The following special uses would not be appropriate without restriction throughout the zoning districts but could be acceptable if controlled as to number, area, location or relation to the neighborhood. Such uses may be permitted in a zoning district as special uses if the provisions or this and all other subchapters of this chapter have been met.

(1989 Code, Title V, Ch. 51, Art X, § 1000) (Ord. 2021-03, passed 6-8-2021)

      (1)   Existing site conditions, including contours, water courses, identified flood hazard areas, any unique natural or man made features.

      (2)   Boundary lines of the proposed development, proposed lot lines and plot designs.

      (3)   Proposed location and use of all existing and proposed structures.

      (4)   Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites and similar public and semi-public uses.

      (5)   The existing and proposed street system, including location and number of off-street parking spaces, service areas, loading areas, and major points of access to public rights-of-way. Notations of proposed ownership of the street system (public or private). Documentation from the Beech Mountain Fire Department of the adequacy of the development’s facilities for emergency medical and fire services.

        (6)   Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and state agencies. Documentation of an approved Sedimentation and Erosion Control Plan shall also be submitted where required.

      (7)   Location and/or notation of existing and proposed easements and rights-of-way.

       (8)   The proposed treatment of the perimeter of the development including materials and/or techniques such as screens, fences and walls.

      (9)   Information on adjacent land areas, including land use, zoning classifications, public facilities, and any unique natural features.

      (10)   Where applicable, the following written documentation shall be submitted:

         (a)   A legal description of the total site proposed for development, including a statement of present and proposed ownership.

         (b)   The zoning district or districts in which the project is located.

         (c)   A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages.

         (d)   A statement of the applicant’s intentions with regard to the future selling and/or leasing of all or portions of the development.

          (e)   Quantitative data for the following: proposed total number and type of residential dwelling units; parcel size; gross residential densities; and total amount of open space.

         (f)   Plan for maintenance of common areas, recreation areas, open spaces, streets and utilities.

       (11)   Any additional information required by the Board of Adjustment in order to evaluate the impact of the proposed development. The Zoning Administrator or the Board of Adjustment may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision of the project.

      (2)   Rehearings. An application for a rehearing may be made in the same manner as provided for an original hearing. Evidence in support of the application shall initially be limited to that which is necessary to enable the Board to determine whether there has been a substantial change in the facts, evidence, or conditions in the case. The application for rehearing shall be denied by the Board if from the record it finds that there has been no substantial change in facts, evidence or conditions. If the Board finds that there has been a change, it shall thereupon treat the request in the same manner as any other application.

      (1)   If the Board of Adjustment finds that, in the particular case in question, the use for which the Special Use Permit is sought will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use, and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood, a permit may be granted. In granting such a permit, the Board of Adjustment may designate such conditions in connection therewith as will, in its opinion, assure that the proposed use will conform to the requirements and spirit of this chapter.

      (2)   If at any time after a Special Use Permit has been issued the Board of Adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a Special Use Permit, the permit shall be terminated and the operation of such use discontinued. If a Special Use Permit is terminated for any reason, it may be reinstated only after a public hearing is held.

      (3)   Before any Special Use Permit is issued, the Board shall make written findings certifying compliance with the specific rules governing the individual special use as outlined in § 154.117, and that satisfactory provision and arrangement has been made for at least the following, where applicable.

         (a)   Satisfactory ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control.

         (b)   Provision of off-street parking and loading areas where required, with particular attention to the items in division (F)(3)(a) above, and the economic, noise, glare and odor effects of the special use on adjoining properties in the area.

         (c)   Adequate and proper utilities with reference to locations, availability and compatibility.

         (d)   Buffering, with reference to type, location and dimensions.

           (e)   Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

         (f)   Playgrounds, open spaces, yards, landscaping, access ways, pedestrian ways, with reference to location, size and suitability.

         (g)   Buildings and structures, with reference to location, size and use.

         (h)   Hours of operation, with particular reference to protecting and maintaining the character of the neighborhood.

         (a)   Written notice of the decision in a case shall be given by certified or registered mail to the applicant by the secretary as soon as practicable after the case is decided. Also, written notice shall be given to owners of the subject property, if not the applicant, and to other persons who have made written request for such notice.

         (b)   The final decision of the Board shall be shown in the record of the case as entered in the minutes of the Board and signed by the secretary and the Chairperson upon approval of the minutes by the Board. Such record shall show the reasons for the determination, with a summary of the evidence introduced and the findings of fact made by the Board. The record shall state in detail any facts supporting findings required to be made prior to the issuance of such permit. The record shall state in detail what, if any, conditions and safeguards are imposed by the Board in connection with the granting of a Special Use Permit.

   (I)   Minor changes. Minor changes in the location, siting or character of buildings and structures may be authorized by the Zoning Administrator, if required by engineering or other circumstances not foreseen at the time the final development program was approved; provided, however, no change authorized by the Zoning Administrator under this section may increase the size of any building or structure by more than 10%, nor change the location of any building or structure by more than ten feet in any direction, nor make any changes beyond the minimum or maximum requirements set forth in this chapter. All other changes, including changes in the site plan and in the development schedule, must be submitted to the Board of Adjustment. In no case shall the following changes be made without resubmission of the development plan according to the procedures in this section:

      (1)   A change in the use or character of the development.

      (2)   An increase in overall density.

      (3)   An increase in intensity of use.

      (4)   Alteration of the traffic circulation system.

      (5)   A reduction in approved open space.

      (6)   A reduction of off-street parking and loading space.

     (J)   No development, permit becomes null and void. If no development has occurred within one year after the issuance of a Special Use Permit, the permit shall become null and void without written extension from the Board of Adjustment, and the procedures for application and review as outlined in this section shall be required for any development on subject property.

(1989 Code, Title V, Ch. 51, Art. X, § 1001) (Ord. passed 6-4-1985; Ord. passed 2-11-1997; Ord. 2012-03, passed 4-10-2012; Ord. 2021-03, passed 6-8-2021)

   The following standards are applied to specific special uses. Before issuing a Special Use Permit, the Board of Adjustment shall find that all standards for specific uses listed in this section as well as all standards listed in § 154.116 have been met.

   (A)   Private recreation facilities (profit).

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The Board of Adjustment may require buffering consisting of evergreen trees or shrubs located along the side and rear lot lines, but shall not extend beyond the established setback line along any street. Such buffer strip shall not be less than four feet in width and shall be composed of trees or shrubs of a type which, at maturity, shall be not less than six feet in height. This planting requirement may be modified by the Board of Adjustment where adequate buffering exists in the form of vegetation and/or terrain.

      (3)   The proposed hours of operation shall not be detrimental to the surrounding property due to noise, flashing lights, traffic, etc.

      (4)   All developments shall be compatible with surrounding residential uses; therefore, no signs with flashing lights shall be allowed. All non-flashing illuminated signs shall be so placed so as not to cast light on adjoining residential uses.

      (5)   Trash facilities must be approved by the Public Works Director. 1

   (B)   Radio and tv towers, satellite dishes, private water and sewer plants, private water storage tanks, church spires.2

      (1)   All such structures shall adhere to the setback requirements of § 154.105 and the location shall be approved by the Board of Adjustment.

      (2)   All such structures located on the ground shall be screened by native evergreen shrubs at least six feet in height and spaced no more than three feet apart.

      (3)   The size of satellite dishes in residential districts shall be limited to ten feet in diameter.

      (4)   Satellite dishes may be located on a roof where ground location is infeasible. Such installations shall not be located on a roof side facing a street.

      (5)   Satellite dishes shall be the black mesh type.

      (6)   The permit issued by the Board of Adjustment for satellite dish installation takes into effect elements specifically related to the dish, such as width, color, materials and location. For this reason, any time a new dish is to be installed, a new permit must be obtained.

   (C)   Multi-family dwellings.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   Building height and setbacks shall meet the minimum requirements found in § 154.105.

      (3)   The development shall meet the density requirements found in § 154.105. 3

      (4)   Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Ch. 47A, Art. 1) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.

   (D)   Restaurants.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The Board of Adjustment may require a buffer strip as defined in § 154.105.

      (3)   The area fronting on the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain. 4

   (E)   Laundry and dry cleaning services.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The Board of Adjustment may require a buffer strip as defined in § 154.005.

   (F)   Mechanical car wash.

      (1)   Included in the required development plan shall be a layout of the proposed ingress and egress and traffic circulation plan. Adequate areas shall be provided so that all patrons will be able to pull their vehicles off the street while waiting to utilize the available services.

      (2)   The Board of Adjustment may require a buffer strip as defined in § 154.005.

   (G)   Professional and business offices and services.

      (1)   This use shall only be permitted as part of an approved Planned Unit Development in R-3.

      (2)   This use shall only be permitted as part of an approved recreational development in the PS District.

   (H)   Retail trade, commercial services, sales and rental of goods, merchandise and equipment. In the PS District, this use shall only be permitted as part of an approved recreational development.5

   (I)   Planned Unit Developments.

      (1)   Purpose. The purpose of this section is to encourage and provide for flexibility and innovation in the design and location of structures and land development, to provide for mixtures of housing types and land use, to provide for the most efficient use of land resources, and to provide an opportunity to develop land areas in a manner different from the standard arrangement of one principal building on one lot. Residential densities are calculated on a project basis, thus allowing the clustering of buildings in order to create useful open spaces and preserve natural site features. It is further intended that a Planned Unit Development will be in harmony with the character of the district in which it is located.

      (2)   Planned Unit Development defined. Any development where more than one principal building or use is proposed to be constructed on a single lot, or any building with a gross floor area of 25,000 square feet or more, shall be deemed a Planned Unit Development (PUD). Residential units within a PUD may include single-family detached or attached units, townhouse developments, garden apartments, patio homes, condominiums, and other type residential units excluding mobile homes and mobile home parks.

      (3)   Land development standards. The following land development standards shall apply for all Planned Unit Developments. PUDs may be located in the R-3 districts as conditional uses, subject to a finding by the Board of Adjustment that certain conditions be met:

         (a)    Ownership control. The land in a PUD shall be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.

         (b)   Density requirements. There are no density requirements for non-residential uses as long as the proposed project does not violate the intent of the district in which it is located. The proposed residential density of the PUD (dwelling units per acre as shown in § 154.105) shall conform to that permitted in the district in which the development is located. If the PUD lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the PUD that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire Planned Unit Development.

         (c)   Frontage requirements. PUDs shall have access to a highway or road suitable for the scale and density of development being proposed.

         (d)   Land uses. A mixture of land uses shall be allowed in any PUD. However, within residential districts, non-residential uses shall not constitute the primary use in the PUD, and non-residential uses shall be carefully designed to complement the residential uses within the PUD. All PUDs must be compatible with and not violate the intent of the zoning district.

         (e)   Minimum requirements.

            1.   Waived. The normal minimum lot size, setbacks and frontage requirements are hereby waived for the PUD, provided that the spirit and intent of this section is complied with in the total development plan, as determined by the Board of Adjustment. The Board of Adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

            2.   Height limitations. No building or structure shall exceed the height limitations of the district in which it is located.

            3.   Required distance between buildings. The minimum distance between buildings shall be 20 feet or as otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.

            4.   Access to common use areas; streets, walkways, etc. Every dwelling unit shall have access to a public or private street, walkway or other area dedicated to common use, and there shall be provision for adequate vehicular circulation to all development properties in order to ensure acceptable levels of access for emergency vehicles. All roads within a Planned Unit Development shall meet the minimum construction standards for subdivision roads of the North Carolina Department of Transportation, Division of Highways' Subdivision Roads Minimum Construction Standards dated April, 1983 (as amended) with only the following exception: A reduced right-of-way of 40 feet will be permitted if a reduced width is essentially unavoidable due to topographic reasons and is approved by the Town Manager and/or Director of Public Works.6

            5.   Access to public road. All Planned Unit Developments must have access to a public road that meets the minimum construction standards for subdivision roads of the Division of Highways of the North Carolina Department of Transportation with the exception that in lieu of paving, the developer may use a minimum of eight inches of state approved Aggregate Base Course (ABC). In addition, all such access roads to Planned Unit Developments must be approved by the Director of Public Works for the Town of Beech Mountain and the Fire Chief of the Beech Mountain Volunteer Fire Department to insure the accessibility by emergency or municipal vehicles over such access roads to the Planned Unit Development.7

         (f)   Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise. Multilevel buildings shall be located within a PUD in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

         (g)   Perimeter requirements.

            1.   Structures located on the perimeter of the development must be set back from property lines and rights-of-way of abutting streets in accordance with the provisions of the Zoning Ordinance controlling the district within which the property is situated.

            2.   Structures other than single-family detached units located on the perimeter of the development may require screening in a manner which is approved by the Board of Adjustment.

         (h)   Water and sewer systems. Plans and accompanying documentation to ensure that the water and sewer systems proposed for the PUD have been approved by the appropriate local and state agencies shall be submitted as part of the application.

         (i)   Parking provisions. Preliminary plans shall include parking provisions for all proposed uses within the PUD in accordance with § 154.132. When more than one use is located in the PUD, the minimum required parking shall be the sum of the required parking for each use within the development.

         (j)   Vehicle and pedestrian traffic. Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.

         (k)   Protect character within zoning district. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the character within the zoning district and desirable character in any adjoining district.

         (l)   Unit of ownership. Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Ch. 47A, Art. 1) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.

         (m)   Avoid unnecessary cutting of trees. The development plan, and particularly the location of any buildings, roads, or parking areas, must be designed in such a way as to avoid the unnecessary cutting of any trees measuring more than six inches in diameter at ground level within the development.

   (J)   Hotels and motels.

      (1)   The area around the hotel or motel shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain.

      (2)   The Board of Adjustment may require a buffer strip as defined in § 154.006.

   (K)   Banks and other financial institutions.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The area fronting the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain.

   (L)   Hospitals, health clinics and doctors' offices.

       (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The area fronting the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain.

   (M)   Fraternal clubs and lodges.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The area fronting the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain.

   (N)   Motor vehicle service stations.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The area fronting the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain. 8

   (O)   Parking as a special use in R-2 zoned areas. 9

      (1)   The lot subject to the Special Use Permit shall be adjacent to a lot zoned CS, PS, or BMRI.

      (2)   The parking must be for the benefit of a contiguous lot zoned CS, PS, or BMRI.

      (3)   The parking shall not be intended to benefit a contiguous residential lot.

      (4)   The parking shall not create a significant nuisance to any adjoining residential lot.

      (5)   The lot must also meet the conditions listed in division (F) above of this section of the Zoning Ordinance.

      (6)   No structures shall be built on the lot.

         (a)   To further the orderly layout of campgrounds;

         (b)   To secure safety from fire, panic, and other dangers;

         (c)   To provide adequate light and air;

         (d)   To ensure that facilities for transportation, parking, water, sewage, and accessory recreational activities are provided for campground visitors;

         (e)   To ensure that campgrounds have a minimal adverse effect upon the neighborhoods or locations in which they are located; and

         (f)   To ensure that such campgrounds are not used as permanent places of abode.

         (a)   Name of the park and developer;

         (b)   Vicinity map and site plan showing relationship between campground and surrounding area;

         (c)   Proposed camper spaces well defined, indicating accurate dimensions and site numbers;

         (d)   Surface and/or subsurface drainage plan and flood plain information, if necessary;

         (e)   Site data:

            1.   Acreage in total tract;

            2.   Acreage in campgrounds, if applicable;

            3.   Total number of spaces; and

            4.   Lineal feet in streets;

         (f)   Landscaping and buffering;

         (g)   Adjoining property owners;

         (h)   Title, date, graphic scale, north arrow;

         (i)   Method of garbage disposal; and

         (j)   Other items as necessary to illustrate that the design standards below will be met.

         (a)   All campgrounds shall have a gross land area of at least five acres.

 

 

         (c)   A minimum of 30% of the total land area shall be devoted to accessible common open space intended for recreational use. These areas are separate from the camper spaces, and shall be grouped and of character suitable for active and passive recreation and shall be reasonably located for safe and convenient access to guests.

         (d)   Each camper shall be located at least 30 feet from the edge of any publicly-maintained right of way.

         (e)   Each camper space shall be identified by a permanent number which shall not be changed. The appropriate number of each camper space must be permanent and visibly displayed on each space. Each number shall be placed on a concrete, wood, metal, or any permanent post and conspicuously located on the lot.

         (f)   All spaces shall be located on sites with elevations that are not susceptible to flooding. The spaces shall be graded to prevent any water from ponding or accumulating within the park. Each space shall be properly graded to obtain a reasonably flat site for a campground and to provide adequate drainage away from the space.

         (g)   All spaces shall be located on sites with an average slope of less than 18%.

            1.   Each campground shall have at least one service building to provide necessary sanitation, restrooms, and laundry tray. This structure may also contain a retail sales counter and/or coin operated machine for the campground guests use, provided there is no exterior advertising. Vending machines may also be permitted in a sheltered area. Service buildings may have one private apartment for use as quarters for a campground owner/ operator.

            2.   All public areas of service buildings shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times. They shall be safely and adequately lighted. Facilities shall be easily accessible and conveniently located. All buildings shall be constructed in accordance with the N.C. State Building Code.

            1.   In addition to the required restrooms in the service building as described above, campgrounds with greater than 50 camp sites must have additional restroom and bathing facilities for men and women (i.e. “bath houses”) as described below:

 

 

            2.   These “bath houses” shall provide separate facilities for men and women, and shall have a minimum of:

               a.   Two toilets, two showers, and two sinks for women; and

               b.   Two toilets, two showers, and two sinks for men.

         (k)   Permanent structures (i.e. decks, porches, storage buildings) are prohibited on individual camp sites with the exception of concrete pads or other permanent hard surface pads not to exceed 300 square feet on a tent site and 500 square feet on all other sites.

         (l)   The campground owner is responsible for refuse collection. Storage, collection, and disposal of refuse shall be so managed as not to create health hazards, rodent harborage, insect-breeding areas, accident, fire hazards, or air pollution. The method of garbage disposal shall be noted on the plan and shall be in accordance with Title V, Chapter 50 of the Town of Beech Mountain Code of Ordinances.

         (m)   One off-street parking space shall be provided and maintained for each camp space. Any other parking needs shall be supplied by a centralized common parking area for the campground. Required parking spaces shall be included within the minimum required space area for each camp space.

         (n)   No camp space within a campground shall directly access a public road. Access to all camp spaces and accessory structures within the campground shall be made using internal streets.

            1.   Where town water or sewer systems exist within 1,000 feet of the park, the town may require the developer to connect to such system(s). When connected to such systems their supply shall be used exclusively;

            2.   Each campground shall provide a minimum of one sewage dumping station and at least one sewage dumping station for each 50 recreational vehicle camper spaces, which are not equipped with individual sewer and water connections. Sewage dumping stations shall be approved by the appropriate County Health Authority;

            3.   Connection fees for water and sewer for campsites provided with individual water and sewer connections or services shall be based on the current connection fee rates established by the Town Council based on 100 square feet per site regardless of the actual size of such site. The master schedule of fees is maintained in the Clerk’s office. Standard connection fee rates shall apply to bath houses, service buildings, and any other permanent structures on the premises; and

            4.   The Beech Mountain Fire Department may require the installation of fire hydrants as necessary to ensure safety. In accordance with § 154.116(D)(5), documentation of adequacy for emergency medical and fire services will be required from the Beech Mountain Fire Department before a Special Use Permit is granted.

            1.   The location of these sites shall be selected with safety as a priority;

            2.   They shall be in open areas away from structures, campers, and debris. To this end no designated campfire site may be within eight feet of the line separating camp spaces; and

            3.   They shall be lined with permanent campfire rings, constructed of steel or other suitable material and embedded in concrete or rocks, in order to prevent the spread of fire.

         (a)   Every campground owner or operator shall maintain an accurate register containing a record of all occupants and owners of campers in the campground. The register shall be available for inspection at all times by authorized town representatives. The register shall contain the following information:

            1.   Name and address of the occupants of each space;

            2.   Camper space number; and

            3.   Date when occupancy within the campground begins and date when occupancy within the campground ceases.

         (b)   No more than one camper may be parked on any one space. Campers shall not be permitted on parcels, lots, or spaces other than those approved through these regulations.

         (c)   Building and grounds shall be maintained free of rodent\insect harborage and infestation. Extermination methods and other control measures shall be in accordance with the requirements of licensed pest control operators. The campground owner shall be responsible for pest extermination and pest control measures to prevent the development of unsanitary conditions.

         (d)    Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground. Such streets shall be maintained in a manner to be free from pot holes, breaks in the pavement, rough surfaces, ponding of water and associated problems which would impede or cause hazards to motor vehicles. Speed reduction bumps on paved internal streets are permissible, but they shall be painted and appropriate signs indicating the bump must be placed along the street.

         (e)   It shall be unlawful to park or store a manufactured home or a type of recreational vehicle that is designed for permanent residence or long term stay in a campground. “Park Model” RV’s are considered to be designed for long term stay.

           (f)   The transfer of title of a camper space or spaces either by sale or by any other manner shall be prohibited within a campground as long as the campground is in operation.

         (g)   All camping units must be placed individually on approved camper spaces where all design standards and utilities have been completed. No more than one camper may be parked on any one space. Campers shall not be permitted on parcels, lots, or spaces other than those approved through these regulations.

         (h)   No camper space shall be used as a permanent place of abode. Any action toward removal of wheels of a camper except for temporary purposes of repair is hereby prohibited. Underpinning/underskirting is prohibited.

         (i)   No campground may operate and must be vacated of all campers during the months of January and February.

         (j)   Campfires:

            1.   Are permitted only when weather and conditions allow;

            2.   Must be extinguished between midnight and sunrise;

            3.   Must be attended while burning;

            4.   Are limited to designated sites; and

            5.   The sites shall be inspected by the Town Manager or his or her designee on an annual basis and a yearly permit issued if safety standards are met.

         (a)   In addition to the items and information required in § 154.116 for a special use permit, applications for wind energy systems shall contain the following information:

            1.   The complete name, address, telephone number, and e-mail address of the applicant and any authorized representative;

            2.   The signature of the person who prepared the application, if prepared by an agent or consultant of the applicant;

            3.   The role of the permit applicant in the construction and operation of the wind power project;

            4.   The identity of any other wind power project located in the state in which the applicant, or a principal of the applicant, has an ownership or other financial interest; the operator of the wind power project if different from the applicant; and the name of the person or persons to be the permittee if a site permit is issued;

            5.   The applicant shall state in the application whether a certificate of public convenience and necessity for the system is required from the North Carolina Utilities Commission and, if so, the anticipated schedule for obtaining the certificate. The town may ask the Utilities Commission to determine whether a certificate of public convenience and necessity is required for a particular wind power project for which the town has received a site permit application. The town shall not approve a project requiring a certificate unless and until such certificate is issued by the Utilities Commission. If a certificate is not required from the Utilities Commission, the permit applicant shall include with the application a discussion of what the applicant intends to do with the power that is generated;

            6.   The permit applicant shall include the following information about the site proposed for the wind power project and any associated facilities:

               a.   A recent survey of the boundaries of the parcel on which the proposed wind turbine is to be located;

               b.   The location of other wind energy systems in the general area of the proposed wind power project; and

               c.   The applicant’s land rights within the boundaries of the proposed site;

            7.   The permit applicant shall provide the following information regarding the design of the proposed wind power project:

               a.   A project layout, prepared by a design professional, including a map showing the proposed location of the energy system(s);

               b.   A description of the turbine(s) and tower(s) and other equipment proposed to be used in the wind power project, including the name of the manufacturers of the equipment;

               c.   A description of the project electrical system, including transformers at both low voltage and medium voltage; and

               d.   A description and location of associated facilities;

            8.   An applicant for a site permit shall include with the application an analysis of the potential impacts of the wind power project, proposed mitigative measures, and any adverse environmental effects that cannot be avoided, in the following areas:

               a.   Demographics, including people, homes, and businesses;

               d.   Public services and infrastructure;

               e.   Cultural and archaeological impacts;

               f.   Recreational resources;

               g.   Public health and safety, including air traffic, electromagnetic fields, and security and traffic;

               h.   Hazardous materials;

               i.   Land-based economics, including agriculture, forestry, and mining.

               j.   Tourism and community benefits;

               k.   Topography;

               l.   Soils;

               m.   Geologic and groundwater resources;

               n.   Surface water and floodplain resources;

               o.   Wetlands;

               p.   Vegetation;

               q.   Avian, impact assessment that includes an indication of the type and number of birds that are known or suspected to use a project site and the area surrounding that site;

               r.   Wildlife; and

               s.   Rare and unique natural resources;

            9.   The permit applicant shall describe all of the following:

               a.   The manner in which the wind power project, including associated facilities, will be constructed;

               b.   How the wind power project will be operated and maintained after construction, including a maintenance schedule;

               c.   The anticipated schedule for completion of the wind power project, and shall identify the expected date of commercial operation; and

               d.   The energy expected to be generated by the wind power project;

            10.   The permit applicant shall include the following information regarding decommissioning of the wind power project and restoring the site:

               a.   The anticipated life of the wind power project;

               b.   The estimated decommissioning costs in current dollars;

               c.   The method and schedule for updating the costs of decommissioning and restoration;

               d.   The method of ensuring that funds will be available for decommissioning and restoration; and

               e.   The anticipated manner in which the wind power project will be decommissioned and the site restored; and

            11.   The permit applicant shall include in the application a list of all known federal, state, and local agencies or authorities, and titles of the permits they issue that are required for the proposed wind power project.

   (S)   Manufacturing/processing, light.

      (1)   (a)   The purpose of the following special use standards shall be to set forth the regulatory and requirements for adult establishments located within the town. Adult establishments, because of their very nature are recognized as having serious objectionable operational characteristics. Studies and experiences that are relevant to North Carolina have shown that lower property values and increased crime rates tend to accompany and are brought about by adult establishments. The Town Council finds that regulation of these uses is necessary to ensure that these adverse secondary effects do not contribute to the blighting of surrounding neighborhoods and to regulate acts, omissions or conditions detrimental to the health, safety or welfare and the peace and dignity of the town. Regulations to achieve these purposes can be accomplished by the procedures set forth hereinafter.

         (b)   The provisions of the following standards have neither the purpose nor effect for imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of these standards to restrict or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. These standards represent a balancing of the legitimate ends of the community by imposing an incidental, content neutral place, time and manner regulation of sexually oriented businesses, without limiting alternative avenues of communication and at the same time, requiring the business to carry its share of financing administrative and enforcement activities.

            1.   Which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section or other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium).

            2.   Having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of its publications, including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section.

            1.   Persons who appear in a state of nudity or semi-nudity;

            2.   Live performances that are characterized by the exposure of "specified anatomical areas" or to "specified sexual activities";

            3.   Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

            4.   Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

            1.   Persons who appear in a state of nudity or semi-nudity;

            2.   Live performances that are characterized by the exposure of "specified anatomical areas" or to "specified sexual activities";

            3.   Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers;

            4.   Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

            5.   Conferences for the purpose of discussing, teaching, disseminating or selling materials related to "specified sexual activities" or "specified anatomical areas".

            1.   Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;

            2.   Offers a sleeping room for rent for a period of time that is less than 24 hours; or

            3.   Allows a tenant or occupant of a sleeping room to sub rent a room for a period of time that is less than 24 hours.

            1.   The opening or commencement of any sexually oriented business as a new business;

            2.   The conversion of an existing business, whether or not a sexually oriented business to any sexually oriented business;

            3.   The additions of any sexually oriented business to any other existing sexually oriented business; or

            4.   The relocation of any sexually oriented business.

         PREMISES. The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the permitee, as described in the application for a special use permit as described in this section.

            1.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

            2.   Physical contact in the form of wrestling or tumbling and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

            1.   Human genitals, pubic regions;

            2.   Buttocks;

            3.   Female breast below a point immediately above the top of the areola; or

            4.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

            1.   Human genitals in a state of sexual stimulation or arousal;

            2.   Acts of human masturbation, sexual intercourse, or sodomy; or

            3.   Fondling of other erotic touching of human genitals, pubic regions, buttocks or female breasts.

            1.   The sale, lease, or sublease of the business;

            2.   The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or

            3.   The establishment of a trust, gift, or other similar legal device that transfers the ownership of control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

         (a)   It shall be unlawful for any person to operate or maintain an adult establishment in the town unless the owner or operator thereof has obtained a special use permit from the town. It shall also be unlawful for any person to operate such business after such special use permit has been revoked or suspended by the town or has expired.

         (b)   It shall be unlawful for any entertainer to knowingly perform any work, service or entertainment directly related to the operation of an unpermitted adult establishment within the town.

         (c)   It shall be prima facie evidence that any adult establishment that fails to have posted, in the manner required by this section, a special use permit has not obtained such a permit. In addition, it shall be prima facie evidence that any entertainer who performs any service or entertainment in an adult establishment in which a special use permit is not posted, in the manner required by this section, had knowledge that such business was not permitted.

         (a)   The term of all permits required under this section shall be for a period of 12 months, commencing on the date of issuance of the permit. The application for a permit shall be accompanied by payment in full of the fees referred to in this section and established by the Town Council. Payment shall be made by certified cashier's check or money order. No application shall be considered complete until all such fees are paid.

         (b)   The permit fees shall be as set by the Town Council from time to time and be recorded in the Town Council meeting minutes at which they are set and shall appear in the town fee schedule.

      (5)   Application procedures. In addition to the special use permit application procedures as specified in § 154.116, an application shall be submitted to the Zoning Administrator in the name of the person proposing to conduct, operate or maintain the adult establishment and shall include the following information:

         (a)   The applicant's full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the residence address for the past two years, the business and home telephone numbers, occupation, date and place of birth, social security number, drivers' permit number, and a recent photograph of the applicant.

         (b)   1.   The name of the adult establishment, a description of the adult entertainment to be performed on the permitted premises, the name of the owner of the premises where the adult establishment will be located, the business address and county parcel identification number on which the business resides.

            2.   If the person identified as the fee owner(s) of the tract of land in division (a) is/are not also the owner(s) of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right to owners or proposed owners of the adult establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of an adult establishment;

            3.   A current certificate and straight-line drawing prepared within 30 days prior to the application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, library, or public park recreation area within 1,000 feet of the property to be certified. For purpose of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;

            4.   Any of the criteria above shall not be required for a renewal application if the applicant states that the documents previously furnished the Zoning Administrator with the original application or previous renewals thereof remain correct and current.

         (c)   The names, residence addresses for the past two years, social security numbers and dates of births of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers, directors, and individuals having a 10% or greater interest in the corporation.

         (d)   1.   A statement from the applicant, or from each partner, or from each corporate officer, director, or 10% shareholder that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:

               a.   A felony criminal act within five years immediately preceding the application; or

               b.   A misdemeanor criminal act within two years immediately preceding the application.

            2.   Where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the laws of North Carolina or any other comparable violation of the laws of this state or the laws of any other state.

         (e)   If the applicant is a corporation, a current certificate of existence issued by the North Carolina Secretary of State.

         (f)   A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this section regulating adult establishments.

         (g)   All applicants shall submit to fingerprinting by a police officer. The fingerprint cards shall be submitted to the S.B.I. for processing. Returned fingerprint cards and criminal histories shall be kept on file in the Police Department.

         (h)   A statement signed under oath that the applicant(s) consents to investigation of his or her background by the town to include fingerprinting and that the applicant(s) agrees to furnish within ten days at his or her expense, a criminal history from the clerk of court of any county in which the applicant has resided during the five preceding years.

         (i)   Failure to provide the information and documentation required by this division (U)(5) shall constitute an incomplete application and it shall not be processed until complete.

         (a)   Transmit a copy of the application to the Town Manager, the Board of Adjustment and to the Police Chief.

         (b)   The Police Chief shall report to the Zoning Administrator and the Town Manager no later than 15 working days after the receipt of the application by the Police Chief the results of his/her investigation of the applicant. In the event that the Police Chief fails to report to the Zoning Administrator within this time period, the Zoning Administrator shall proceed with processing the application.

         (c)   The Board Adjustment shall conduct a hearing on the application.

         (d)   In no event shall the time period for a final disposition by the Board of Adjustments exceed 45 working days from the date of the hearing, unless consented to by the applicant.

            1.   The sexually oriented business may not be located or operated within 1,000 feet of:

               a.   A church, synagogue, or regular place of worship;

               b.   A public or private elementary school;

               c.   A library open to the public;

               d.   A permitted day care center;

               e.   A public park or playground;

               f.   An entertainment business that is oriented primarily towards children;

               g.   Another sexually oriented business.

            2.   The sexually oriented business may not be located or operated within 150 feet of the boundary of any R-2 district;

            3.   The sexually oriented business may not be located or operated within 250 feet of any town maintained hiking trail.

            4.   For the purpose of the section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of any use listed in division (U)(7)(a)1. above.

            1.   Merchandise or activities of a sexually oriented business shall not be visible from a point outside the establishment.

            2.   No sexually oriented business shall have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner visible from a point outside the establishment except to the extent permitted by the provisions of this section or the Town of Beech Mountain's Sign Regulations.

            1.   No sexually oriented business shall employ persons under the age of 21 years.

            2.   No person under the age of 21 years shall be permitted on the premises of any adult establishment.

            3.   No person under the age of 21 years shall be granted a permit for an adult establishment business.

            4.   No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall knowingly allow or permit any person under the age of 21 years of age to be in or upon the premises or knowingly allow or permit a violation of this section.

         (e)   No owner, operator, manager, employee or entertainer, nor any customer or patron, shall appear "bottomless" or in a state of nudity while on the premises of the adult establishment.

         (f)   No owner, operator, manager, employee or entertainer, nor any customer or patron, shall perform any specified sexual activities as defined in this section, wear or use any device or covering exposed to view which stimulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities, as defined in this section, or participate in any act of prostitution while on the premises of the adult establishment.

         (g)   No owner, operator, manager, employee, entertainer, customer or patron of an adult establishment shall knowingly touch, fondle or caress any specified anatomical area of another person, or knowingly permit another person to touch, fondle or caress any specified anatomical area of his or hers, whether such specified anatomical areas are clothed, unclothed, covered or exposed, while on the premises of the adult establishment.

         (h)   There shall be a minimum separation of 72 inches between any entertainer or performer and any patron or customer.

         (i)   No owner, operator, manager or employee shall mix, dispense, or serve any alcoholic beverage.

         (j)   No owner, operator, manager or employee shall solicit, receive, or accept nor shall any customer, or patron give, offer, or provide any gratuity, tip, payment or any form of compensation for entertainment for or while either or both is/are in a state of nudity or semi-nudity. This also pertains to the purchase of an unrelated item that includes a "free" dance, act or service.

         (k)   A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, other video reproduction, or live performance that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

            1.   Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the business permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designed street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

            2.   The application shall be sworn to be true and correct by the applicant.

            3.   No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Administrator or his designee.

            4.   It is the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

            5.   The interior of the premises shall be configured in a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this division must be by direct line of sight from the manager's station.

            6.   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view area specified in division (U)(7)(k)5. remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (U)(7)(k)1. of this section.

            7.   No viewing room may be occupied by more than one person at any time.

            8.   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candle as measured at the floor level.

            9.   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

            10.   No permitee shall allow an opening of any kind to exist between viewing rooms or booths.

            11.   No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

            12.   The operator of the sexually oriented business shall during each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.

            13.   The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

            14.   The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of or permanently covered by, nonporous, easily cleanable material. No wood, composition board or other porous material shall be used within 48 inches of the floor.

         (a)   The Town Manager shall conduct a hearing to determine whether or not a permit should be suspended or revoked, with the hearing conducted within ten working days of his or her knowledge that:

            1.   The owner or operator of an adult establishment has violated, or knowingly allowed or permitted the violation of any of the provisions of this section;

            2.   There have been recurrent violations of provisions of this section that have occurred under such circumstances that the owner or operator of an adult establishment knew or should have known that such violations were committed;

            3.   The permit was obtained through false statements in the application for such permit, or renewal thereof;

            4.   The permit has been materially altered or defaced or is being or was used by a person other than the permit holder or at a location other than that identified on the permit or for a use of type other than that which the permit was issued;

            5.   The permit failed to make a complete disclosure of all information in the application for such permit or renewal thereof; or

            6.   The owner or operator, or any partner, or any corporate officer or director holding an adult establishment permit has become disqualified from having a permit by a conviction as provided in this section; or

            7.   The holder of an entertainer permit has become disqualified from having a permit by a conviction as provided in this section.

         (b)   At the hearing, the permitee shall have an opportunity to be heard, to present evidence and to be represented by an attorney. Based on the evidence produced at the hearing, the Town Manager shall order the Zoning Administrator, within five working days after the hearing, to take any of the following actions:

            1.   Suspend the permit for up to 90 days;

            2.   Revoke the permit;

            3.   Place the permit holder on administrative probation for a period of up to one year, on the condition that no further violations of this section occur during the period of probation; or

            4.   Take no action.

         (c)   The Town Manager shall provide written notice of his or her decision to the applicant by certified mail, return receipt requested.

         (d)   In the event of suspension or revocation of the permit or the placement on administrative probation, the permitee shall have the right to appeal that determination to the Board of Adjustment within 30 days of receipt of the notice of suspension, revocation or probation.

         (a)   A permit may be renewed by making application to the Zoning Administrator on application forms provided for that purpose. Any permit issued under this section shall expire as of the end of the 12-month period from the date of issuance, and renewal applications for such permits shall be submitted no sooner that 45 days prior to expiration and no later that the city business day immediately preceding the date of expiration of the permit.

         (b)   Upon timely and proper application for renewal and the payment in full of the permit fee, the Zoning Administrator shall issue to the applicant a receipt showing the date of the renewal of the application and granting temporary extension of the permit for a period of 45 days or until the application for renewal is approved or disapproved. Any permit issued under this section may be renewed by issuance of a new permit for an additional 12-month period. All applications for renewal of a permit shall be processed in the manner provided for the issuance of the initial permit, including the documentation.

(1989 Code, Title V, Ch. 51, Art. X, § 1002) (Ord. 1-9-1980; Ord. passed 10-8-1985; Ord. passed 4-28-1987; Ord. passed 4-1-1989; Ord. passed 1-9-1990; Ord. passed 11-9-1993; Ord. passed 10-11-1998; Ord. passed 11-8-2005; Ord. passed 3-8-2011; Ord. passed 8-9-2011; Ord. passed 11-15-2011; Ord. passed 11-15-2011; Ord. 2014-05, passed 12-9-2014; Ord. 2016-08, passed 5-10-2016; Ord. 2017-04, passed 2-14-2017; Ord. 2021-03, passed 6-8-2021)

         (a)   To protect the health, safety and welfare of the citizens of the town.

         (b)   To promote and encourage compatible outdoor uses in a comprehensive fashion that enhances the character and sense of place of the town.

         (c)   To encourage the location of commercial outdoor uses to protect the residents and visitors to the town from the off-site impacts of such uses.

         (d)   To minimize the adverse visual, acoustical, or other negative impact of commercial outdoor uses.

         (e)   To maintain and enhance the character and sense of place for the town.

      (1)   The use will be an enhancement to the character and sense of place of the town, as determined by the decision-making body deciding the application and pursuant to the town's most recent comprehensive plan with particular emphasis on the Community Design, Image, and Character Chapter.

      (2)   The application for a special use must be accompanied by a site plan showing the dimensions of the property, the location and size of any proposed outdoor amusement, the location and dimensions of parking, landscaping, lighting, and access ways.

      (3)   The outdoor use shall be adequately screened with locally appropriate or native vegetation, existing vegetation, topography, fences, walls, or with buildings conforming to § 154.120 et seq., from any conforming adjacent residential use, so as to provide a visual screen and acoustical buffer between the residential and outdoor use. A minimum ten-foot vegetated buffer shall be provided and maintained adjacent to the residential use adequately planted with trees, shrubs, and ground cover to provide an opaque buffer within six months of planting.

      (4)   Landscaping shall be an integral part of the site plan to help the outdoor amusement blend in with the surrounding property and to serve as a natural buffer.

      (5)   Outdoor uses shall demarcate the boundaries of the site for guests and shall include fences, walls, or other techniques such as landscaping to ensure guests to do not inadvertently trespass on adjacent lots.

      (6)   Any lighting provided for the outdoor use shall comply with § 154.151 et seq.

      (7)   Any music or other noise generated from the outdoor use shall conform to § 94.25 et seq.

      (8)   The application for a special use permit must also include information concerning the type and manner of any amplification of music and sound, type of activities to take place on the site and the audible range of the music and the sound from their amplification.

      (9)   Adequate parking shall be provided for all uses of the site including the outdoor use according to § 154.132.

      (10)   No amusement equipment, machinery, or mechanical device of any kind with visibly moving parts may be operated within the site.

      (11)   The application for special use permit must also include the frequency and hours of operation for the outdoor use and any events. Outdoor amusement uses shall not operate prior to 9:00 a.m. and shall cease operation by 10:00 p.m. each day.

      (12)   Outdoor uses shall ensure adequate ingress and egress from all buildings and structures to accommodate emergencies.

      (13)   Outdoor uses shall provide adequate permanent restroom facilities available on site for use by employees and patrons.

      (14)   Trash receptacle(s) shall be located strategically throughout the amusement area so as to provide adequate refuse collection. Trash receptacles shall be emptied after each use such that no refuse will be left overnight in an unsecured receptacle or location. The Board of Adjustment may allow an exception to the emptying requirement for trash receptacles that are manufactured as bear-resistant.

      (15)   Any outdoor storage or equipment shall be screened from public view and adjacent residential land uses.

(Ord. 2022-06, passed 10-11-2022)

         (a)   To protect the health, safety and welfare of the citizens of the town.

         (b)   To promote and encourage compatible outdoor uses in a comprehensive fashion that enhances the character and sense of place of the town.

         (c)   To encourage the location of commercial outdoor uses to protect the residents and visitors to the town from the off-site impacts of such uses.

         (d)   To minimize the adverse visual, acoustical, or other negative impact of commercial outdoor uses.

         (e)   To maintain and enhance the character and sense of place for the town.

      (1)   The use will be an enhancement to the character and sense of place of the town, as determined by the decision-making body deciding the application and pursuant to the town's most recent comprehensive plan with particular emphasis on the Community Design, Image, and Character Chapter.

      (2)   The application for a special use must be accompanied by a site plan showing the dimensions of the property, the location and size of any proposed outdoor entertainment, the location and dimensions of parking, landscaping, lighting, and access ways.

      (3)   The outdoor use shall be adequately screened with locally appropriate or native vegetation, existing vegetation, topography, fences, walls, or with buildings conforming to § 154.120 et seq., from any conforming adjacent residential use, so as to provide a visual screen and acoustical buffer between the residential and outdoor use.

      (4)   Landscaping shall be an integral part of the site plan to help the outdoor entertainment equipment and/or facilities blend in with the surrounding property and to serve as a natural buffer.

      (5)   Outdoor uses shall demarcate the boundaries of the site for guests and shall include fences, walls, or other techniques such as landscaping to ensure guests to do not inadvertently trespass on adjacent private property.

      (6)   Any lighting provided for the outdoor use shall comply with § 154.151 et seq.

      (7)   Any music or other noise generated from the outdoor use shall conform to § 94.25 et seq.

      (8)   The application for a special use permit must also include information concerning the type and manner of any amplification of music and sound, type of activities to take place on the site and the audible range of the music and the sound from their amplification.

      (9)   Adequate parking shall be provided for all uses of the site including the outdoor use according to § 154.132.

      (10)   No entertainment equipment, machinery, or mechanical device of any kind with visibly moving parts may be operated within the site.

      (11)   The application for special use permit must also include the frequency and hours of operation for the outdoor use and any events.

      (12)   Outdoor uses shall ensure adequate ingress and egress from all buildings and structures to accommodate emergencies.

      (13)   Outdoor uses shall provide adequate permanent restroom facilities available on site for use by employees and patrons.

      (14)   Trash receptacle(s) shall be located strategically throughout the entertainment area so as to provide adequate refuse collection. Trash receptacles shall be emptied after each use such that no refuse will be left overnight in an unsecured receptacle or location. The Board of Adjustment may allow an exception to the emptying requirement for trash receptacles that are manufactured as bear-resistant.

      (15)   Any outdoor storage or equipment shall be screened from public view and adjacent residential land uses.

(Ord. 2022-06, passed 10-11-2022)

         (a)   To protect the health, safety, and welfare of the citizens of the town.

         (b)   To promote and encourage compatible outdoor uses in a comprehensive fashion that enhances the character and sense of place of the town.

         (c)   To encourage the location of commercial outdoor uses to protect the residents and visitors to the town from the off-site impacts of such uses.

         (d)   To minimize the adverse visual, acoustical, or other negative impact of commercial large-scale entertainment uses.

         (e)   To maintain and enhance the character and sense of place for the town.

      (3)   Scope. Except as otherwise provided in this section, no commercial large-scale entertainment shall be established, modified, expanded, moved, or otherwise altered unless a special use permit has been approved by the Board of Adjustment. No special use permit or other permit shall be issued that is not in compliance with this section, general maintenance and upkeep, such as minor repairs, painting, cleaning, and similar activities to existing commercial large-scale entertainment uses shall not require the issuance or re-issuance of a special use permit.

      (1)   The use will be an enhancement to the character and sense of place of the town, as determined by the decision-making body deciding the application and pursuant to the town's most recent comprehensive plan with particular emphasis on the community design, image, and character chapter.

      (2)   The application for a special use must be accompanied by a site plan showing the dimensions of the property, the location and size of any proposed outdoor entertainment, the location and dimensions of parking, landscaping, lighting, and access ways.

      (3)   The proposed use must be located within the boundaries of a property of five acres or more.

      (4)   The proposed use shall be adequately screened with locally appropriate or native vegetation, existing vegetation, topography, fences, walls, or with building facades from any conforming adjacent residential use, so as to provide a visual screen and acoustical buffer between the residential and outdoor use.

      (5)   Landscaping shall be an integral part of the site plan to help the outdoor entertainment equipment and/or facilities blend in with the surrounding property and to serve as a natural buffer.

      (6)   Entertainment uses shall demarcate the boundaries of the site for guests and shall include fences, walls, or other techniques such as landscaping to ensure guests to do not inadvertently trespass on adjacent private property.

      (7)   Any lighting provided for the entertainment use shall comply with § 154.151 et seq.

      (8)   Any music or other noise generated from the outdoor use shall conform to § 94.25 et seq.

      (9)   The application for a special use permit must also include information concerning the type and manner of any amplification of music and sound, type of activities to take place on the site and the audible range of the music and the sound from their amplification.

      (10)   Adequate parking shall be provided for all uses of the site including the outdoor use according to § 154.132.

      (11)   No entertainment equipment, machinery, or mechanical device of any kind with visibly moving parts may be operated within the site.

      (12)   The application for special use permit must also include the frequency and hours of operation for the outdoor use and any events.

      (13)   Entertainment uses shall ensure adequate ingress and egress from all buildings and structures to accommodate emergencies.

      (14)   Entertainment uses shall provide adequate permanent restroom facilities available on site for use by employees and patrons.

      (15)   Trash receptacle(s) shall be located strategically throughout the entertainment area so as to provide adequate refuse collection. Trash receptacles shall be emptied after each use such that no refuse will be left overnight in an unsecured receptacle or location. The Board of Adjustment may allow an exception to the emptying requirement for trash receptacles that are manufactured as bear-resistant.

      (16)   Any outdoor storage or equipment shall be screened from public view and adjacent residential land uses.

(Ord. 2022-06, passed 10-11-2022)