the private streetlights; 3. The developer and/or property owner’s association shall be responsible for any costs associated with deletion of the private street lights and any costs associated with installing the town’s standard street lights prior to the expiration of the ten-year contract; and 4. The developer shall include all responsibilities of the homeowner’s association pertaining to the street lighting in the development covenants. The developer shall inform all purchasers of property in the development of these same responsibilities. 5.12.6 FIRE PROTECTION EQUIPMENT Fire protection equipment shall be installed at locations determined by the Lillington Fire Department or other fire service agency which will have primary response responsibility within the proposed development. Section 5.13 CLUSTER SUBDIVISION PROVISIONS 5.13.1 PURPOSE The purpose of this section is to provide greater flexibility in the design and creation of residential subdivisions while preserving significant amounts of open space and environmentally sensitive areas. This is achieved by allowing the clustering of residential lots, with reduced area, frontage and setback standards in relation to the underlying district, on areas of the proposed site which are best suited for development and leaving the remaining land as permanently protected open space. 5.13.2 MINIMUM AREA FOR A CLUSTER SUBDIVISION The minimum area for a cluster subdivision is twenty-five (25) acres. 5.13.3 MINIMUM OPEN SPACE DEDICATION The minimum amount of preserved open space that must be dedicated and permanently protected within a cluster subdivision is twenty (20%) of the gross acreage of the proposed subdivision. 5.13.4 MAXIMUM NUMBER OF LOTS & LOT SIZES A. The maximum number of lots shall not exceed that of the base zoning and/or the maximum density for properties located in the critical area of the Cape Fear Water Supply Watershed as outlined in Article 6, Section 6.03.6 of this ordinance. Town of Lillington, NC Unified Development Ordinance V-19 B. Minimum lot sizes are not applicable to single family cluster subdivision projects. 5.13.5 MINIMUM LOT FRONTAGE AND BUILDING SETBACKS The minimum lot frontage and building setback requirements of the underlying zoning district may be reduced by up to twenty-five (25%) within a cluster subdivision. In exchange for the dedication of additional land for open space preservation, the lot width and building setback requirements may be reduced by an additional one percent (1%) for each additional two percent (2%) of the gross acreage of the project that is dedicated for open space preservation. In no case shall the lot width or building setback requirements be reduced below forty percent (40%) of the requirements of the underlying zoning district. 5.13.6 OPEN SPACE STANDARDS See Article 4 – Design Standards for Cluster Subdivision Open Space Standards. 5.13.7 PHASED DEVELOPMENTS A cluster subdivision may be developed in phases provided that all required open space for the entire project be recorded and deeded to the designated receiving entity with to the development of the first phase. Section 5.14 TRANSPORTATION IMPACT ANALYSIS A Transportation Impact Analysis (TIA) is a specialized study that evaluates the effects of a development’s traffic on the surrounding transportation infrastructure. It is an essential part of the development review process to assist developers and government agencies in making land use decisions involving various development reviews. The TIA helps identify where the development may have a significant impact on safety, traffic and transportation operations, and provides a means for the developer and government agencies to mitigate these impacts. Ultimately, the TIA can be used to evaluate whether the scale of development is appropriate for a particular site and what improvements may be necessary, on and off the site, to provide safe and efficient access and traffic flow. A. Scoping Meeting: A mandatory scoping meeting is required prior to beginning the TIA to discuss the requirements and strategies for a TIA specific to the site and the proposed development. B. Memorandum of Understanding (MOU): An MOU, documenting the understood scope of the project, shall be prepared by the transportation consultant. The MOU shall be signed by the applicant and the Town, and agreed upon by the NCDOT District Engineer if access to a state road is involved, before the consultant can begin work on the TIA. 5.14.1 APPLICABILITY Town of Lillington, NC Unified Development Ordinance V-20 A. TIAs may be required as part of a conditional zoning or master plan approval as determined by the Administrator. B. The following table identified the level of analysis required, if any, for different types of development proposals: Level of Study Required by Development Type: Residential Office Hotel Industrial Commercial Center Other None Under 50 lots/units Under 50,000 sf Under 100 room Under 150 employees N/A Under 100 peak hour trips Standard TIA 50-500 lots/units 50,000 – 350,000 sf 100-500 rooms 150-1,000 employees Under 100,000 total sf 100-500 peak hour trips Enhanced TIA Over 500 lots/units Over 350,000 sf Over 500 rooms Over 1,000 employees Over 100,000 total sf Over 500 peak hour trips Because of the limited arterial roadway network in Lillington, all developments proposed along NC Highway 210, US Highway 421 and US Highway 401 are required, at minimum, to complete a standard TIA when expected gross trip generation of 500 total trips or more both entering and exiting the site in a 24-hour period, and/or 50 total trips both entering and exiting the site during either the AM or PM peak. 5.14.2 STANDARD TIA REQUIREMENTS A standard TIA includes the following elements: A. Abstract or Summary: Summarize description of proposed development, location, traffic generation, existing and future conditions (level of service), and recommended improvements. The report should not exceed 2 pages and preferably limited to one page. B. Description of Development: Describe acreage included in development, existing and proposed land use, existing and proposed zoning, proposed density (number of houses, square feet of development, etc.) C. Study Area: Generally, ¼ mile to ½ mile from each proposed site access along roads accessed by the site. This area may, in a few cases, be greater if the site is on a road with no intersections within that distance. D. Site Location: Include location map showing site in relation to major streets and at least one-mile radius from site. E. Traffic Generation: Indicate number of trips generated by site daily, AM peak hour, PM peak hour (AM peak hour may be omitted for retail uses which are not expected to generate significant traffic volumes during this period). Indicate internal or pass-by traffic generation if appropriate. For rezoning, indicate traffic generation under existing zoning as well as proposed zoning. Indicate source of trip generation rate, land use code, and units used to derive generation. Town of Lillington, NC Unified Development Ordinance V-21 F. Trip Distribution: Indicate percentage distribution of trips, by direction, within study area and method used to obtain. G. Access Location(s): Location of planned streets or driveways and access to existing streets. Indicate other streets or driveways within study area, including those across the street. Indicate coordination with NCDOT where appropriate. H. Existing Road and Traffic Conditions: Street laneage and classification, traffic control devices, existing daily traffic volumes within study area. Show traffic volumes and level of service of signalized intersections and proposed site access points within study area during AM and PM peak hour (PM only for retail). Include work sheets or computer printouts showing counted traffic volumes and level-of-service. Illustrate in figure(s) showing peak hour volumes, lanes, and level of service. For unsignalized intersections, show level-of-service for individual movements. Discuss transit service if applicable. Discuss accident history, if appropriate. I. Planned Improvements: Discuss and describe any planned road improvements in the study area which could affect future traffic. Note whether project is shown on any applicable transportation plan, or NCDOT TIP. J. Future Conditions: Same as for existing conditions, plus site traffic assigned to driveways or access points, for condition with full build-out of project, at build-out year. Include growth in background traffic due to other approved developments or to general growth in area. May show more than one phase, if project is to be phased. Discuss any conflict with other driveways or streets, queuing problems, potential safety problems. K. Pedestrian Facilities: Indicate location of existing and proposed sidewalks and crosswalks, internal pedestrian paths. L. Recommended Improvements: Indicate improvements required for access points and signalized intersections within study area to operate at acceptable level of service (D or better). These may include site access, internal site circulation, signalization, signal modification (retiming, additional phases), lane modifications or additions, or street widening. A signal warrant study is not required but may be included as supporting documentation where a traffic signal is requested. Note: showing recommended improvements does not necessarily indicate responsibility for improvement. Report may indicate which improvements are due to development and which are due to existing problems or other growth in traffic, and may suggest responsibility of developer or of other parties for improvements. Proposed improvements should be shown schematically on figure. M. Engineer’s Seal: All TIAs are to be prepared and sealed by an engineer registered in the State of North Carolina and specializing in traffic or transportation, with experience in preparing TIAs. 5.14.3 ENHANCED TIA REQUIREMENTS Town of Lillington, NC Unified Development Ordinance V-22 An enhanced TIA includes all of the elements of a standard TIA plus the following: A. Study Area: Generally, from 1 to 3 miles from each proposed site access along roads accessed by the site. The extent of the study area should be discussed with town staff prior to initiating the TIA. B. Internal Circulation: Review internal circulation patterns and note recommended changes. C. Trip Distribution: Use of a computer model for distribution may be desirable for major projects. D. Future Conditions: Projects in this category, other than perhaps shopping centers, are likely to be phased. It is desirable to show conditions at end of planning period (generally 20-year or horizon used in transportation plan). E. Recommended Improvements: For major projects, these may involve changes to the transportation plan. The project may include the construction of portions of streets within or adjacent to the site. 5.14.4 IMPROVEMENTS MAY BE REQUIRED Based on the findings of the analysis, if a proposed development does not meet the applicable service level standards, the applicant shall be required to upgrade the facilities in accordance with the adopted level of service program. Mitigation measures may involve strategies other than roadway construction or other physical improvements such as changes to traffic signal timing or phasing, and transportation management strategies. 5.14.5 PAYMENTS-IN-LIEU OF IMPROVEMENTS The town may, at its discretion, accept either mitigation measures to be completed by the developer or a fee paid to the town in lieu of mitigation. The fee shall be equal to the costs of the required mitigation measures, as determined by the Administrator. A combination of mitigation measures and payments-in-lieu of dedication may be permitted. Payments-in-lieu of dedication shall be approved as part of the Subdivision or Site Plan. Section 5.15 IMPROVEMENTS GUARANTEES & PERFORMANCE SECURITIES 5.15.1 IMPROVEMENT GUARANTEES A. Applicability: In lieu of construction of the permanent improvements required by this ordinance, the developer shall guarantee that such improvements will be carried out according to the Town of Lillington specifications at his/her expense. At minimum, improvements such as public utilities and initial surface of street right-of-way shall be installed and inspected by the Administrator for compliance. The remaining improvements shall be built or bonded prior to the recording of the final plat. B. Amount of Improvement Guarantees: Such guarantees shall be in an amount of not less than 125% of the estimated cost of the construction of the required improvements. The amount of guarantee shall be approved by the Town of Lillington, NC Unified Development Ordinance V-23 Administrator based on a Professional Engineers certified cost estimate and shall be provided in the manner outlined in Section 5.15.2. C. Release of Improvement Guarantees: The Administrator shall authorize the release of all or a portion of any guarantee posted as the improvements are completed. Such funds shall be released within 30 days after submittal of an improvements completion certification from a Professional Engineer and approval of applicable improvements by the Administrator. D. Warranty Against Defects 1. Upon completion of construction of new streets, stormwater controls or other required utilities, the developer shall request a warranty inspection. Once all the improvements are deemed acceptable by the Administrator and pass the warranty inspection, the developer shall submit the following to the Administrator: a. A set of acceptable as-built drawings; b. A written warranty against defects which shall guarantee the material and workmanship of required improvements for a period of not less than one year from the date of such acceptance; c. A financial guarantee payable to the town equal to at least 25% of the cost of the installation of such improvements as determined by the Administrator. Such financial guarantee shall be in a form as provided for in Section 5.15.2. 2. Upon approval of these materials and acceptance of the improvements by the town, a 1-year warranty period shall commence. During the 1-year warranty period, the developer shall repair any latent defects that occur. For the purposes of this section, the term “defects” refers to any condition in publicly dedicated facilities, utilities or streets that requires the town to make repairs to such improvements over and above the normal amount of maintenance that they would require. If such defects appear, the warranty may be enforced regardless of whether the facilities, utilities or streets were constructed in accordance with the requirements of this ordinance. At the end of the one-year warranty period, the developer shall request a final inspection. Upon successful completion of all warranty items, the developer shall be released from maintenance responsibilities for the warranted construction. 3. Warranty repairs shall be corrected in accordance with the recommendations of the Administrator. 4. If a developer fails to complete warranty items, future projects of the developer may not be reviewed by the Town. In addition, the town shall take appropriate legal action against the developer. 5.15.2 TYPES OF GUARANTEES/SECURITIES Improvements guarantees and performance securities shall be made in one or more of the following forms: A. The deposit of a certified check; Town of Lillington, NC Unified Development Ordinance V-24 B. A letter of credit duly executed by a local bank and payable to the Town; or C. A surety bond made by a surety company licensed to do business in North Carolina. 5.15.3 FORFEITURE AND DEFAULT A. Forfeiture Provisions: All improvement guarantees and performance securities shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance. B. Default by Developer: 1. Upon default, meaning failure on the part of the developer or surety to make timely completion of the required improvements, or to maintain privately owned improvements in accordance with an approved operations and maintenance agreement, the town may require the developer, the surety, or the financial institution holding the escrow account to pay all or any portion of the bond or escrow account fund to the town. 2. Upon payment, the town, at its discretion, may expend such portion of the funds as it deems necessary to complete all or any portion of the required improvements. 3. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. 5.15.4 ALL IMPROVEMENTS TO BE COMPLETED Upon recordation of seventy-five (75) percent of the total lots approved within a subdivision, the Developer shall be required to complete all remaining public improvements. Exceptions may be provided on a case-by-case bases as approved by the Administrator. 5.15.5 PROVISION OF SERVICES AND ACCEPTANCE BY TOWN The following shall not occur upon any land for which a Final Plat is required to be approved, unless and until the requirements set forth in this ordinance have been complied with and the Final Plat has been approved and recorded with the Harnett County Register of Deeds: A. No street shall be maintained or accepted by the Town, and B. No water or sewer shall be extended to or connected with any subdivision of land, and C. No permit shall be issued by the Town of Lillington for the construction of any building or other improvement requiring a permit. Town of Lillington, NC Unified Development Ordinance V-25 Section 5.16 OWNERSHIP & MAINTENANCE OF COMMON AREAS All developments containing land, amenities or other facilities under private common ownership shall provide for the ownership & maintenance of such areas. Multi-family developments that are subject to fee-simple lot/unit ownership shall convey all such common areas to a non-profit corporate property owner’s association with a membership of 100% of the lots/units in the development. The developer shall file with the Harnett County Register of Deeds a “dedication of covenants” and must meet the following criteria: A. The property owners’ association must be established before the units are sold; B. The property owners’ association is established as the responsible entity for the liability insurance, pertinent local taxes, and maintenance of all recreation and other facilities; C. Sums levied by the property owners’ association that remain unpaid shall become a lien on the delinquent property; D. For condominium development, documents must meet the requirements of NCGS 47A Unit Ownership; E. All easements over common areas for access, ingress, egress and parking shall be shown and recorded on a final plat with the Harnett County Register of Deeds. *See Article 4 – Design Standards for ownership & maintenance requirements specific to open space. TOWN OF LILLINGTON ORDINANCE FY2025-08 AN ORDINANCE TO AMEND THE LILLINGTON UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of the Town of Lillington may enact ordinances to protect the health, safety, and welfare of its citizens under the North Carolina General Statutes §160A-174; and BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that Lillington Unified Development Ordinance is amended as follows: ARTICLE V. SUBDIVISIONS AND INFRASTRUCTURE 5.10.7 BUFFERS AND ENVIRONMENTAL FEATURES A. When a development abuts an existing or proposed public right-of-way or private easement, at minimum a streetyard buffer as described in section 4.09 shall be required between the property lines of the development project and the right-of-way. Existing vegetation may be used as approved on a case-by-case basis by the Administrator. See the illustration below for a typical streetyard buffer. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com B. When developments abut any roadway with a functional class higher than a minor collector as defined by either the Town or NCDOT, increased buffer widths may be required by the administrator. C. Placement of streetyard buffers shall be located in a manner where there is no conflict with future road widening, right-of-way dedication, sidewalks, bike & pedestrian facilities, utility realignment/installation, as referenced in any established plan, or as identified by the administrator. Placement of streetyard buffers are required to be shown and notated during the site plan approval process as outlined in Article 7 – Administration and Development Processes. Plantings shall be located within easements to allow for the maximum area in between vegetation and edge of rights of way. D. Streetyard, land use and environmental buffer areas (such as stream buffers, drainageways, special flood hazard areas, wetlands, etc.) may be included within residential lots only when all of the following conditions are met: 1. The subdivision is limited in size and has no property owners’ association; and 2. The buffer is placed within a permanent conservation easement. E. Any required buffer yard, including those required as a zoning condition, for a residential development shall not be credited toward meeting the minimum lot size requirements. All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Adopted this 15th day of October, 2024 __________________________ Glenn McFadden, Mayor Attest: Lindsey B. Lucas, Town Clerk