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HomeMy WebLinkAboutJanuary 13, 2026 Regular MeetingAGENDA Lillington Board of Commissioners Regular Monthly Meeting Lillington Town Hall 102 East Front Street Lillington, North Carolina 27546 January 13, 2026 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 Meeting Minutes from December 8, 2025 Item #2 Approval of Closed Session Meeting Minutes from December 8, 2025 Item #3 Approval of Regular Session Minutes from December 9, 2025 Item #4 Approval of Release and Assignment of Claim between Town of Lillington and West Bend Insurance Regarding Falls of the Cape Bond PUBLIC HEARING Item #5 Public Hearing on the Question of Annexation of the Contiguous Area PIN #: 0559-64-5416.000. Case Number ANX-25-06 (Samuel Byrd)Lindsey B. Lucas, Town Clerk Town of Lillington | 2 Item #5A Consideration of Approval of An Ordinance to Extend the Corporate Limits of the Town of Lillington (Samuel Byrd) Lindsey B. Lucas, Town Clerk Item #6 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits (Samuel Byrd) Landon Chandler, Planning Director Item #6A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (Samuel Byrd) Landon Chandler, Planning Director Item #7 Public Hearing on Consideration of Text Amendment to Article IV of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #7A Consideration of Approval of the Text Amendment to Article IV of the Lillington Unified Development Ordinance Landon Chandler, Planning Director NEW BUSINESS 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: January 13, 2026 Staff Work By: Lindsey B. Lucas, Town Clerk Lisa B. Young, Deputy Town Manager Alicia Adams, Assistant Town Manager 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 Meeting Minutes from December 8, 2025 Item #2 Approval of Closed Session Meeting Minutes from December 8, 2025 Item #3 Approval of Regular Session Minutes from December 9, 2025 Item #4 Approval of Release and Assignment of Claim between Town of Lillington and West Bend Insurance Regarding Falls of the Cape Bond RECOMMENDED ACTION Approve consent agenda items as recommended by staff. AGENDA ITEMS #1-4 Lillington Board of Commissioners December 8, 2025 Work Session Meeting Minutes Work Session Meeting of the Town Board of the Town of Lillington, Monday, December 08, 2025 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 Marshall Page Commissioner Patricia Moss Commissioner Rupert Langdon Commissioner Danny Babb Staff Present: Lisa Young, Deputy Town Manager Alicia Adams, Assistant Town Manager Shane Cummings, Assistant Town Manager Lindsey Lucas, Town Clerk Landon Chandler, Planning Director Brian Hyde, Senior Infrastructure Inspector Andrew Milton, Fire Chief Trent Adams, Development Plans Reviewer Ashley Wimberly, Public Works Director Skylar Russel, Assistant Public Works Director Joshua Perry, Building Inspector Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. Item #1 Public Hearing on the Question of Annexation of the contiguous Satellite Area PIN #: 0660- 03-9253.000, 0660-02-4375.000, 0660-21-8598.000, 0660-42-7059.000, & 0660-61-9572.000 Case Number ANX-25-05 (Capeton) Mayor Glenn McFadden opened the Public Hearing at 8:30 a.m. Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated the Town of Lillington received a petition under §160A-31 for satellite annexation. The Town Board by Resolution directed the Town Clerk to investigate the sufficiency of the petition. In accordance with §160A-58.2 the Town Board called a Public Hearing for the question of annexation for 552.937 -acres being PIN #’s: 0660-03- 9253.000, 0660-02-4375.000, 0660-21-8598.000, 0660-42-7059.000, & 0660-61-9572.000 With no additional comments, Mayor McFadden closed the Public Hearing at 8:31 a.m. Item #1A Consideration of Approval of An Ordinance to Extend the Corporate Limits of the Town of Lillington Commissioner Page made a motion to approve an Ordinance to Extend Corporate Limits of the Town of Lillington. Commissioner Moss seconded the motion that passed unanimously. Lillington Board of Commissioners December 8, 2025 Work Session Meeting Minutes NEW BUSINESS Item #2 Discussion and Consideration of Resolution Adopting Town of Lillington Regional Hazard Mitigation Plan Mayor Glenn McFadden recognized Alicia Adams, Assistant Town Manager. Ms. Adams stated this Resolution was just reapproving a plan we just met and did a review of. Commissioner McPhail made a motion to approve a Resolution Adopting Town of Lillington Regional Hazard Mitigation Plan. Commissioner Langdon seconded the motion that passed unanimously. Item #3 Administrative Reports Monthly Financial Report – Mayor McFadden recognized Lisa Young, Deputy 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 November. Capital Projects Update – Mayor McFadden recognized Alicia Adams, Assistant Town Manager. Ms. Adams went over the Capital Projects with the Board. Item #4 Discussion of Regular Meeting Agenda for December 9, 2025 Mayor McFadden reviewed the Agenda for the December 9, 2025, Regular Meeting. Item #5 Closed Session to Meet per §143-318.11(a)(6) Commissioner Langdon 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 Langdon seconded the motion that passed unanimously. After exiting closed session Commissioner Page made a motion to approve a 2-year part-time contract for Joseph Jeffries contingent upon final review from Town Attorney, Tony Buzzard. Commissioner Babb seconded the motion that was approved unanimously. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Page and a second by Commissioner Langdon. Attest: ____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners December 09, 2025 Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, December 09, 2025 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 Patricia Moss Commissioner Rupert Langdon Commissioner Danny Babb Staff Present: Lisa Young, Deputy Town Manager Alicia Adams, Assistant Town Manager Shane Cummings, Assistant Town Manager Lindsey Lucas, Town Clerk Landon Chandler, Planning Director Joshua Perry, Building Inspector Brian Hyde, Senior Infrastructure Inspector William Baker, Parks & Recreation Director Frank Powers, Police Chief Andrew Milton, Fire Chief 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 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). Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as submitted to the Board. The motion was seconded by Commissioner McPhail and the following consent agenda items were approved unanimously. Item #1 Special Meeting Minutes from November 14, 2025 Item #2 Closed Session Minutes from November 14, 2025 Item #3 Work Session Meeting Minutes from November 17, 2025 Lillington Board of Commissioners December 09, 2025 Item #4 Closed Session Minutes from November 17, 2025 Item #5 Regular Meeting Minutes from November 18, 2025 Item #6 Resolution to Adopt the 2026 Meeting Schedule of the Lillington Board of Commissioners Item #7 Meyers Engineering, PLLC for Master Agreement for Professional Services - On-Call Engineering and Town of Lillington Capital Improvement Program Item #8 Alyson Construction Tennis Court Renovation Proposal for Town of Lillington SPECIAL PRESENTATION Item #9 Resolution Honoring Town Manager Joseph Jeffries Mayor Glenn McFadden called Joseph Jeffries to the podium where he then read a Resolution honoring retiring Town Manager, Joseph Jeffries. The Mayor and Board spoke words of appreciation to Mr. Jeffries and wished him well with his retirement. ITEM #10 SWEARING IN CEREMONY Mayor McFadden recognized Superior Court Judge Winston Gilchrist and former Town Attorney for the swearing in of the Lillington Board members which were elected in November, 2025. Oaths of Office Administered by Superior Court Judge Winston Gilchrist: Glenn McFadden – Judge Gilchrist swore in Mr. Glenn McFadden as Lillington Town Mayor. (Minute Book Notation: Oath of Office is on file at the Lillington Town Hall). Patricia Moss – Judge Gilchrist swore in Ms. Patricia Moss as a Lillington Town Commissioner. (Minute Book Notation: Oath of Office is on file at the Lillington Town Hall). Rupert Langdon – Judge Gilchrist swore in Mr. Rupert Langdon as a Lillington Town Commissioner. (Minute Book Notation: Oath of Office is on file at the Lillington Town Hall). NEW BUSINESS ITEM #11 SEATING OF THE NEW TOWN BOARD: Mayor McFadden sat the New Town Board. Board Members Present: Mayor Glenn McFadden Commissioner Neil McPhail Commissioner Rupert Langdon Commissioner Marshall A. Page Jr. Commissioner Danny Babb Commissioner Patricia Moss Lillington Board of Commissioners December 09, 2025 ITEM #12 APPOINTMENT OF THE MAYOR PRO TEMPORE Mayor McFadden appointed Commissioner Patricia Moss as Mayor Pro Tempore. ITEM #13 TOWN ATTORNEY APPOINTMENT: Mayor McFadden reported that Mr. Tony Buzzard has expressed interest in retaining the position of Lillington Town Attorney and entertained a motion regarding the appointment of an attorney. Commissioner Langdon made a motion to reappoint Mr. Tony Buzzard as Town Attorney. The motion was seconded by Commissioner Babb and approved unanimously. 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. All Commissioners wished everyone a Merry Christmas. 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 RELEASE AND ASSIGNMENT OF CLAIM This Release and Assignment of Claim (“Release”) is made and entered into as of the ___ day of _______, 2025, by and between the Town of Lillington (“Obligee”) and West Bend Insurance Company (“Surety”). RECITALS WHEREAS, on March 11, 2024, in connection with Falls of the Cape subdivision, Obligee entered into a Performance Guarantee Agreement for Improvements (“PGAI”) with Stafford Land Company (“Developer”) calling for Developer to install sidewalks and install trees (collectively, the “Improvements”). The PGAI further calls for these obligations to be guaranteed by a surety performance bond. WHEREAS, in connection with Developer’s obligation to install sidewalks, Surety executed and delivered to Obligee, at the request of Developer, Bond No. 2296617 in the penal sum of $96,055.00, identifying Stafford Land Company, Inc. as the bond principal and the Town of Lillington as the bond obligee; WHEREAS, in connection with Developer’s obligation to install trees, Surety executed and delivered to Obligee, at the request of Developer, Bond No. 2296616 in the penal sum of $36,250.00, identifying Stafford Land Company, Inc. as the bond principal and the Town of Lillington as the bond obligee. (Collectively, Bond No. 2296617 and Bond No. 2296616 shall hereinafter be referred to as the “Bonds”); WHEREAS, the amounts of the respective bonds were based on the Town’s Engineer’s cost estimates for the work, plus a premium of 25%, shown as follows: Scope Cost Estimate Bond Amount Sidewalk (including prep) $ 76,844.00 $ 96,055.00 Trees $ 29,000.00 $ 36,250.00 TOTAL $105,844.00 $132,305.00 Town of Lillington Release & Assignment of Claim Page | 2 WHEREAS, on or about _________, Developer advised Obligee that it did not intend to complete the Improvements; WHEREAS, via correspondence dated March 3, 2025, Obligee contacted Surety and asserted claims under the Bonds. WHEREAS, Surety has agreed to fulfill its obligations under the Bonds pursuant to the following terms: 1. Payment. Within 14 days of the execution of this Agreement, Surety will pay to Obligee the total sum of $105,844.00 for a full and final settlement of all claims in connection with the Improvements and the Bonds. 2. Release by Obligee. Obligee, including for each of its individual members, officers, divisions, bureaus, agents and agencies, insurers, assigns, predecessors and successors in interest, in consideration of the acts and promises described herein, and for other good and valuable consideration, does hereby fully, finally and forever release, acquit and discharge Surety, including all of its past and present agents, assigns, servants, shareholders, members, managers, employees, officers, directors, owners, consultants, attorneys, insurers, sureties, parent companies, affiliated companies, subsidiaries, predecessors and successors, of and from any and all claims, demands, causes of action, damages, punitive damages, direct or indirect costs, expenses, attorneys’ fees, interest, and any liabilities in law or in equity, of any nature whatsoever, in any way relating to or arising out of or from the PGAI, the Improvements and/or the Bonds. 3. Assignment of Claim. To the extent of Surety’s payment only, Obligee hereby assigns, transfers, and conveys to Surety, without recourse, all claims, liabilities, demands, liens, rights to claim liens, rights, claims in bankruptcy, rights to trust funds, equities and/or causes of Town of Lillington Release & Assignment of Claim Page | 3 action of any kind whatsoever which Obligee has, had or may be entitled to assert against Developer, Obligee, or the Project, whether known or unknown, liquidated, contingent, arising in tort, contract, or at law, in connection with the PGAI, the Improvements and/or the Bonds. 4. No Admissions. Nothing contained in this Release shall be deemed as an admission by any Party of any fault or obligation, or to enlarge Surety’s obligations under the Bonds. 5. No Waiver of Developer’s Indemnity Obligations. Nothing in this Agreement is, nor shall anything in this Agreement be construed to be, a waiver or release of any of Surety’s rights against the signatories (“Indemnitors”) to the General Indemnity Agreement dated March 1, 2024 (“GIA”). The Surety continues to preserve all rights, claims and defenses it has or may have as it relates to each and every Indemnitor, the GIA, and any other written agreement between the Surety and Indemnitors. 6. No Third-Party Rights. This Agreement is solely for the benefit of the Parties and shall not create any rights, including any third-party beneficiary rights, in or to any person or entity that is not a party hereto. Nor does this Agreement increase the rights of third persons, or increase the obligations of the Parties to any third person or entity, or increase the liability or obligations of Surety to Obligee. Developer and the other Indemnitors are not third-party beneficiaries of this Agreement. This Agreement shall not create or grant any third-party beneficiary. Town of Lillington Release & Assignment of Claim Page | 4 IN WITNESS WHEREOF, the Parties have subscribed their names as evidence and consent to their agreement with these terms: TOWN OF LILLINGTON By: Its: Date:________________________________ STATE OF _____________ § § ACKNOWLEDGMENT COUNTY OF ____________ § Before me, the undersigned authority, on this day personally appeared ______________________________ the of __________________ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated. Given under my hand and seal of office, this day of _________, 20__. ___________________________________________ Notary Public in and for the STATE OF My commission Expires: ________________________ Typed or Printed Name:________________________ AGENDA ITEM SUMMARY Date of Meeting: January 13, 2026 Staff Work By: Lindsey B. Lucas, Town Clerk TYPE OF PUBLIC HEARING Legislative AGENDA ITEM Consideration of Ordinance Extending the Corporate Limits of the Town of Lillington. ITEM SUMMARY The Town of Lillington received a petition under §160A-31 for annexation. The Town Board by Resolution directed the Town Clerk to investigate the sufficiency of the petition. In accordance with §160A-58.2 the Town Board called a Public Hearing on January 13, 2026 for the question of annexation for 224.66-acres being PIN #: 0559-64-5416.000 Case Number ANX-25-06. § 160A-58.2. Public hearing. Upon receipt of a petition for annexation under this Part, the city council shall cause the city clerk to investigate the petition, and to certify the results of his investigation. If the clerk certifies that upon investigation the petition appears to be valid, the council shall fix a date for a public hearing on the annexation. Notice of the hearing shall be published once at least 10 days before the date of hearing. At the hearing, any person residing in or owning property in the area proposed for annexation and any resident of the annexing city may appear and be heard on the questions of the sufficiency of the petition and the desirability of the annexation. If the council then finds and determines that (i) the area described in the petition meets all of the standards set out in G.S. 160A-58.1(b), (ii) the petition bears the signatures of all of the owners of real property within the area proposed for annexation (except those not required to sign by G.S. 160A-58.1(a)), (iii) the petition is otherwise valid, and (iv) the public health, safety and welfare of the inhabitants of the city and of the area proposed for annexation will be best served by the annexation, the council may adopt an ordinance annexing the area described in the petition. The ordinance may be made effective immediately or on any specified date within six months from the date of passage. RECOMMENDED ACTION APPROVE the Ordinance to Extend the Corporate Limits of the Town of Lillington, North Carolina. AGENDA ITEM #5-5A L E G A L D E S C R I P T I O N Samuel M. Byrd Tract Beginning at an existing mag nail in the intersection of Lincoln McKay Drive and Southern Railroad, said point having NC Grid Coordinate values of N – 592,794.83, E – 2,057,878.48; THENCE South 89 degrees 28 minutes 29 seconds West for a distance of 927.12 feet to a point; THENCE North 00 degrees 00 minutes 20 seconds West for a distance of 85.08 feet to a point; THENCE North 89 degrees 13 minutes 52 seconds West for a distance of 362.78 feet to a point; THENCE South 72 degrees 23 minutes 53 seconds West for a distance of 694.25 feet to a point in the centerline of S. Main Street (US 401 S); THENCE with the centerline of of S. Main Street the following courses and distances: North 10 degrees 50 minutes 07 seconds West for a distance of 206.93 feet to a point; THENCE North 10 degrees 40 minutes 37 seconds West for a distance of 692.35 feet to a point; THENCE North 12 degrees 27 minutes 52 seconds West for a distance of 200.86 feet to a point; THENCE North 16 degrees 14 minutes 37 seconds West for a distance of 200.68 feet to a point; THENCE North 17 degrees 00 minutes 32 seconds West for a distance of 162.18 feet to a point; THENCE North 17 degrees 14 minutes 57 seconds West for a distance of 174.95 feet to a point; THENCE North 16 degrees 45 minutes 07 seconds West for a distance of 82.69 feet to a point; THENCE North 16 degrees 56 minutes 38 seconds West for a distance of 84.86 feet to a point; THENCE North 17 degrees 06 minutes 40 seconds West for a distance of 83.06 feet to a point; THENCE North 17 degrees 49 minutes 15 seconds West for a distance of 82.62 feet to a point; THENCE North 19 degrees 45 minutes 08 seconds West for a distance of 80.67 feet to a point; THENCE North 22 degrees 53 minutes 10 seconds West for a distance of 82.11 feet to a point; THENCE along a curve to the left having a radius of 1362.21 feet and an arc length of 327.76 feet, being subtended by a chord of North 31 degrees 35 minutes 15 seconds West for a distance of 326.97 feet to a point; THENCE North 39 degrees 32 minutes 14 seconds West for a distance of 368.43 feet to a point; THENCE North 39 degrees 43 minutes 19 seconds West for a distance of 406.64 feet to a point; THENCE North 39 degrees 45 minutes 58 seconds West for a distance of 300.79 feet to a point; THENCE leaving the centerline of S. Main Street North 54 degrees 08 minutes 34 seconds East for a distance of 280.80 feet to a point; THENCE North 31 degrees 35 minutes 06 seconds West for a distance of 562.64 feet to a point ; THENCE North 28 degrees 49 minutes 44 seconds East for a distance of 340.51 feet to a point; THENCE South 70 degrees 14 minutes 39 seconds East for a distance of 272.88 feet to a point; THENCE South 72 degrees 26 minutes 39 seconds East for a distance of 357.80 feet to a point; THENCE South 71 degrees 06 minutes 07 seconds East for a distance of 188.23 feet to a point; THENCE South 72 degrees 32 minutes 30 seconds East for a distance of 69.33 feet to a point; THENCE South 74 degrees 44 minutes 24 seconds East for a distance of 70.00 feet to a point; THENCE South 72 degrees 55 minutes 45 seconds East for a distance of 191.10 feet to a point; THENCE South 72 degrees 28 minutes 25 seconds East for a distance of 664.31 feet to a point in the centerline of Southern Railroad; THENCE with the centerline of Southern Railroad North 23 degrees 46 minutes 26 seconds West for a distance of 397.86 feet to a point; THENCE leaving said centerline South 87 degrees 44 minutes 21 seconds East for a distance of 349.30 feet to a point; THENCE South 16 degrees 17 minutes 52 seconds East for a distance of 268.94 feet to a point; THENCE South 45 degrees 56 minutes 19 seconds East for a distance of 842.40 feet to a point; THENCE South 40 degrees 32 minutes 29 seconds East for a distance of 740.06 feet to a point; THENCE South 75 degrees 55 minutes 41 seconds East for a distance of 645.61 feet to a point; THENCE South 09 degrees 27 minutes 12 seconds West for a distance of 33.33 feet to a point; THENCE North 78 degrees 52 minutes 12 seconds East for a distance of 360.00 feet to a point; THENCE South 44 degrees 07 minutes 48 seconds East for a distance of 318.00 feet to a point; THENCE South 73 degrees 37 minutes 48 seconds East for a distance of 345.00 feet to a point; THENCE South 50 degrees 20 minutes 34 seconds East for a distance of 411.00 feet to a point; THENCE South 31 degrees 39 minutes 26 seconds West for a distance of 485.00 feet to a point; THENCE South 79 degrees 52 minutes 48 seconds East for a distance of 54.79 feet to a point; THENCE South 01 degrees 09 minutes 46 seconds West for a distance of 413.98 feet to a point; THENCE North 88 degrees 09 minutes 40 seconds West for a distance of 1866.10 feet to a point in the centerline of Southern Railroad; THENCE with the centerline of Southern Railroad South 23 degrees 46 minutes 26 seconds East for a distance of 969.91 feet to the point and place of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 238.84 acres more or less. 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.com ORDINANCE FY2026-13 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF LILLINGTON, NORTH CAROLINA WHEREAS, the Town of Lillington Governing Board has received a petition under G.S. 160A-31 for contiguous annexation of the area described below; and WHEREAS, the Governing Board directed the Town Clerk to investigate the sufficiency of said petition; and WHEREAS, by authority granted by G.S. 160A-58.2, a public hearing on the question of this annexation was held at the Lillington Town Hall at 6:00, P.M. on the 13th day of January, 2026, after due notice by publication on the 2nd of January, 2026; and WHEREAS, the Governing Board does hereby find as a fact that the petition meets the requirements of G.S. 160A-31, as amended BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that: Section 1. By virtue of the authority granted by G.S. 160A-58.2, the following described contiguous territory is hereby annexed and made part of the Town of Lillington, as of January 2, 2026. The area proposed for annexation are described as follows: Beginning at an existing mag nail in the intersection of Lincoln McKay Drive and Southern Railroad, said point having NC Grid Coordinate values of N – 592,794.83, E – 2,057,878.48; THENCE South 89 degrees 28 minutes 29 seconds West for a distance of 927.12 feet to a point; THENCE North 00 degrees 00 minutes 20 seconds West for a distance of 85.08 feet to a point; THENCE North 89 degrees 13 minutes 52 seconds West for a distance of 362.78 feet to a point; THENCE South 72 degrees 23 minutes 53 seconds West for a distance of 694.25 feet to a point in the centerline of S. Main Street (US 401 S);THENCE with the centerline of of S. Main Street the following courses and distances: North 10 degrees 50 minutes 07 seconds West for a distance of 206.93 feet to a point; THENCE North 10 degrees 40 minutes 37 seconds West for a distance of 692.35 feet to a point; THENCE North 12 degrees 27 minutes 52 seconds West for a distance of 200.86 feet to a point; THENCE North 16 degrees 14 minutes 37 seconds West for a Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com distance of 200.68 feet to a point; THENCE North 17 degrees 00 minutes 32 seconds West for a distance of 162.18 feet to a point; THENCE North 17 degrees 14 minutes 57 seconds West for a distance of 174.95 feet to a point; THENCE North 16 degrees 45 minutes 07 seconds West for a distance of 82.69 feet to a point; THENCE North 16 degrees 56 minutes 38 seconds West for a distance of 84.86 feet to a point; THENCE North 17 degrees 06 minutes 40 seconds West for a distance of 83.06 feet to a point; THENCE North 17 degrees 49 minutes 15 seconds West for a distance of 82.62 feet to a point; THENCE North 19 degrees 45 minutes 08 seconds West for a distance of 80.67 feet to a point; THENCE North 22 degrees 53 minutes 10 seconds West for a distance of 82.11 feet to a point; THENCE along a curve to the left having a radius of 1362.21 feet and an arc length of 327.76 feet, being subtended by a chord of North 31 degrees 35 minutes 15 seconds West for a distance of 326.97 feet to a point; THENCE North 39 degrees 32 minutes 14 seconds West for a distance of 368.43 feet to a point; THENCE North 39 degrees 43 minutes 19 seconds West for a distance of 406.64 feet to a point; THENCE North 39 degrees 45 minutes 58 seconds West for a distance of 300.79 feet to a point; THENCE leaving the centerline of S. Main Street North 54 degrees 08 minutes 34 seconds East for a distance of 280.80 feet to a point; THENCE North 31 degrees 35 minutes 06 seconds West for a distance of 562.64 feet to a point ; THENCE North 28 degrees 49 minutes 44 seconds East for a distance of 340.51 feet to a point; THENCE South 70 degrees 14 minutes 39 seconds East for a distance of 272.88 feet to a point; THENCE South 72 degrees 26 minutes 39 seconds East for a distance of 357.80 feet to a point; THENCE South 71 degrees 06 minutes 07 seconds East for a distance of 188.23 feet to a point; THENCE South 72 degrees 32 minutes 30 seconds East for a distance of 69.33 feet to a point; THENCE South 74 degrees 44 minutes 24 seconds East for a distance of 70.00 feet to a point; THENCE South 72 degrees 55 minutes 45 seconds East for a distance of 191.10 feet to a point; THENCE South 72 degrees 28 minutes 25 seconds East for a distance of 664.31 feet to a point in the centerline of Southern Railroad; THENCE with the centerline of Southern Railroad North 23 degrees 46 minutes 26 seconds West for a distance of 397.86 feet to a point; THENCE leaving said centerline South 87 degrees 44 minutes 21 seconds East for a distance of 349.30 feet to a point; THENCE South 16 degrees 17 minutes 52 seconds East for a distance of 268.94 feet to a point; THENCE South 45 degrees 56 minutes 19 seconds East for a distance of 842.40 feet to a point; THENCE South 40 degrees 32 minutes 29 seconds East for a distance of 740.06 feet to a point; THENCE South 75 degrees 55 minutes 41 seconds East for a distance of 645.61 feet to a point; THENCE South 09 degrees 27 minutes 12 seconds West for a distance of 33.33 feet to a point; THENCE North 78 degrees 52 minutes 12 seconds East for a distance of 360.00 feet to a point; THENCE South 44 degrees 07 minutes 48 seconds East for a distance of 318.00 feet to a point; THENCE South 73 degrees 37 minutes 48 seconds East for a distance of 345.00 feet to a point; THENCE South 50 degrees 20 minutes 34 seconds East for a distance of 411.00 feet to a point; THENCE South 31 degrees 39 minutes 26 seconds West for a distance of 485.00 feet to a point; THENCE South 79 degrees 52 minutes 48 seconds East for a distance of 54.79 feet to a point; THENCE South 01 degrees 09 minutes 46 seconds West for a distance of 413.98 feet to a point; THENCE North 88 degrees 09 minutes 40 seconds West for a distance of 1866.10 feet to a point in the centerline of Southern Railroad; THENCE with the centerline of Southern Railroad South 23 degrees Town of Lillington | 3 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 46 minutes 26 seconds East for a distance of 969.91 feet to the point and place of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 238.84 acres more or less. Annexation Map Recorded in Map Book _______ - _______ Section 2. Upon and after January 13, 2026, the above-described territory and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in the Town of Lillington and shall be entitled to the same privileges and benefits as other parts of the Town of Lillington. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the Town of Lillington shall cause to be recorded in the office of the Register of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Harnett County Board of Elections, as required by G.S. 163-288.1. Adopted this 13th day of January, 2026 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk APPROVED AS TO FORM: Tony Buzzard, Town Attorney AGENDA ITEM SUMMARY Date of Meeting: January 13, 2026 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits (Samuel Byrd) ITEM SUMMARY Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits RECOMMENDED ACTION Approve Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits. Suggested Statement of Consistency As stated in the evaluation, the requested zoning assignment to Heavy Industrial (HI) is compatible with Town of Lillington regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the Town’s Land Use Plan designation for this area. Therefore, the ordinance for the zoning assignment request be Approved. The requested zoning assignment to Heavy Industrial (HI) is not compatible with Town of Lillington regulatory documents and would not only have an unreasonable impact on the surrounding community, but would also fail to enhance the public health, safety, and general welfare as stated in the evaluation. Therefore, the ordinance for the zoning assignment request be Denied. AGENDA ITEM #6-6A ZONING ASSIGNMENT STAFF REPORT CASE NUMBER: RZ-25-08 Landon Chandler, Planning Director Ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org Planning Board: November 24, 2025 Town Commissioners: January 13, 2026 To Rezone a portion of a parcel totaling approximately 224.66 acres located as pictured below. The applicant is proposing changing the existing zoning classification of Residential Single-Family 20 (RS20) and Heavy Industrial (HI) to all Heavy Industrial (HI). This is a conventional zoning request. Applicant Information Owner of Record: Applicant: Name: Samuel M. Byrd Name: Town of Lillington Address: PO Box 716 Address: 102 E. Front St. City/State/Zip: Lillington, NC 27546 City/State/Zip: Lillington, NC 27546 Property Description PIN(s): 0559-64-5416.000 Acreage: 224.66 Address/SR No.: 1425 US 401 S. Vicinity Map Physical Characteristics and Existing Land Uses: Site Description: The Site is currently used for agricultural production. The applicant’s intent is to rezone the property to a classification that better suits future uses. This site has been identified by the Duke Progress “Site Readiness Program” for industrial and commercial uses. The portion of property to be rezoned currently lies within the Town’s ETJ and is undergoing annexation processes. Current Zoning: Heavy Industrial & Residential Single-Family (HI & RS20) Future Town Land Use Classification: • In addition to Industrial Land Use, there are several other classifications ranging from Agricultural & Linear Parks to Commercial, Major Institutional, Residential, & Main Street Mixed Use. Services Available Water: Sewer: Other:  Public (Town Of Lillington) ☒ Public (Town of Lillington) ☐ Public (Harnett County) ☐ Private (Septic) ☐ Private (Well) ☐ Other (Unverified) ☐ Other: (Unverified) Other: N/A Staff Evaluation: Recommended Approval The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the Zoning Assignment outweigh any potential inconvenience or harm to the community: REASONING: The requested zoning assignment to Heavy Industrial (HI) Does not have a negative impact on the community as the uses described in this district are similar or the same in nature to existing uses within proximity to the project area. The requested zoning assignment is compatible with the existing Land Use Classification: REASONING: The requested zoning district is in line with the existing land use classification of Industrial. The current land use classification speaks explicitly to this area and is well suited for rezoning. It is staff’s opinion that the requested zoning class Is Compatible with the Town’s current Land Use Plan. The proposal does enhance or maintain the public health, safety and general welfare: REASONING: With the current uses on-site, and pursuant to all established Town regulations and plans, the requested rezoning to Heavy Industrial (HI) Would Maintain or Enhance the public health, safety, and general welfare. 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.com ORDINANCE FY2026-14 AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE PROPERTY OWNED BY SAMUEL M. BYRD 224.66 ACRES PIN#: 0559-64-5416.000 RESIDENTIAL SINGLE-FAMILY 20 (RS20) AND HEAVY INDUSTRIAL (HI) TO HEAVY INDUSTRIAL (HI) WHEREAS, a petition has been received from Samuel M. Byrd to rezone 224.66 -acres from Residential Single-Family 20 (RS20) and Heavy Industrial (HI) to Heavy Industrial (HI). WHEREAS, the required newspaper notices have been given, adjacent property owners notified, the recommendation from the Lillington Planning Board received, and a public hearing held at a Regular meeting on January 13, 2026, with members of the public soliciting input on the matter. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Lillington that: Section 1. The Zoning Ordinance of the Town of Lillington is amended to change the following area from Residential Single-Family 20 (RS20) and Heavy Industrial (HI) to Heavy Industrial (HI) and to amend the Lillington Zoning Map to show the area change: Beginning at an existing mag nail in the intersection of Lincoln McKay Drive and Southern Railroad, said point having NC Grid Coordinate values of N – 592,794.83, E – 2,057,878.48; THENCE South 89 degrees 28 minutes 29 seconds West for a distance of 927.12 feet to a point; THENCE North 00 degrees 00 minutes 20 seconds West for a distance of 85.08 feet to a point; THENCE North 89 degrees 13 minutes 52 seconds West for a distance of 362.78 feet to a point; THENCE South 72 degrees 23 minutes 53 seconds West for a distance of 694.25 feet to a point in the centerline of S. Main Street (US 401 S);THENCE with the centerline of of S. Main Street the following courses and distances: North 10 degrees 50 minutes 07 seconds West for a distance of 206.93 feet to a point; THENCE North 10 degrees 40 minutes 37 seconds West for a distance of 692.35 feet to a point; THENCE North 12 degrees 27 minutes 52 seconds West for a distance of 200.86 feet to a point; THENCE North 16 degrees 14 minutes 37 seconds West for a distance of 200.68 feet to a point; THENCE North 17 degrees 00 minutes 32 seconds West for a distance of 162.18 feet to a point; THENCE North 17 degrees 14 minutes 57 seconds West for a distance of Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 174.95 feet to a point; THENCE North 16 degrees 45 minutes 07 seconds West for a distance of 82.69 feet to a point; THENCE North 16 degrees 56 minutes 38 seconds West for a distance of 84.86 feet to a point; THENCE North 17 degrees 06 minutes 40 seconds West for a distance of 83.06 feet to a point; THENCE North 17 degrees 49 minutes 15 seconds West for a distance of 82.62 feet to a point; THENCE North 19 degrees 45 minutes 08 seconds West for a distance of 80.67 feet to a point; THENCE North 22 degrees 53 minutes 10 seconds West for a distance of 82.11 feet to a point; THENCE along a curve to the left having a radius of 1362.21 feet and an arc length of 327.76 feet, being subtended by a chord of North 31 degrees 35 minutes 15 seconds West for a distance of 326.97 feet to a point; THENCE North 39 degrees 32 minutes 14 seconds West for a distance of 368.43 feet to a point; THENCE North 39 degrees 43 minutes 19 seconds West for a distance of 406.64 feet to a point; THENCE North 39 degrees 45 minutes 58 seconds West for a distance of 300.79 feet to a point; THENCE leaving the centerline of S. Main Street North 54 degrees 08 minutes 34 seconds East for a distance of 280.80 feet to a point; THENCE North 31 degrees 35 minutes 06 seconds West for a distance of 562.64 feet to a point ; THENCE North 28 degrees 49 minutes 44 seconds East for a distance of 340.51 feet to a point; THENCE South 70 degrees 14 minutes 39 seconds East for a distance of 272.88 feet to a point; THENCE South 72 degrees 26 minutes 39 seconds East for a distance of 357.80 feet to a point; THENCE South 71 degrees 06 minutes 07 seconds East for a distance of 188.23 feet to a point; THENCE South 72 degrees 32 minutes 30 seconds East for a distance of 69.33 feet to a point; THENCE South 74 degrees 44 minutes 24 seconds East for a distance of 70.00 feet to a point; THENCE South 72 degrees 55 minutes 45 seconds East for a distance of 191.10 feet to a point; THENCE South 72 degrees 28 minutes 25 seconds East for a distance of 664.31 feet to a point in the centerline of Southern Railroad; THENCE with the centerline of Southern Railroad North 23 degrees 46 minutes 26 seconds West for a distance of 397.86 feet to a point; THENCE leaving said centerline South 87 degrees 44 minutes 21 seconds East for a distance of 349.30 feet to a point; THENCE South 16 degrees 17 minutes 52 seconds East for a distance of 268.94 feet to a point; THENCE South 45 degrees 56 minutes 19 seconds East for a distance of 842.40 feet to a point; THENCE South 40 degrees 32 minutes 29 seconds East for a distance of 740.06 feet to a point; THENCE South 75 degrees 55 minutes 41 seconds East for a distance of 645.61 feet to a point; THENCE South 09 degrees 27 minutes 12 seconds West for a distance of 33.33 feet to a point; THENCE North 78 degrees 52 minutes 12 seconds East for a distance of 360.00 feet to a point; THENCE South 44 degrees 07 minutes 48 seconds East for a distance of 318.00 feet to a point; THENCE South 73 degrees 37 minutes 48 seconds East for a distance of 345.00 feet to a point; THENCE South 50 degrees 20 minutes 34 seconds East for a distance of 411.00 feet to a point; THENCE South 31 degrees 39 minutes 26 seconds West for a distance of 485.00 feet to a point; THENCE South 79 degrees 52 minutes 48 seconds East for a distance of 54.79 feet to a point; THENCE South 01 degrees 09 minutes 46 seconds West for a distance of 413.98 feet to a point; THENCE North 88 degrees 09 minutes 40 seconds West for a distance of 1866.10 feet to a point in the centerline of Southern Railroad; THENCE with the centerline of Southern Railroad South 23 degrees 46 minutes 26 seconds East for a distance of 969.91 feet to the point and place of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 238.84 acres more or less. Section 2. All laws and clauses in conflict with this Ordinance Amendment are hereby repealed. Town of Lillington | 3 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Section 3. This Ordinance Amendment shall be effective immediately upon adoption. Adopted this 13th day of January, 2026 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: January 13. 2026 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on Consideration of Text Amendment to Article IV-of the Lillington Unified Development Ordinance ITEM SUMMARY Consideration of Approval of the Text Amendment to Article IV- of the Lillington Unified Development Ordinance RECOMMENDED ACTION Approve Article IV- of the Lillington Unified Development Ordinance AGENDA ITEM #7-7A Town of Lillington, NC Unified Development Ordinance 1 TOWN OF LILLINGTON ORDINANCE FY2026-15 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. Town of Lillington, NC Unified Development Ordinance 2 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. Town of Lillington, NC Unified Development Ordinance 3 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 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. Town of Lillington, NC Unified Development Ordinance 4 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 1.5 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. Town of Lillington, NC Unified Development Ordinance 5 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. 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 Town of Lillington, NC Unified Development Ordinance 6 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 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 Town of Lillington, NC Unified Development Ordinance 7 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 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. Town of Lillington, NC Unified Development Ordinance 8 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. 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. Town of Lillington, NC Unified Development Ordinance 9 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. 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. Town of Lillington, NC Unified Development Ordinance 10 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. 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 Town of Lillington, NC Unified Development Ordinance 11 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. 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. Town of Lillington, NC Unified Development Ordinance 12 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 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 Town of Lillington, NC Unified Development Ordinance 13 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. 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. Town of Lillington, NC Unified Development Ordinance 14 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. 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 Town of Lillington, NC Unified Development Ordinance 15 Awning/Canopy/Window/Door Signs Projecting/Suspended Signs Monument Signs 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. Town of Lillington, NC Unified Development Ordinance 16 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. 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 Town of Lillington, NC Unified Development Ordinance 17 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. 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: Town of Lillington, NC Unified Development Ordinance 18 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. 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 Town of Lillington, NC Unified Development Ordinance 19 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. 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. Town of Lillington, NC Unified Development Ordinance 20 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. 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 Town of Lillington, NC Unified Development Ordinance 21 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 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. Town of Lillington, NC Unified Development Ordinance 22 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. 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. Town of Lillington, NC Unified Development Ordinance 23 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. 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. Town of Lillington, NC Unified Development Ordinance 24 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. 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 Town of Lillington, NC Unified Development Ordinance 25 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. 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. Town of Lillington, NC Unified Development Ordinance 26 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. 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. Town of Lillington, NC Unified Development Ordinance 27 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. 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. Town of Lillington, NC Unified Development Ordinance 28 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- Town of Lillington, NC Unified Development Ordinance 29 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). Town of Lillington, NC Unified Development Ordinance 30 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. 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 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 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 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 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 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 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 Town of Lillington, NC Unified Development Ordinance 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,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. 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 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 Town of Lillington, NC Unified Development Ordinance 37 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-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 Town of Lillington, NC Unified Development Ordinance 38 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. 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. Where a parking lot abuts a public street or a residential district: 1. Provide a perimeter landscape yard greater than 10 ft wide. 2. Install one (1) canopy tree per forty (40) linear feet (may be clustered). 3. Provide a continuous evergreen shrub layer forming a 4-ft. high screen within three (3) years of planting. B. Planting Area Dimensions 1. Each canopy tree shall be planted in a landscape area of not less than 200 square feet, with a minimum width of eight (8) feet, measured from the back of curb, edge of pavement, or sidewalk Town of Lillington, NC Unified Development Ordinance 39 2. Two or more trees may share a continuous planting area, provided that each tree has at least 200 square feet of dedicated rootable area. 3. Planting areas may be configured as individual islands, end islands, medians, or perimeter planting strips. 4. The Administrator may approve smaller surface areas when structural soils, suspended pavement systems, or shared bioretention planters provide an equivalent or greater total rootable soil volume (typically 600 cubic feet per tree). C. Tree Quantity and Distribution 1. A minimum of one (1) canopy tree shall be provided for every ten (10) parking spaces within the vehicular use area. Fractional requirements shall be rounded up to the next whole tree. 2. All parking spaces, or portions thereof, shall be located within sixty (60) feet of a planted canopy tree trunk. 3. Alternatively, a development may demonstrate through a landscape plan prepared by a licensed landscape architect that the proposed layout will achieve equivalent or greater canopy coverage within fifteen (15) years of planting. D. Groundcover: Each planting area shall be landscaped with mulch, groundcover, or shrubs to protect against soil erosion. E. Barriers or Wheel Stops: Barriers, such as wheel stops or 6-inch standard curbs, must be provided between vehicular use areas and landscaped areas. F. 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 Town of Lillington, NC Unified Development Ordinance 40 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: 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. Town of Lillington, NC Unified Development Ordinance 41 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. 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 Town of Lillington, NC Unified Development Ordinance 42 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 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. Town of Lillington, NC Unified Development Ordinance 43 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 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; Town of Lillington, NC Unified Development Ordinance 44 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 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 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 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 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 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 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 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 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 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 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 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 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. Town of Lillington, NC Unified Development Ordinance 57 4.09.06 INDUSTRIAL STANDARDS A. Applicability The standards in this section apply to all new non-residential buildings located within the Industrial (I) zoning districts. B. These standards establish two design categories based on location and visibility: 1. Tier 1 – Gateway and Major Road Frontage: Applies to lots that front or abut a Major Thoroughfare or Gateway Corridor, as identified on the Town’s adopted Comprehensive Transportation Plan Map. 2. Tier 2 – Interior Industrial Areas: Applies to industrial zoned lots located on local or collector streets that do not front a designated major roadway and are not readily visible from residential or mixed-use districts. C. Tier 1 – Gateway and Major Road Frontage Standards Primary Façade Materials: a. The primary entrance shall be architecturally and functionally designed on the front facade facing a public street. b. The remainder of the structures shall meet the following: A minimum of 20 percent (20%) of the primary façade shall consist of brick, stone, architectural precast, decorative concrete block, or architectural metal panels with integrated color or texture. D. Secondary Materials: The remainder of the façade may include EIFS, metal panels, or other durable materials approved by the Planning Director. E. Façade Modulation: Building façades longer than 100 feet shall incorporate wall plane projections or recesses, material changes, or other architectural features at least every 50 feet. F. Roofline Variation: Rooflines shall include parapet height variation, changes in roof pitch, or architectural detailing at least every 75 feet of building length. G. Loading and Service Areas: Loading docks, overhead doors, and service areas shall not face a public street unless screened from view by a berm, masonry wall, or dense evergreen planting. H. Color Scheme: Building colors shall be neutral or earth-tone hues with limited use of accent colors for trim or branding. Highly reflective finishes are prohibited. I. Tier 2 – Interior Industrial Area Standards 1. Building Materials a. Pre-engineered metal buildings and tilt-up concrete panels are permitted b. Exterior finishes shall be non-reflective and maintained in good repair. Town of Lillington, NC Unified Development Ordinance 58 2.Architectural Featuresa.Each facade visible from a public street or internal access drive shall include at least one architectural feature such as a canopy, awning, color or texture variation, ormaterial change3.Screening a. Outdoor storage, loading areas, and mechanical equipment shall be fully screenedfrom adjacent properties and public rights-of-way by berms, landscaping, or opaquefencing.4.Color and Finisha. Building colors shall be neutral or muted tones. Reflective or bright finishes are notpermitted.5. Perimeter Landscapinga. A minimum 10-foot Type C landscape buffer shall be provided along any property lineabutting a non-industrial zoning district.J.Administrative Flexibility1.The Planning Director may approve minor modifications to the requirements of this section when the applicant demonstrates that:a. The proposed design provides an equivalent or superior visual appearance; orb. The modification is necessary to address operational or functional characteristics of the industrial use. All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed. Adopted this 13th day of January, 2026 _________________________ Glenn McFadden, Mayor Attest: Lindsey B. Lucas, Town Clerk