Purpose: The Telecommunications Act of 1996 affirmed the county's authority concerning the placement, construction and modification of wireless facilities and wireless support structures. The North Carolina General Assembly adopted additional regulations through G.S. 153A-349.50—153A-349.53, effective December 1, 2007, and further amended effective October 1, 2013. The county finds that wireless facilities and wireless support structures may pose a unique hazard to the health, safety, public welfare, character and environment of the county and its citizens. The county also recognizes that facilitating the development of wireless service technology can be an economic development asset to the county and of significant benefit to the county and its citizens. In order to ensure that the placement, construction, substantial modification or eligible facilities request of wireless facilities and wireless support structures is consistent with the county's land use policies, the county is adopting a single, comprehensive, wireless facilities and wireless support structures application and permit process which complies with the Telecommunications Act of 1996, and G.S. 153A-349.50—153A-349.53. The intent of this chapter is to minimize the negative impact of wireless facilities and wireless support structures, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the citizens of the county. In order to ensure that the placement, construction, and modification of wireless facilities and wireless support structures protects the county's health, safety, public welfare, environmental features and the nature and character of the community and neighborhood and other aspects of the quality of life, which is consistent with the county's adopted comprehensive plan and development policies, the county hereby establishes an overall policy with respect to a zoning authorization permit for wireless facilities and wireless support structures for the express purpose of achieving the following goals:

♦

Implementing an application process for person(s) seeking a zoning authorization permit for wireless facilities and wireless support structures.

♦

Establishing a policy for examining an application for and issuing a zoning authorization permit for wireless telecommunications facilities that is both fair and consistent.

♦

Promoting and encouraging, wherever possible, the sharing and/or collocation of wireless facilities and wireless support structures among service providers.

♦

Requiring, promoting and encouraging, wherever possible, the placement, height and quantity of wireless facilities and wireless support structures in such a manner as to minimize any adverse aesthetic impacts to the land, property, buildings, and other facilities adjacent to, surrounding, and in the same general area as the requested location of such wireless facilities and wireless support structures, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

(a)

Applicability. The provisions of division 2, supplemental uses, and division 3, special uses, in this article are supplemental to the general provisions of the other articles of this chapter. All uses and structures must comply with all other applicable provisions of this chapter.

(b)

Relationship to use table. Uses listed as permitted, special use or having a reference to supplemental regulations in table 44-403-1 must satisfy these additional criteria before development will be approved.

(c)

Site plans. A detailed site plan, complying with any applicable standards in section 44-317 and the supplemental use or special use standards listed in this article, must be submitted.

(d)

Application approval. The planning director has the authority to approve, approve with modifications, or deny applications for supplemental use authorizations in division 2. The board of adjustment has the authority to approve, approve with modifications or deny applications for special use authorizations in division 3.

(Ord. No. 2021-05, 6-21-2021)

The following sections contain standards relevant for each individual supplemental use and are in addition to the applicable regulations in article V.

(Ord. No. 2021-05, 6-21-2021)

An accessory structure cannot be permitted unless a principal structure exists on the same zoning lot or a building permit for a principal structure has been issued at the same time the accessory structure permit is issued.

(1)

Residential single-use accessory structure.

a.

Accessory structures must not exceed the maximum permitted height for the zoning district in which the property is located.

b.

Accessory structures must not be erected in any required front setbacks with the exception to corner and multi-frontage lots. Accessory structures may be allowed no closer than 20 feet from the side street right-of-way. A side street is determined based upon the following criteria:

1.

Road classification;

2.

Length of road segment;

3.

Orientation of dwelling unit on lot;

4.

Existing development pattern; and

5.

A minor collector/thoroughfare of higher classified road cannot be considered a side street for purposes of this section.

c.

Accessory structure must be separated from the principal structure by at least five feet of open space.

d.

Accessory structures may not be located any closer than ten feet from any side lot line and five feet from any rear lot line with exception of accessory structures on Lakes Hickory, Lookout and Norman or the Catawba River main stem where the rear setback must be a minimum 30 feet, or more when required by the state's Catawba River Basin Riparian Buffer Rules (15A NCAC 2B.0243), as enforced by the NCDENR.

e.

Manufactured homes or truck trailers, either with current tags or untagged, may not be used for accessory structures and cannot be converted for storage or other purposes.

f.

Fences and walls are regulated only to the extent that they cannot exceed six feet in height when located in the front setback. A zoning authorization permit is not required for fences and walls.

g.

Within residential districts, ground-mounted solar panels are prohibited in the front yard and may not exceed 12 feet in height.

(2)

Residential multiuse, multistory, or habitable space accessory structure.

a.

Accessory structures must meet the requirements of subsections (1)a, b, and c above.

b.

Accessory structures must meet the required setbacks for a principal structure in the underlying zoning district.

(3)

Nonresidential accessory structure.

a.

Must meet the requirements of subsections (1)a, b, and c above.

b.

Accessory structures must meet the required setbacks for a principal structure in the underlying zoning district.

c.

Storage/shipping containers must also comply with section 44-623.

(Ord. No. 2021-05, 6-21-2021)

(a)

All activities of animal hospitals and veterinary clinics, with the exception of animal exercise yards, must be conducted within an enclosed building.

(b)

Buildings housing animal hospitals or veterinary clinics must be located a minimum of 100 feet from any adjacent residential property.

(c)

Exercise and confinement yards must be a minimum of 200 feet from any dwelling unit on any adjacent residential property.

(Ord. No. 2021-05, 6-21-2021)

(a)

No part of any assembly area, projection screen, projection booth, or other building may be located closer than 300 feet from any adjacent residential property or closer than 50 feet from any lot line.

(b)

The image on the projection screen may not be visible from any arterial or collector street or from any adjacent residential property.

(c)

Audio amplification systems must be set in such a way to minimize impact to adjacent properties.

(d)

Lighting must be directed away from adjacent properties and public rights-of-way.

(e)

Queuing space within the zoning lot must be provided for patrons awaiting admission in an amount equal to 30 percent of the vehicular capacity of the assembly or theater facility.

(Ord. No. 2021-05, 6-21-2021)

(a)

Freestanding facilities and associated queuing lanes must not interfere with traffic access areas.

(b)

Freestanding facilities and associated queuing lanes must not occupy principal use required parking spaces.

(c)

Facilities must be located outside required setbacks and with the exception of ATMs, must be located at the side or rear of the principal use.

(d)

Low-growing landscaping or portable planters must surround three sides of the facility.

(e)

The facility must be underskirted with a material designed for that purpose.

(f)

Mechanical equipment must be screened from public view.

(g)

Concession stands must meet all applicable state and local regulations.

(h)

Only one wall sign is allowed, which has a maximum area of ten percent of the wall surface, up to a maximum total of 32 square feet in area.

(Ord. No. 2021-05, 6-21-2021)

(a)

All required off-street parking must be located outside of required setbacks.

(b)

No more than six bedrooms may be devoted to guest accommodations.

(c)

The operators must be full-time residents of the premises.

(Ord. No. 2021-05, 6-21-2021)

(a)

Group-camp facilities are operated on a profit or nonprofit basis. Standards for group-camp facilities are as follows:

(1)

The minimum size for a group-camp facility is five acres.

(2)

Each group camp must provide a minimum of one-fourth acre per each person camping.

(3)

All buildings and areas for organized recreational use must be set back a minimum distance of 100 feet from any exterior property line.

(4)

Cabins must be at least 75 feet, but no more than 150 feet, from toilet facilities.

(5)

Interior roads must be paved.

(b)

Campgrounds or recreational-vehicle parks provide sites for tents and recreational vehicles. Standards for campgrounds or recreational-vehicle parks are as follows:

(1)

The minimum size for a campground or recreational vehicle park is five acres.

(2)

A minimum of 1,500 square feet of area must be provided for each tent, cabin or vehicle space.

(3)

All buildings, tent spaces, and vehicle spaces must be set back a minimum distance of 100 feet from any exterior property line.

(4)

A sanitary source of drinking water must be at least 200 feet, but no more than 400 feet, from toilet facilities. A bathhouse may not be more than 1,500 feet from any tent or vehicle space. This does not apply where public water and sewer connections are provided to vehicles having self-contained kitchens and bathroom facilities.

(5)

A minimum of 1,500 square feet of area per tent, cabin or vehicle space must be provided for active or passive recreation.

(6)

Interior roads must be paved.

(Ord. No. 2021-05, 6-21-2021)

(a)

A North Carolina-licensed contractor working on a project, with a valid building permit, may temporarily use a construction trailer for office facilities.

(b)

The construction trailer must be placed on the property where the building permit authorizes construction.

(c)

The construction trailer must be removed within 30 days following completion of the work for which the permit was issued.

(Ord. No. 2021-05, 6-21-2021)

(a)

A duplex must be designed to resemble a single-family home having:

(1)

Building facades containing setback relief utilizing a variety of roof designs and shapes;

(2)

Metal, when used, incorporated as part of an architecturally designed scheme; and

(3)

Garage fronts de-emphasized and not be the most prominent architectural feature of the house.

(b)

Driveways serving front-loaded garages should be shared to reduce driveway cuts. Other driveways servicing garages must have side or rear access.

(c)

If garages are not provided, two parking spaces per unit are required. Parking areas must be paved but are not required to be lined. The parking area perimeter does not have to be buffered or landscaped.

(Ord. No. 2021-05, 6-21-2021)

Purpose: A home occupation, by its very nature, is a "low" intensive use occupying a minority area of the principal structure and in general centers around a home office environment. It also recognizes the trend of telecommuting and entrepreneurial opportunities. Such businesses may be located in any residential district, recognizing that certain residential and nonresidential uses can coexist in the same structure. Adequate standards should be in place to mitigate adverse impacts to adjacent residential uses. The services provided by the home occupation may be on or off site. When the business grows beyond the point of meeting the regulations below, the business will have to upgrade to a cottage business or move to a more appropriate commercial or industrial location.

The NAICS document (current edition) is made a part of the UDO and will be utilized in helping staff make interpretations of permitted home occupations when not specifically listed under this section. If the planning director determines that the use may be incompatible with the spirit and intent of this section, the director may refer to the BOA for an interpretation. Compliance must be in accordance with the standards listed in this section.

(1)

Home occupations are permitted in all residential districts, provided that they meet the requirements of subsection (2) below. Certain categories may be allowed including but not limited to:

a.

Computer programming;

b.

Catering, cooking and baking;

c.

Direct marketing enterprises;

d.

Dressmaking, sewing and tailoring;

e.

Electronic equipment repair and maintenance;

f.

Employment services;

g.

Hair salons—May include nail salon and tanning bed(s) only as accessory uses;

h.

Home crafts, such as weaving, jewelry making, or pottery;

i.

Housekeeping and janitorial services;

j.

Lawn care services;

k.

Management of companies and enterprises;

l.

Painting and sculpting;

m.

Printing and related support activities;

n.

Professional services, technical services, and health care professional services;

o.

Real estate, rental or leasing;

p.

Specialty trade—Contractor offices, where services are provided off-site (including but not limited to plumbing, electrical, and general contracting);

q.

Taxidermy;

r.

Telephone answering service;

s.

Travel agency;

t.

Tutoring or instruction of no more than 4 students at a time; and

u.

Woodcarving.

(2)

No home occupation shall be permitted that:

a.

Changes the outside appearance of the dwelling unit or is visible from a street.

b.

Creates a hazard to persons or property or is a nuisance. (Hazard or nuisance is defined as anything harmful or offensive to the community or a member of it and for which a legal remedy exists. A hazard or nuisance including excessive noise, odor, and dust shall be determined by the applicable agency.)

c.

Generates more than two customer vehicles at any given time.

(3)

The following standards shall apply:

a.

A maximum of 25 percent of the aggregate total of the usable floor area of the principal dwelling unit may be devoted to the home occupation. Accessory structures may not be used for business purposes.

b.

No outside storage and/or display of product or services is allowed.

c.

The following single-motor vehicles, excluding trailers, associated with a home occupation are permitted to be parked or stored outside, on the site of the home occupation:

Dump truck;

Box truck;

Bucket truck;

Pump truck; and

Tow trucks.

d.

Only one commercial vehicle per employee up to a maximum of three associated with the home occupation, are allowed to be parked or stored on the site of the home occupation. No more than two commercial vehicles associated with the business use are allowed to be parked or stored in the front or side yard.

e.

One nonilluminated sign is permitted, with a surface area not to exceed four square feet. The height, including the supporting structure shall not exceed four feet.

f.

Only one person shall work on the site of the home occupation, other than those residing on the property.

(Ord. No. 2021-05, 6-21-2021)

(a)

The site must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(b)

All junkyards must provide a perimeter buffer, including road frontage. The buffer must consist of a double row of evergreens staggered at a maximum of six feet apart, and having a minimum height of six feet to block visual access to all adjoining properties.

(c)

No material may be stored closer than 100 feet from any property lines.

(Ord. No. 2021-05, 6-21-2021)

Beneficial-fill landfills are subject to the following:

(1)

The land is used for the disposal of inert debris strictly limited to concrete, brick, concrete block, used asphalt pavement, uncontaminated soil, rock or gravel.

(2)

Construction and demolition debris or land-clearing debris are not beneficial fill material and cannot be placed in a beneficial fill landfill.

(3)

The applicant must submit a surveyed map of the property prepared by a registered land surveyor. The survey map shall be either eight and one-half inches by 11 inches or eight and one-half inches by 14 inches. The map must show the following:

a.

The name of the owner, property lines, north arrow, scale, bearings and distances taken from the deed.

b.

Disposal area delineated.

c.

Certification and seal of the registered land surveyor or registered engineer.

d.

The review officers' certificate to be signed by a county review officer.

A memorandum of beneficial-fill landfill, along with an attached survey map delineating the beneficial-fill landfill, must be recorded at the office of the county register of deeds. After the documents are recorded, a copy must be furnished to the county planning office.

(4)

Adequate soil cover must be applied monthly, as inspected by utilities and engineering department. The final cover must be a minimum of two feet of compacted earth, properly graded with establishment of suitable vegetative cover.

(5)

No excavation is allowed. The landfill site can only be used for the purpose of improving land use potential.

(6)

The applicant must agree to make the facility available for unannounced periodic inspections by county or state officials.

(Ord. No. 2021-05, 6-21-2021)

(a)

All operations must be located to prevent hazards to navigation.

(b)

Open storage of equipment, materials, and/or supplies associated with business operations is prohibited.

(c)

Ground-level storage of boats, trailers and other watercraft is allowed, but must not be visible from any adjacent property with a less intensive use of land or any public right-of-way.

(d)

Dry-storage facilities that store boats or marinas that moor boats for living purposes which have marine sanitation devices (MSD) must provide a pumpout facility.

(e)

Marinas or dry-storage facilities that provide a boat launch site must install low-impact-development stormwater-management devices. See section 44-428.

(f)

Marinas that provide a boat launch site must construct the launch site a minimum of 50 feet from any residential zoned side property line.

(g)

The height of a dry-storage facility cannot exceed the height limitations of the underlying zoning district and must be setback 50 feet from any residential zoned side property line.

(h)

Assembling of seawalls, docks and piers except for the express use of the marina facility is strictly prohibited.

(i)

A minimum of seven acres is required when a campground is planned as part of a marina.

(j)

Dry-storage facilities should be sited with the open storage bays shielded from adjoining properties, to the extent feasible. The dominant exterior building color of the dry-storage facility should be chosen to blend in with the natural surroundings.

(Ord. No. 2021-05, 6-21-2021)

(a)

All mini-warehouse compartment doors must open on an internal access driveway having a minimum paved width of 20 feet.

(b)

Facilities can only be used for dead storage of materials or articles and must not be used for assembly, fabrication, processing or repair.

(c)

The storage of hazardous, toxic, explosive substances, or any other substance requiring a "704 placard" is prohibited.

(d)

Outdoor lighting must be directed away from adjacent properties and public rights-of-way.

(e)

Mini-warehouse units must be constructed with the compartment doors facing internally, not facing a public street. An exception is allowed for mini-warehouses located on corner lots provided that shrubbery or low-growing evergreens are planted every five feet along the frontage of the secondary road.

(f)

Any side of a building facing a public street must be constructed with a facade of brick, stone, wood, or split-faced block. An exception is allowed for mini-warehouses located on corner lots provided that shrubbery or low-growing evergreens are planted every five feet along the frontage of the secondary road. Building facades which do not face a public street are not required to meet overlay or special district architectural regulations concerning metal treatment.

(g)

If the mini-warehouse facility has a locked and keyed entrance, two staging spaces must be located outside of the public right-of-way.

(h)

Open storage is prohibited.

(Ord. No. 2021-05, 6-21-2021)

(a)

The facility must have frontage on a public street.

(b)

Front, rear, and side setbacks must be a minimum of 35 feet.

(c)

The parcel perimeter buffer standards of subsection 44-523(f) must be met.

(Ord. No. 2021-05, 6-21-2021)

Outdoor seasonal sales are subject to the following standards:

(1)

Prior to conducting business, the operator of a seasonal-sales business must obtain a permit which describes the type of sales involved and the duration of the sales operation.

(2)

The applicant, if different from the property owner, must furnish written approval from the owner of the property before a permit will be issued.

(3)

Under no circumstance may the business operate more than a cumulative total of 45 days during any calendar year. The owner of the business must maintain an account of the days of sales operations and make such records available to the planning department.

(4)

The business must not involve the construction of a permanent building.

(5)

The use may only be located on a vacant lot or on a lot occupied by a nonresidential use such as a business, church, or school. The use must not operate as an accessory to a principal residential use on a lot.

(6)

Five off-street parking spaces must be provided for the use. Seasonal sales located on commercial properties must not utilize more than 20 percent of the required parking spaces provided on the site.

(7)

All parking, sales, and displays must be located outside of public rights-of-way and sight triangles.

(8)

One nonilluminated sign with a maximum area of 16 square feet is permitted if the sales area is located in a residential district. The sign regulations in article V, division 7 shall be met.

(Ord. No. 2021-05, 6-21-2021)

In any residential district, the developers, builders or their agents may operate one residential development sales office or model dwelling unit within the development, as a sales office for the specific project under construction, subject to the following restrictions:

(1)

The use of the office must be for the initial sale of properties and buildings within the developing subdivision;

(2)

The sales office or model dwelling unit must meet all district requirements for lot and setback dimensions;

(3)

One nonilluminated sign with a maximum area of 16 square feet is permitted;

(4)

One temporary off-street parking space per 300 square feet of office floor area, but in no case shall less than three temporary off-street parking spaces, is provided. The off-street parking surface must be gravel or asphalt;

(5)

The model dwelling unit must not be used for any business activity past 9:00 p.m.;

(6)

The building used for the sales office must either be constructed for ultimate residential use or be a temporary modular office unit. If a temporary modular office unit is used, the following additional conditions must be met:

a.

The modular office unit must be placed on a proper foundation, as recommended by the manufacturer;

b.

The skirting must consist of any weatherproof material providing a visual barrier between the ground and the underside of the modular office unit; and

c.

The modular office unit must comply with all building code requirements; and

(7)

The residential development sales office or model dwelling unit must be discontinued when the specific residential project is sold out and shall thereafter comply with regulations generally applicable within the district.

(Ord. No. 2021-05, 6-21-2021)

(a)

Containers, shipping containers or other portable storage containers are temporarily allowed for a dwelling in a residential district for a seven-day period during moving and are not subject to the standards listed in subsection (b) below. The time period can be extended in cases deemed as a hardship as defined by the planning director.

(b)

Containers are allowed on bona fide farms, but must be totally screened from view of all roads, public places and adjoining properties, through the use of features such as berms, fences, building walls, false facades or dense landscaping.

(c)

Containers, shipping containers or other portable storage containers are allowed in office, commercial and industrial districts, subject to the following:

(1)

Screening. Containers must be screened from view of all streets, public places and adjoining properties, through the use of features such as berms, fences, building walls, false facades, or dense landscaping (with exception for access to the unit).

(2)

Location. Containers should be located behind the principal building, or at the side if the physical nature of the site renders rear placement impossible, as determined by the planning director.

(3)

Setbacks. Containers must comply with the principal setbacks for the district.

(4)

Building code compliance. Containers must meet building code requirements if electrical or plumbing is installed.

(5)

Placard. A "704 placard" must be displayed when storing hazardous, toxic or explosive substances.

(Ord. No. 2021-05, 6-21-2021)

(a)

Swimming pools must not be erected in any required front setbacks.

(b)

Swimming pools must be separated from the principal structure by at least five feet. For the purpose of this regulation, a deck will not be counted as part of the principal structure, making it acceptable for the dwelling and the pool to be connected by a five-foot or larger deck.

(c)

Swimming pools may not be located any closer than ten feet from any side lot line and ten feet from any rear lot line.

(Ord. No. 2021-05, 6-21-2021)

(a)

The applicant must submit a statement with a description of the proposed use, hours of operation, the proposed number of people expected to attend the temporary use/special event, location of parking, driveways, and any other pertinent information.

(b)

The following standards must be met when issuing a temporary use/special event permit:

(1)

If not on the applicant's privately owned property, the applicant must provide written approval of the temporary use from the property owner.

(2)

The location of the temporary use/special event must minimize adverse effects on surrounding properties, including traffic generation and impacts. The site should contain sufficient land area to accommodate all proposed activities. The owner or event organizer shall notify surrounding property owners of the times of the event, activities planned, and measures to be taken to ensure that traffic congestion is mitigated. Temporary uses/special events are prohibited between the hours of 11:00 p.m. and 7:00 a.m.;

(3)

Adequate off-street parking must be provided. The use must not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances;

(4)

Display areas and/or temporary structures must comply with the required setbacks and must not interfere with the sight triangle of any intersection of roads or streets;

(5)

Only one temporary use/special event can be permitted for a single parcel of land at any given time;

(6)

Any applicable permits must be obtained from the NCDOT;

(7)

Signage meeting the requirements of section 44-561 is permitted 14 days before the event and must be removed at the close of the event;

(8)

Each event must not exceed 14 days and not to exceed two times during any 12-month period; and

(9)

The temporary use must comply with the county division of environmental health regulations regarding sewage disposal.

(c)

If a particular use is not listed in the definition of temporary use/special event, the planning director has the authority to grant a temporary use/special event permit for a similar and compatible use.

(Ord. No. 2021-05, 6-21-2021)

(a)

Minor maintenance may be performed including changing and replenishment of fluid levels, such as hydraulic fluid, windshield-washer fluid, and lubricating oil; replacement of sparkplugs and ignition points; rotation of tires and checking of adequate pressure; and replacement of drive belts and hydraulic lines.

(b)

Any other repairs on a motor vehicle are restricted to enclosed spaces and only on privately registered vehicles to the occupant of the residence.

(c)

Under no circumstance may any individual perform any type of maintenance on a vehicle and receive compensation for the work performed.

(Ord. No. 2021-05, 6-21-2021)

(a)

Domestic and recreational vehicles. An owner of a domestic or recreational vehicle may park or store such vehicle on his private residential property, subject to the following limitations:

(1)

At no time may the vehicle be occupied or used for living, sleeping, or housekeeping purposes except as allowed in accordance with subsection (c) below.

(2)

At no time may the vehicle be connected to any utility service except as allowed in accordance with subsection (c) below.

(b)

Commercial vehicles.

(1)

The parking of a tractor in any residential district is permitted, but the parking of trailers or tractor-trailer combinations in any residential district is prohibited, except where such vehicles are located within entirely enclosed structures which meet the regulatory requirements for the applicable zoning district. This requirement shall not be interpreted to prohibit vehicles from loading and unloading in any residential area for a period less than 24 hours. The parking of commercial truck-trailers in residential districts for use as permanent storage is prohibited.

(2)

The parking of other commercial vehicles used as the primary means of transportation to and from the work site and/or the off-site business location is allowed in a residential district.

(3)

If a commercial vehicle is parked and stored outside of an enclosed garage, it must be parked or stored 20 feet or more from any street line, and five feet or more from any interior lot line.

(c)

Recreational vehicle temporary use permit. A temporary permit for the placement of a recreational vehicle is allowed in all residential zoning districts in accordance with the following standards:

(1)

The principal occupied structure was destroyed by an act of God, including, but not limited to, a fire, tornado, hurricane, and a temporary permit for a recreational vehicle is necessary to allow the owner to live on the property during the reconstruction of the principal structure.

(2)

A visual inspection will be conducted by the county to determine that the home is rendered uninhabitable prior to the issuance of a temporary recreational vehicle permit.

(3)

Electrical connections must be made in accordance with the building code.

(4)

Permits are valid for one year. Under extenuating circumstances, the planning director has the authority to grant an extension.

(Ord. No. 2021-05, 6-21-2021)

(a)

The minimum lot size must be two acres.

(b)

All grinding operations must have an approved driveway permit from the NCDOT.

(c)

All traffic areas, including entrances and exits, within the area of operation must be graveled or covered with a similar dust reduction material. Storage areas for mulch, dirt, wood waste or other similar materials need not be graveled.

(d)

No grinder, screener or other similar equipment shall be located within 500 feet of any residential dwelling with the exception of the owner's or applicant's own residential dwelling. The detailed site plan must include a footprint demonstrating where the equipment will be located in relation to dwellings located on adjoining properties.

(e)

Any grinder, screener, or similar equipment must be located a minimum of 50 feet from any property or road right-of-way lines. Any mulch, dirt, wood waste, or other similar material stored on the property must be setback from any right-of-way or property lines in accordance with the setback required for a principal structure (see table 44-404-1).

(f)

Retention of existing vegetation must be maximized to the extent practicable to buffer the operation from adjoining property or road rights-of-way and to serve as a noise and dust barrier. Where vegetation does not exist, a combination of a berm and landscaped buffer to achieve an initial screen of ten feet must be installed which will achieve 75 percent opacity within two years.

(g)

The grinding operation must comply with any applicable regulations enforced by the state department of environment and natural resources. These include, but may not be limited to, those laws under the divisions of waste management and air quality. Copies of all materials submitted to the state, either as part of a notification or a permit application, must be submitted to the county.

(Ord. No. 2021-05, 6-21-2021)

Garage, yard, tag, patio, estate and apartment sales are permitted as an accessory use in all residential districts. A maximum of four sales are permitted during each 12-month period. Each sale cannot last more than three days.

(Ord. No. 2021-05, 6-21-2021)

(a)

A class B (singlewide) manufactured home meeting appearance criteria can be temporarily located on a parcel, if it is located within the DWMH-O, for a period of two years, in association with an active building permit and construction of a stick built principal dwelling.

(b)

The manufactured home must meet the principal structure setbacks as required in table 44-404-1.

(c)

A temporary certificate of occupancy may be issued, for a period of 60 days, during the transition of moving out of the singlewide and into the permanent dwelling unit; however, a final certificate of occupancy will not be issued until the singlewide is removed from the site.

(d)

At the time permanent power is connected to the new stick-built dwelling, power must be disconnected to the singlewide.

(e)

Doublewide manufactured homes would not be allowed due to their more permanent nature as compared to singlewide manufactured homes.

(Ord. No. 2021-05, 6-21-2021)

(a)

The following are allowed to be used as an accessory dwelling unit/guesthouse:

(1)

Stick-built home meeting all applicable sections of building code;

(2)

Modular home meeting all applicable sections of building code; or

(3)

Class A or B (double-wide/multisection or single-wide) manufactured home subject to:

a.

A lineal family member or sibling use; and

b.

Parcel must be located within the DWMH-O district.

(b)

The use must comply with all requirements of the county division of environmental health, for on-site sewage and well regulations.

(c)

A detached accessory dwelling unit shall be permitted as an accessory to any detached primary single-family dwelling unit. A manufactured home may be considered a primary residence only if it is categorized as real estate by the Catawba County Tax Office, as opposed to personal property. The accessory dwelling unit must be clearly subordinate to the principal structure.

(d)

No more than one accessory dwelling unit shall be permitted on a single deeded lot in conjunction with the principal dwelling unit.

(e)

The accessory dwelling unit and the principal dwelling must be owned by the same person. The owner must reside in one of the dwellings or on an adjacent parcel.

(f)

Accessory dwelling units must adhere to the maximum permitted height requirement for the zoning district.

(g)

Unless the accessory dwelling unit is accessed from a different road or street than the principal structure, the accessory dwelling unit must share a driveway with the principal structure.

(h)

Where a stick-built or modular unit is the principal dwelling, the accessory dwelling unit must not exceed 650 square feet or 50 percent of the gross heated floor area of the principal dwelling, whichever is greater.

(i)

Where a manufactured home is the principal dwelling, the accessory dwelling unit must occupy less than the square footage of the principal dwelling.

(j)

The accessory dwelling unit may be combined with a garage, workshop, etc.

(k)

An accessory dwelling unit must adhere to the principal setbacks for the district.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applies to R-80 and R-40 zoning districts only.

(b)

All buildings must meet the minimum principal setbacks for the district.

(c)

The parcel must be a minimum of ten acres.

(d)

The winery cannot be located in a major subdivision.

(e)

The winery building(s) is allowed as a principal structure.

(Ord. No. 2021-05, 6-21-2021)

(a)

All structures and security fencing must meet a 100-foot front setback measured from the edge of the rights-of-way and 50-foot side and rear setbacks.

(b)

A landscape buffer/screen along all exterior sides of the security fence must consist of:

(1)

On-site mature vegetation exists at a minimum height of ten feet and depth of 75 feet between the security fence and adjacent property including rights-of-way; or

(2)

A single row of evergreens in combination with mature vegetation, installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years; or

(3)

A double row of off-set evergreens absent mature vegetation, installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years; or

(4)

A berm combined with evergreen vegetation installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years.

(c)

Where visibility of the solar farm is increased due to topography, the landscape buffer/screen must be planted on-site in an area that lessens the view of the solar farm. Where visibility of the solar farm is decreased due to topography, the landscape buffer/screen may be reduced. Both shall be determined by the planning director.

(d)

All solar panels must be constructed to minimize glare or reflection onto adjacent properties and adjacent roadways and must not interfere with traffic or create a safety hazard.

(e)

The applicant must secure all necessary approvals and/or permits from NCDOT for the access points for project entrances prior to issuance of a zoning authorization permit.

(f)

All construction parking must be located outside of the rights-of-way.

(g)

Erosion control measures must be installed at construction entrances in order to minimize off-site soil damage. Existing grass must be maintained in perpetuity sufficient to prevent erosion.

(h)

The applicant must provide written authorization from the local utility company acknowledging and approving connection to the utility company's grid.

(i)

A warning sign concerning voltage must be placed at the main gate to include the name of the solar farm operator and a local phone number for the solar farm operator in case of an emergency.

(j)

Power transmission lines must be located underground to the extent practical.

(k)

A security fence equipped with a gate and a locking mechanism must be installed at a minimum height of eight feet along all exterior sides of the solar farm. Landscape buffer/screens, ground cover, security fences, gates, and warning signs must be maintained in good condition until the solar farm is dismantled and removed from the site.

(l)

The zoning authorization permit is subject to revocation if the planning department is not notified when the solar farm company holding the permit sells or otherwise transfers its interest to another entity or individual.

(m)

Removal of solar farm equipment and site restoration:

(1)

The application must include decommissioning plans that describe the anticipated life of the solar farm, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the solar farm project will be decommissioned and the site restored.

(2)

Following a continuous six-month period in which no electricity is generated, the permit holder will have six months to complete decommissioning of the solar farm. Decommissioning includes removal of solar panels, buildings, cabling, electrical components, and any other associated facilities below grade as described in the approved decommissioning plan.

(3)

Prior to the issuance of a zoning compliance certificate, the applicant must provide the county with a performance guarantee as provided in subsection (5) below. For the first ten years of the solar facility's life, the amount of the guarantee shall be 1.25 times the estimated decommissioning cost minus 50 percent the salvageable value, or $75,000.00, whichever is greater. Estimates for decommissioning the site and salvage value shall be determined by a North Carolina licensed engineer or a licensed contractor. It is the responsibility of the applicant to provide the county with the certified cost estimate.

(4)

An updated decommissioning plan providing decommissioning costs and salvageable values is required at the ten-year mark and every five years thereafter. A new performance guarantee in the amount of 1.25 times the updated decommissioning cost minus 50 percent of the salvageable value, or $75,000.00, whichever is greater is required.

(5)

The following types of performance guarantees are permitted:

a.

A surety or performance bond that renews automatically, includes a minimum 60-day notice to the county prior to cancellation, is approved by the planning director, and is from a company on the U.S. Department of Treasury's listing of certified companies. A bond certificate must be submitted to the planning department each year verifying the bond has been properly renewed.

b.

A certified check deposited with the county finance director, as escrow agent, who will deposit the check in an interest-bearing account of the county, with all interest accruing to the applicant. Funds deposited with the county finance director will be returned when the solar farm is decommissioned and any necessary site restoration is completed.

c.

A no-contest irrevocable bank letter of credit from a banking corporation licensed to do business in the state. The terms of the letter must include the absolute right of the county finance director to withdraw funds from the bank upon certification by the county manager that the terms and conditions of the performance guarantee have been breached. The letter of credit must be valid up to 12 months from the date the performance guarantee was approved.

(6)

The full amount of the bond, certified check, or letter of credit must remain in full force and effect until the solar farm is decommissioned and any necessary site restoration is completed.

(7)

The land owner or tenant must notify the county when the site is abandoned.

(Ord. No. 2021-05, 6-21-2021)

Purpose: A back yard business, by its very nature, is a "low" intensive use occupying an accessory structure(s) and in general includes skilled hand labor, such as independent artisans, craftsmen, and small-scale repair shops. It is intended to operate in a rural environment and may be located in any residential district, recognizing that certain residential and nonresidential uses can coexist on the same parcel. Adequate standards should be in place to mitigate adverse impacts to adjacent residential uses. The services or products provided by the back yard business may be on or off site. The back yard business, like the home occupation, is intended to be a small noninvasive business. If the business grows beyond the point of complying with the regulations below, the use may be better suited as a cottage business or within a commercial location.

The NAICS document (current edition), supplemental to the UDO, will be utilized in helping staff make interpretations of permitted uses allowed within a back yard business when not specifically listed under this section. Compliance must be in accordance with the standards listed in this section.

(1)

Back yard businesses are permitted in all residential districts, provided that they meet the requirements of subsection (2) below. Certain categories may be allowed including but not limited to:

a.

All uses allowed as a home occupation;

b.

Cabinet and woodworking shops;

c.

Furniture upholstery; and

d.

Household repair and maintenance (white goods and small appliances).

(2)

The following specific standards shall apply:

a.

One nonilluminated sign is permitted, with a surface area not to exceed four square feet. The height, including the supporting structure, shall not exceed four feet.

b.

Only one person is permitted to work on the site of the back yard business, other than those residing on the property.

c.

Back yard businesses established:

1.

After effective date of this regulation (November 16, 2009):

i.

Shall be located in accessory structures which conform to the principal setbacks for the zoning district.

ii.

May occupy an aggregate area equivalent to no more than 50 percent of the primary residence.

2.

Prior to the effective date of this regulation (November 16, 2009):

i.

May be located in accessory structures which conform to the accessory setback for the zoning district.

ii.

Not subject to subsection (2)c.1 above, however any additional square footage associated with the business cannot exceed an aggregate area of more than 50 percent of the primary residence.

iii.

Not subject to subsection (2)a above.

d.

Back yard businesses are not permitted in approved major subdivisions.

e.

All equipment, raw materials, machinery, equipment or future job units waiting for assembly or repair shall be stored within the back yard business structure.

f.

A manufactured home cannot be used as a detached back yard business.

g.

Businesses that utilize power tools, air compressors, and other machinery must be conducted entirely within an enclosed structure.

h.

No outside display of product(s) is allowed.

i.

All back yard businesses shall have adequate land area to accommodate customer parking outside of public and private rights-of-way.

j.

The following single-motor vehicles, excluding trailers, associated with a back yard business are permitted to be parked or stored outside, on the site of the back yard business:

Dump truck;

Box truck;

Bucket truck;

Pump truck; and

Tow trucks.

k.

Only one commercial vehicle per employee up to a maximum of three associated with the back yard business, are allowed to be parked or stored on the site of the back yard business. No more than two commercial vehicles associated with the business use are allowed to be parked or stored in the front or side yard.

(Ord. No. 2021-05, 6-21-2021)

(a)

The intent of the board of commissioners is to create, and from time to time amend, a list of special uses within the table of permitted and permissible uses which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation.

(b)

In addition to the listing of such uses, the board of commissioners intends that the general standards, established in section 44-328, and the more-specific requirements established in this article shall be used by the board of adjustment when considering applications for the approval of special uses.

(Ord. No. 2021-05, 6-21-2021)

The application for approval of a special use must meet the requirements of section 44-328.

(Ord. No. 2021-05, 6-21-2021)

All special uses must meet the landscaping buffers, screening, signage and parking regulations in article V or the specific standards for the individual special use, if noted. Access to and from the special use site must comply with NCDOT standards for a driveway connection permit. The following sections contain standards applicable to each individual special use.

(Ord. No. 2021-05, 6-21-2021)

(a)

All windows, doors, and entries for all adult uses must be located, covered, screened, or otherwise treated so that any view of the interior of the establishment are not possible from any public or semipublic area, street, or way.

(b)

No adult use shall be located within a 1,000-foot radius of another adult use. Distance shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel.

(c)

No adult use shall be located within 500 feet of any adjacent residential property.

(d)

Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this chapter or the laws of the county or state.

(Ord. No. 2021-05, 6-21-2021)

(a)

No airstrip/runway/taxiway shall be located on a parcel of land less than ten acres.

(b)

Proof in writing of compliance with all FAA and NCDOT regulations.

(c)

The minimum length for the landing strip, approach zones and other land and air space criteria must comply with FAA and NCDOT regulations.

(d)

No structure can be located within the area identified in subsection (c) above.

(e)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

The kennel facility must have a minimum lot size of ten acres.

(b)

All activities, with the exception of animal exercise areas, must be conducted within an enclosed building.

(c)

A 300-foot separation must be maintained between the kennel, which includes any exercise area, and any property line.

(d)

The disposal methods for wastes generated must be reviewed and approved by the county division of environmental health.

(e)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

Front, rear, and side setbacks for the stable structure must be a minimum of 50 feet.

(b)

Parking must be provided at a ratio of one parking space for every five stalls.

(c)

The operator of the stable must be responsible for using good management practices to discourage undesirable odors and insects.

(d)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

The site must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(b)

A minimum lot size of 40,000 square feet shall be provided.

(c)

No external evidence of retail sales shall be permitted.

(d)

The light source of outdoor lighting fixtures shall not be directly visible from property outside the zoning lot on which the fixture is located.

(e)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

All required off-street parking must be located outside of required setbacks. Parking must be in accordance with article V, division 5, with the exception that the parking area does not have to be lined.

(b)

No more than four bedrooms may be devoted to guest accommodations.

(c)

The operators must be full-time residents of the premises.

(d)

One nonilluminated sign, no more than four square feet, is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

Group camp facilities can be operated for a profit or nonprofit basis. Standards are as follows:

(1)

The minimum size for a group camp facility is five acres.

(2)

Each group camp must provide a minimum of one-fourth acre per person camping.

(3)

All buildings and areas for organized recreational use must be set back a minimum distance of 100 feet from any exterior property line.

(4)

Cabins must be at least 75 feet, but no more than 150 feet, from toilet facilities.

(5)

Interior roads must be paved.

(6)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(b)

Campgrounds or recreational vehicle parks providing sites for tents and recreational vehicles.

(1)

The minimum size for a campground or recreational vehicle park is five acres.

(2)

A minimum of 1,500 square feet of area must be provided for each tent, cabin or vehicle space.

(3)

All buildings, tent spaces, and vehicle spaces must be set back a minimum distance of 100 feet from any exterior property line.

(4)

A sanitary source of drinking water must be at least 200 feet, but no more than 400 feet, from toilet facilities. A bathhouse may not be more than 1,500 feet from any tent or vehicle space. This does not apply where public water and sewer connections are provided to vehicles having self-contained kitchens and bathroom facilities.

(5)

A minimum of 1,500 square feet of area per tent, cabin or vehicle space must be provided for active or passive recreation.

(6)

Interior roads must be paved.

(7)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

A paved semicircular driveway, 20 feet in width with a minimum inside radius of 20 feet.

(b)

A fenced outdoor play area for children must be placed in the rear or side yard.

(c)

Uses designed to accommodate more than 30 patrons must have:

(1)

Frontage on a minor collector road or higher classification as shown on the county thoroughfare plan or a minor thoroughfare or higher classification as shown on the urban transportation plan.

(2)

A minimum lot size of 40,000 square feet shall be required.

(3)

An improved impervious walkway connecting a child care facility to the street where buses may drop off school children.

(d)

The design, intensity, and scale of the child and adult care center must be compatible with surrounding land uses and zoning.

(e)

All state rules and requirements must be met.

(f)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

The facility must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(b)

There must be a minimum lot size of 40,000 square feet with a minimum road frontage of 150 feet.

(c)

Front, rear, and side setbacks shall be a minimum of 50 feet.

(d)

One nonilluminated sign with a maximum area of 16 square feet and a maximum height of four feet from the ground.

(Ord. No. 2021-05, 6-21-2021)

(a)

Cemetery, human beings, public.

(1)

All requirements of state law regarding the interment of human dead must be met.

(2)

A minimum lot size of five acres shall be provided.

(3)

There must be adequate space within the site for the parking and maneuvering of funeral corteges.

(4)

Interments must be at least 30 feet from any property line.

(5)

All structures must be set back a minimum of 25 feet from any property line and cannot be placed in any required setbacks.

(6)

All structures over 25 feet in height must be set back a minimum of 25 feet plus two feet for each one foot of height over 25 feet to the maximum height permitted by the zoning district in which it is located or 50 feet, whichever is more restrictive.

(7)

Church cemeteries are exempt from these special use requirements and are accessory to the use of the church.

(8)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(b)

Cemetery, pet.

(1)

All applicable federal and state regulations governing animal cemeteries must be met.

(2)

A minimum lot size of 40,000 square feet shall be provided.

(3)

Interments must be at least 30 feet from any property line.

(4)

All structures shall be set back a minimum of 25 feet from any property line and cannot be placed in any required setbacks.

(5)

All structures over 25 feet in height must be set back a minimum of 25 feet plus two feet for each one foot of height over 25 feet to the maximum height permitted by the zoning district in which it is located or 50 feet, whichever is more restrictive.

(6)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

A minimum lot size of five acres.

(b)

The facility may only be used by organized groups for educational or recreational purposes.

(c)

All setbacks must be at least 100 feet.

(d)

The facility must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(e)

The light source of outdoor lighting fixtures must not be directly visible from property outside the zoning lot on which the fixture is located.

(f)

The facility must meet county division of environmental health regulations.

(g)

One non-illuminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

A minimum lot size of 40 acres.

(b)

The facility must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(c)

The light source of outdoor lighting fixtures must not be directly visible from property outside the zoning lot on which the fixture is located.

(Ord. No. 2021-05, 6-21-2021)

(a)

The use must not be located within 2,640 feet of any residence.

(b)

All state and federal requirements must be met.

(c)

A projectile-proof backstop, consisting of concrete, steel, earth, or any combination, at least 15 feet high must be erected and maintained behind all target areas.

(Ord. No. 2021-05, 6-21-2021)

(a)

There must be a minimum of at least five acres fronting along a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(b)

All area used for vendors and aisles must be paved.

(c)

Front, rear and side setbacks must be a minimum of 60 feet.

(d)

Evidence must be presented that the requirements and standards of the county division of environmental health have been met.

(Ord. No. 2021-05, 6-21-2021)

(a)

The use must provide for all required off-street parking and loading on private property.

(b)

The use must have frontage on a state road.

(c)

No sales or display activity can be located on public land or within state road right-of-way.

(d)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

Where the designated area of the landfill is less than two acres, a special use permit is required by the county with notification to the state. Where LCID landfills are two acres or larger, a special use permit is required by the county and a state permit is required. Only one LCID is permitted per parcel.

(b)

The facility may only be used for the purpose of disposal of land-clearing debris, concrete, brick, concrete block, uncontaminated soil, used pavement asphalt, gravel or rock, untreated or unpainted wood, or yard waste. The facility may not be used for the disposal of construction or demolition debris.

(c)

The landfill must be located out of the 100-year floodplain and not in a wetland, as defined by section 404(b) of the Clean Water Act.

(d)

The landfill must be 100 feet from any property line.

(e)

The landfill must be 100 feet from any residential dwelling or commercial or public building.

(f)

The landfill must be 100 feet from any well.

(g)

The landfill must be 50 feet from all surface waters.

(h)

The landfill must be placed above the seasonal high groundwater table.

(i)

The applicant must furnish a certified soil analysis, prepared by a soil scientist, indicating that the proposed landfill will be located above the seasonal high water table and if located where proposed, will provide adequate separation from any source of groundwater to protect the groundwater from contamination.

(j)

The facility must be adequately secured by means of gates, chains, berms, or fences.

(k)

A sign, with minimum letter size of four inches, must be posted at the entrance stating "Authorized Persons Only" and "No Trespassing—Keep Out."

(l)

A survey map of the property must be prepared by a registered land surveyor. The survey map must be either eight and one-half inches by 11 inches or eight and one-half inches by 14 inches. The map must show the following:

(1)

Name of the owner, property lines, north arrow, scale, bearings and distances taken from the deed.

(2)

Disposal area delineated which meets all setback noted above.

(3)

Certification and seal of the registered land surveyor or registered engineer.

(4)

The review officers' certificate to be signed by a county review officer. A memorandum of the land-clearing and inert debris landfill along with an attached survey map delineating the landfill must be recorded at the office of the county register of deeds. After the documents are recorded, a copy must be furnished to the county planning office.

(m)

Adequate soil cover must be applied monthly, as inspected by the utilities and engineering department. The final cover must be a minimum of two feet of compacted earth properly graded with establishment of suitable vegetative cover.

(n)

The permit shall be issued for not more than five years. After the five-year period, the landfill must be properly closed or another LCID application must be submitted and approved.

(o)

A LCID landfill permit must be obtained from the county.

(p)

The facility must meet be permitted and operated in accordance with the state solid waste management rules.

(q)

The applicant must agree to make the facility available for unannounced periodic inspections by county or state officials.

(r)

The facility or practices must no cause or contribute to the taking of any endangered or threatened species of plants, fish or wildlife.

(s)

The facility or practices must not damage or destroy an archaeological or historical site.

(t)

Open burning of solid waste is prohibited.

(Ord. No. 2021-05, 6-21-2021)

(a)

All operations must be located to prevent hazards to navigation.

(b)

Open storage of equipment, materials, and/or supplies associated with business operations is prohibited.

(c)

Dry storage of boats, trailers and other watercraft is allowed, but must not be visible from any adjacent less-intensive use of land or any public right-of-way.

(d)

Dry-storage facilities that store boats or marinas that moor boats for living purposes which have marine sanitation devices (MSD) must provide a pumpout facility.

(e)

Marinas that provide a boat launch site must set back the launch site 50 feet from the side property line.

(f)

Marinas or dry-storage facilities that provide a boat launch must install low impact development storm water management devices. See section 44-428, Catawba River Corridor overlay (CRC-O) district.

(g)

Watercraft sales are permitted.

(h)

The height of a dry-storage facility cannot exceed the height limitations of the underlying zoning district and must be setback 50 feet from any residential zoned side property line.

(i)

Assembling of seawalls, docks and piers except for the express use of the marina facility is strictly prohibited.

(j)

A minimum of seven acres is required when a campground is planned as part of a marina.

(k)

Dry-storage facilities should be sited with the open storage bays shielded from adjoining properties, to the extent feasible. The dominant exterior building color of the dry-storage facility should be chosen to blend in with the natural surroundings.

(l)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

The facility must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(b)

The light source of outdoor lighting fixtures must not be directly visible from property outside the zoning lot on which the fixture is located.

(c)

All required setbacks must be 40 feet.

(d)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

Two copies of a completed mining application form and an approved mining permit from the state department of environment, health and natural resources, land quality section.

(b)

An operation plan, which must include the following:

(1)

The date proposed to commence operations and their expected duration.

(2)

Proposed hours and days of operations.

(3)

Estimated type and volume of extraction.

(4)

Description of method of operation, including the disposition of topsoil, overburden, and byproducts.

(5)

Description of equipment to be used in the extraction process.

(6)

Any phasing of the operation and the relationship among the various phases.

(7)

Operating practices to comply with the performance standards applicable to the operation.

(c)

For mining activities, not including sand, soil and clay, the following specific standards must be used in deciding an application for approval of a special use permit:

(1)

The permanent roads, defined as those to be used in excess of one year, within the excavation site shall be surfaced with a dust-free material from the nearest public road to the yard area. Also all permanent roads within 300 feet of any residentially zoned land should be treated the same.

(2)

Roads, other than permanent roads, must be treated with dust inhibitors, such as water wagons, to reduce the generation of dust.

(3)

Where the proposed extraction takes place within 300 feet of a dwelling, school, church, hospital, or commercial or industrial building, public building, or public land, a security fence at least six feet high must be installed.

(4)

An undisturbed buffer of a minimum of 100 feet must be maintained around the mining activity at all times, excluding entrance roads.

(5)

No off-site refuse may be dumped on site unless a permit has been issued by the state division of solid waste management for such an activity.

(Ord. No. 2021-05, 6-21-2021)

(a)

The facility must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(b)

A minimum lot size of 40,000 square feet is required.

(c)

Retail sales are limited to five percent of the total usable floor area of the use.

(d)

No external evidence of retail sales is permitted.

(e)

The light source of outdoor lighting fixtures must not be directly visible from property outside the zoning lot on which the fixture is located.

(f)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(g)

The board of adjustment may grant a special exception for the pavement of parking spaces if graveled spaces would better preserve the historic character of the property.

(Ord. No. 2021-05, 6-21-2021)

(a)

The site must have at least 150 feet fronting along a state-maintained road.

(b)

The minimum lot size must be 40,000 square feet and a maximum of 120,000 square feet, or a detailed site plan showing a maximum square footage dedicated to the business. Areas dedicated to growing plant products or a house site are not included in this calculation.

(c)

All vehicles and/or equipment must be stored in an enclosed building.

(d)

Front, rear, and side setbacks must comply with the minimum required setbacks for the zoning district, but must at least be a minimum of 40 feet.

(e)

Maximum lot coverage for structures may not exceed 30 percent.

(f)

Mulch and gravel piles, etc., must be located out of the front, rear and side setbacks. If the mulch and gravel piles, etc. are stored in the front or side, they must not be visible from the state maintained road or adjacent properties.

(g)

The board of adjustment may grant a special exception for the pavement of parking spaces.

(h)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

Facilities exceeding 200 square feet must meet:

(1)

The landscape buffer, screening and parking regulations in article V; and

(2)

Fifty-foot front, rear and side setbacks.

(Ord. No. 2021-05, 6-21-2021)

(a)

The facility must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(b)

All required setbacks are a minimum of 40 feet.

(c)

A minimum lot size of 20,000 square feet is required.

(d)

The light source of outdoor lighting fixtures must not be directly visible from property outside the zoning lot on which it is located.

(e)

No business activities may be conducted on the site.

(f)

Waterfront public access sites must install low impact development storm water management devices. See section 44-428, Catawba River Corridor overlay (CRC-O).

(Ord. No. 2021-05, 6-21-2021)

(a)

A minimum lot size of five acres must be provided.

(b)

All required setbacks are 100 feet.

(c)

The facility must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(d)

The board of adjustment may grant a special exception for the pavement of parking spaces.

(e)

The light source of outdoor lighting fixtures must not be directly visible from property outside the zoning lot on which it is located. All lighting must be shown on the detailed site plan with applicable typical diagrams.

(f)

No alcohol is permitted on the premises.

(g)

Electronic sound amplification is not permitted.

(h)

Proof of commercial insurance is required.

(i)

The requirements and standards of the county division of environmental health must be met for adequate sewage disposal facilities and water.

(j)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

The use must provide for all required off-street parking and loading on private property.

(b)

The use must have frontage on a state road.

(c)

No sales or display activity can be located on public land or within state road right-of-way.

(d)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(Ord. No. 2021-05, 6-21-2021)

(a)

Minimum lot size is ten acres.

(b)

The facility must have frontage on a major collector road or higher classification as shown on the county thoroughfare plan or a major thoroughfare as shown on the urban area transportation plan.

(c)

The light source of outdoor lighting fixtures must not be directly visible from property outside the zoning lot on which the fixture is located.

(d)

Paved parking spaces are required as follows:

(1)

One space for each three persons able to use the facility at its maximum capacity.

(2)

Plus ten waiting spaces.

(3)

Plus one parking space for each two employees.

(e)

All required setbacks are 100 feet.

(f)

One nonilluminated sign with a maximum area of 16 square feet is permitted.

(g)

No more than 25 percent of any area under roof, exclusive of animal containment areas, may be dedicated to retail sales.

(Ord. No. 2021-05, 6-21-2021)

Purpose: The county promotes economic development and supports the entrepreneurial spirit and valuable role that small businesses play. A cottage business may be located in any residential district, recognizing that certain residential and nonresidential uses can coexist on the same site or adjacent to each other. It is further recognized that cottage businesses will not adversely impact adjacent residential uses, provided certain standards are in place. By its very nature, the cottage business is a "moderate" intensive use occupying the principal structure and/or an accessory structure or on an adjacent property. The services provided by the cottage business may be on or off site. The cottage business is intended to be a non-invasive business and should not compromise the health, safety, welfare, the quiet enjoyment of surrounding properties or contribute to diminishing property values. When the business grows beyond the point of meeting the regulations below, the business will have to move to a more appropriate commercial or industrial location.

The NAICS document (current edition) is made a part of the UDO and will be utilized in helping staff make interpretations of permitted cottage businesses used when not specifically listed under this section. If the planning director determines that the use may be incompatible with the spirit and intent of this chapter, the director may refer to the BOA for an interpretation. Compliance must be in accordance with the special use general and supplemental standards.

(1)

Cottage businesses are permitted in all residential districts, provided that they meet the requirements of subsection (2) below. Certain categories may be allowed including but not limited to:

a.

All uses allowed as a home occupation or back yard business;

b.

Commercial machinery repair and maintenance;

c.

Contractors—Specialty trades, such as:

•

Drywall contractors;

•

Electrical contractors;

•

Masonry contractors;

•

Painting contractors;

•

Plumbing contractors;

•

Residential, commercial and industrial building construction contractors;

•

Roofing contractors.

d.

Upholstery (full-service).

(2)

The following specific standards shall be used in deciding an application for approval of a cottage business:

a.

The cottage business must not alter the residential character of the parcel/neighborhood.

b.

The use shall not generate more than 50 average daily trips (ADT) per day as determined by the current Institute of Transportation Engineers (ITE) Trip Generation Manual.

c.

The business must be operated by the landowner living on the site or on an adjacent parcel.

d.

Such use may be carried out in an accessory building(s) on the same lot or on a lot adjacent to the principal dwelling owned and occupied by the same person. A manufactured home may be considered a principal dwelling only if it is categorized as real estate by the county tax office, as opposed to personal property.

e.

A manufactured home cannot be used as a detached cottage business.

f.

The parcel occupied by the cottage business must be a minimum lot size of one acre.

g.

Only one cottage business is permitted per lot.

h.

No more than two persons shall work on the site of the cottage business, other than those residing on the property.

i.

New accessory structures constructed for a business use established after the adoption of this section (February 6, 2007) must meet front, rear, and side principal setbacks based on the zoning district in which the use is located. A previously established business use located within an existing structure must meet the setbacks for an accessory structure.

j.

The site shall front along a dedicated 45-foot ROW and must meet the lot frontage requirements at the time the lot was created.

k.

The area of the site, where the business use is conducted, must be screened from the view of adjacent residential properties in accordance with subsection 44-523(f). Screening and buffering requirements can be altered by the board of adjustment at the time the special use permit is issued. Also, additional screening and buffering may be required at a later date if the business intensifies, in order to protect the health, safety and general welfare of the new residents of the surrounding area, subject to an amendment to the original special use permit.

l.

The detached business accessory structure shall be located in the side or rear yard if located on the same lot as the primary dwelling.

m.

The area devoted for the business use cannot occupy more than 75 percent of the square footage of the principal dwelling structure associated with the business, which is located on the business parcel or on the adjacent parcel.

n.

All equipment shall be stored in an enclosed building.

o.

Raw materials, machinery, equipment or future job units waiting for assembly or repair shall be stored within the structure.

p.

Outside storage is prohibited.

q.

One nonilluminated sign is permitted, with a surface area not to exceed four square feet. The height, including the supporting structure shall not exceed four feet.

r.

Off-street parking shall be provided for all employees, with an additional maximum of five spaces for clients. The surface must at a minimum consist of crushed stone, or grasscrete.

s.

Off-street parking for the business use in an accessory structure shall be located in the side or rear of the dwelling unit. Off street parking for the business use on an adjacent parcel may be located in the front, side or rear of the business structure.

t.

The perimeter of the parking area shall be landscaped in accordance with subsection 44-523(d). The board of adjustment may alter the parking area landscaping requirement based upon, but not limited to, location of the parking area, existing vegetation, and distances from adjacent properties, provided that the existing vegetation meets or exceeds the requirements of subsection 44-523(d).

u.

Only one commercial vehicle per employee up to a maximum of four associated with the cottage business, are allowed to be parked or stored on the site of the cottage business. No more than two commercial vehicles associated with the business use are allowed to be parked or stored in the front or side yard.

v.

The following single-motor vehicles, excluding trailers, associated with a cottage business are permitted to be parked or stored outside, on the site of the cottage business:

Dump truck;

Box truck;

Bucket truck;

Pump truck; and

Tow trucks

w.

No vehicle for the primary purpose of advertising may be displayed in the front or side yard of the business.

x.

The use shall comply with all applicable federal, state and local regulations including applicable building codes.

y.

Cottage businesses are not permitted in approved subdivisions of more than three lots.

(Ord. No. 2021-05, 6-21-2021)

The following standards shall be used in deciding applications for approval of an animal hospital/veterinary clinic:

(1)

A minimum lot size of five acres shall be required.

(2)

The maximum square footage of the animal hospital/clinic building shall be 8,000 square feet.

(3)

All activities, with the exception of the common animal exercise yards, shall be conducted within an enclosed building.

(4)

No individual outside runs shall be allowed.

(5)

Common exercise yards shall be no closer than 200 feet from an adjacent residential property line.

(6)

Buildings where animals are cared for or boarded shall be located no closer than 200 feet from an adjacent residential property line.

(7)

The veterinarian or caretaker of the business may occupy a residence on site as an accessory use.

(8)

A perimeter buffer, as defined in subsection 44-523(f), shall be provided.

(9)

The disposal methods for wastes generated shall be reviewed and approved by the environmental health section of the county health department.

(10)

Signage shall be limited to one nonilluminated sign with a maximum area of 16 square feet.

(Ord. No. 2021-05, 6-21-2021)

(a)

A minimum lot size of two acres is required.

(b)

Hours of operation, including the running of equipment, are limited to 7:00 am to 6:00 pm on weekdays.

(c)

Storage of spoil materials is limited to a maximum height of ten feet and must be screened to comply with section 44-527.

(d)

All landscaping requirements of section 44-523 must be met.

(e)

The board of adjustment may wave off-street parking requirements in section 44-534 based on the nature and size of the business or the topography of the site.

(f)

The use cannot be located in a major subdivision.

(g)

All state, federal and Duke Energy lake management permits must be obtained.

(Ord. No. 2021-05, 6-21-2021)

In addition to compliance with the submission requirements and regulations associated with all special uses, the following is required:

(1)

Two copies of a completed landfill permit application form from the solid waste management section of the division of health services.

(2)

A reclamation plan must be submitted with the application.

(3)

The landfill will be considered a LI/GI (light industrial/general industrial) use intensity as shown in table 44-523-1 to meet parcel perimeter requirements of subsection 44-523(f). If existing vegetation is used to meet the buffer requirements, as allowed in subsection 44-523(f)(3)b., the vegetative buffer must be 50 feet in width.

(4)

In addition to the parcel perimeter screening requirements of subsection 44-523(f) at property lines, the use must be screened from any rights-of-way.

(5)

The landfill must be set back 100 feet from any right-of-way or adjoining property line.

(6)

All applicable state and federal regulations must be met.

(Ord. No. 2021-05, 6-21-2021)

(a)

No person shall be permitted to site, place, build, construct, modify, collocate, substantially modify or prepare any site for the placement or use of wireless facilities and wireless support structures as of the effective date of this division (July 1, 2003) without having first obtained a zoning authorization permit for wireless facilities and wireless support structures. Notwithstanding anything to the contrary in this section, no zoning authorization permit under this division is required for those non-commercial exceptions noted in the definition of wireless facilities and wireless support structures.

(b)

The holder of a special use permit must notify the county of any intended changes that constitute an eligible facilities request or a substantial modification of a wireless telecommunication facility and apply to the county to modify, relocate or rebuild a wireless telecommunications facility. Nothing in this division shall be deemed to require an approval of a permit for maintenance of existing antennas or base station electronic equipment at a wireless transmission facility.

(c)

The collocation and/or shared use of antennas on existing wireless support structures or compatible use structures, such as utility poles, water towers, and other towers must comply with this division and are subject to administrative review by the county.

(d)

Construction of new wireless facilities and wireless support structures must comply with the requirements of this division.

(e)

All wireless facilities and wireless support structures existing on or before the date of adoption of this division (July 1, 2003) will be allowed to continue as they presently exist. If any modification to existing wireless facilities and wireless support structure is done, the entire wireless telecommunication facility must comply with section 44-685.16.

(f)

The maintenance of any components of a wireless facility, where the replacement is identical to the component being replaced, or that involve routine repair and maintenance of the facility is exempt from the review process. Maintenance, by definition cannot increase the height of the antennae or structure, increase the footprint of the facility, increase the weight load on the tower or structure or involve additional construction or site modification.

(g)

Facilities used exclusively for private, non-commercial radio and television reception and private citizen's bands, licensed amateur radio and other similar non-commercial telecommunications which are 90 feet or less in height are exempt from this division, except for meeting setback requirements shown in section 44-685.11.

(h)

State and federal applicants are exempt from the regulations in this division.

(i)

Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a,b,g services (i.e. Wi-Fi and Bluetooth) where the facility does not require a new tower or increase the structure height to which it is being attached.

(j)

Facilities used for non-profit fire and/or rescue departments, in conjunction with county emergency 911 operations are exempt from this division, except for meeting setback requirements shown in section 44-685.11. The facility can be exempted from setback requirements if the following conditions are met:

(1)

The adjacent landowner signs a written, notarized acknowledgment of their consent to the waiver of the setback;

(2)

The waiver is recorded at the register of deeds in both the grantor's and grantee's names, and a copy of the recorded document is given to the planning department; and

(3)

There is no dwelling located within the communication facility setback area.

(k)

The installation of battery backup systems to existing facilities, is exempt from this division, but must meet building inspection requirements.

(l)

Any and all representations made by the applicant on the record during the application process, whether written or verbal, will be deemed a part of the application and may be relied upon in good faith.

(m)

Micro wireless facilities and small wireless facilities located on utility poles and/or wireless support structures within NCDOT's right-of-way are exempt from this division.

(Ord. No. 2021-05, 6-21-2021)

ANSI. American National Standards Institute.

Abandoned towers. Towers which have no active telecommunications service providers on the tower, for a period of five or more years.

Accessory facility or structure. An accessory facility or structure serving or being used in conjunction with, and located on the same property or lot as the wireless facilities and wireless support structures, including but not limited to, utility or transmission equipment storage sheds or cabinets.

Alternative tower structure. Clock towers, sculptures, bell steeples, light poles and similar alternative-design mounting structures that conceal the presence of antennas or towers and are architecturally compatible with the area.

Applicable codes. The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with state or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

Applicant. Any person or entity submitting an application for a zoning authorization permit for wireless facilities and wireless support structures.

Application. A request that is submitted by an applicant to the county for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole outside of NCDOT's right-of-way, or wireless support structure.

American National Standards Institute (ANSI). The entity which sets the requirements by which existing towers are evaluated for ongoing safety.

Antenna. A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. This includes, but is not limited to radio, television, cellular, paging, personal telecommunications services (PCS), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the county's siting, building and permitting authority.

Base station. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies and other associated electronics.

BOA. Catawba County Board of Adjustment.

Board of commissioners (BOC). Catawba County Board of Commissioners.

Collocation. The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles outside of NCDOT's right-of-way, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term "collocation" does not include the installation of new utility poles, utility poles within NCDOT's right-of-way, or wireless support structures.

Commercial impracticability or commercially impracticable. The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project.

Completed application. An application that contains all information and/or data necessary to enable the county to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless facilities and wireless support structures on the county in the context of the permitted land use for the particular location requested.

Communications facility. The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.

Communications service. Cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), or wireless services.

Communications service provider. A cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.

DAS. Distributive access system.

Distributive access system (DAS). A technology using antenna combining technology allowing for multiple carriers or wireless service providers to use the same set of antennas, cabling or fiber optics.

Eligible facilities request. A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification. Replacing cable or antennas as upgrades to new technology is considered an eligible facilities request and is not considered routine maintenance.

EPA. State and/or Federal Environmental Protection Agency or its duly assigned successor agency.

Equipment compound. An area surrounding or near the base of a wireless support structure within which a wireless facility is located.

FAA. Federal Aviation Administration, or its duly designated and authorized successor agency.

Fall zone. The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

FCC. Federal Communications Commission, or its duly designated and authorized successor agency.

Free standing tower. A tower that is not supported by guy wires and ground anchors.

Geomorphologic study. A study that shows the structural relationship of the soils and the appropriateness of the soils for the foundation of a wireless telecommunication tower as designed.

Height. When referring to a tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.

Micro wireless facility. A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

Modification. The addition, removal or change of any of the physical and/or visually discernible components or aspects of a wireless facility or support structure. Modification includes both eligible facilities requests and substantial modifications.

Necessary. Technology that is required for the equipment to function, and that anything less will result in prohibiting or acting in a manner that prohibits the provision of service that is intended and described in the narrative of the application.

Person. Any individual, corporation, estate, trust, partnership, joint stock company, or association of two or more persons having a joint common interest.

Personal wireless facility. See definition for wireless facilities and wireless support structures.

Personal telecommunications service (PTS). Has the same meaning as defined and used in the 1996 Telecommunications Act.

Preexisting towers and antennas. Any tower or antenna on which a permit has been properly issued prior to the effective date of the ordinance (July 1, 2003) from which this definition is derived.

Radio or television transmitting facility and radio or television receiving facility. The use of land, buildings, or structures for the aboveground transmission or reception of airborne radio or television signals, including all transmitting and receiving towers, dishes and antennas, except accessory radio or television receiving antennas and dishes.

Routine maintenance. Includes activities associated with regular and general upkeep of transmission equipment including the replacement of existing wireless facilities with facilities of the same size.

Search ring. The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

Small wireless facility. A wireless facility that meets both of the following qualifications:

(1)

Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.

(2)

All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this sub-subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.

Special use permit. The official document or permit by which an applicant is allowed to file for a building permit to construct and use wireless facilities and wireless support structures as granted. The permit is revocable for cause.

Stealth technology. To use techniques and/or technology intended to minimize adverse aesthetic and visual impacts on, and harmonize with, the land, property, buildings, and other facilities in generally the same area as the requested location of such wireless facilities and wireless support structures, by using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances. Stealth technology includes such technology as DAS, or its functional equivalent of camouflage, where the tower is disguised to make it less visually obtrusive and not recognizable to the average person as a WTF.

Substantial modification. The mounting of a proposed wireless facility on a wireless support structure, including a collocation, that substantially changes the physical dimensions of the support structure. The mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below.

(1)

Increasing the vertical height of the structure by the greater of:

a.

More than ten percent; or

b.

The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.

(2)

Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower by a cable, adding an appurtenance to the body of the wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of:

a.

More than 20 feet, or;

b.

More than the width of the wireless support structure at the level of the appurtenance.

(3)

Increasing the square footage of the existing equipment compound by more than 2,500 square feet.

Telecommunications. The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

Telecommunication site. See definition for wireless facilities and wireless support structures.

Temporary. Something that exists or is intended to exist for fewer than 90 days.

Tower. Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.

Tower structure, alternative. Clock towers, sculptures, bell steeples, light poles and similar alternative-design mounting structures that conceal the presence of antennas or towers and are architecturally compatible with the area.

Towers and antennas, preexisting. Any tower or antenna on which a permit has been properly issued prior to December 16, 1996.

Utility pole. A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, or electricity, lighting, or wireless services.

Water tower. A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.

Wireless facility. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:

(1)

The structure or improvements on, under, within, or adjacent to which the equipment is collocated.

(2)

Wireline backhaul facilities.

(3)

Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider. Any person with a certificate to provide telecommunications service in the state who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.

Wireless provider. A wireless infrastructure provider or a wireless services provider.

Wireless services. Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.

Wireless services provider. A person who provides wireless services.

Wireless support structure. A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole within NCDOT's right-of-way is not a wireless support structure.

WTF. Wireless Telecommunications Facility.

(Ord. No. 2021-05, 6-21-2021; Ord. No. 2023-04, 6-19-2023)

A site visit is required, unless waived by the county. The purpose of the site visit is to address issues which will help to expedite the review and permitting process. The applicant will be provided a written or electronic copy of the instructions for completing an application before the site visit.

(Ord. No. 2021-05, 6-21-2021)

Any applicant or permittee (person party to the zoning authorization permit) desiring relief or exemption from any aspect or requirement of this division may request such from the county at a pre-application meeting, provided that the relief or exemption is contained in the original application for either a special use permit, or in the case of an existing or previously granted special use permit, a request for a substantial modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the county. However, the burden of proving the need for the requested relief or exemption is solely on the applicant to prove to the satisfaction of the county. The applicant must bear all costs of the county in considering the request and the relief is not transferable to a new or different holder of the permit or owner of the tower or facilities without prior written authorization from the county. Authorization will not be unreasonably withheld or delayed. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption will have no significant affect on the health, safety and welfare of the county, its residents or other service providers.

(Ord. No. 2021-05, 6-21-2021)

(a)

Shared use of existing wireless facilities and wireless support structures is preferred by the county, as opposed to the construction of a new telecommunications support facility. Where such shared use is unavailable, location of antennas on other pre-existing structures is preferred. The applicant must submit a comprehensive report inventorying existing towers and other appropriate compatible structures within the search ring of any proposed new tower site, unless the applicant can show that some other distance is more reasonable, outlining opportunities for the shared use of existing facilities and the use of other pre-existing compatible structures as a preferred alternative to new construction.

(b)

An application must address collocation as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the county why collocation is commercially or otherwise impracticable including if the owner of the tower is unwilling to enter into a contract for such use at fair market value. The county will require information necessary to determine whether collocation on existing structures is reasonably feasible.

(c)

An applicant intending to locate on an existing telecommunications tower or other compatible structure is required to document the intent of the existing owner to permit its use by the applicant.

(d)

Such shared use must consist only of the minimum antenna array technologically required to provide service primarily and essentially within the county, to the extent practicable, unless good cause is shown.

(Ord. No. 2021-05, 6-21-2021)

(a)

Applicants for wireless facilities and wireless support structures must locate, site and erect said wireless facilities and wireless support structures in accordance with the following priorities, one being the highest priority and four being the lowest priority.

(1)

On existing wireless support structures or compatible use buildings or structures;

(2)

On other industrial, commercial, or residential property, located outside a major subdivision;

(3)

In a major subdivision; and

(4)

In the mixed use overlay (MUC-O), on Bakers Mountain, on Anderson Mountain.

(b)

If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

(c)

An applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An application must address collocation as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the county why collocation is commercially or otherwise impracticable including if the owner of the tower is unwilling to enter into a contract for such use at fair market value. The county will require information necessary to determine whether collocation on existing structures is reasonably feasible.

(d)

An existing lease or lease option for a particular piece of property is not, in and of itself, grounds for locating a tower or wireless facility where the county deems it not to be in the best interest of the county and the public.

(e)

Notwithstanding the above, the county may approve any site within an area in the above list of priorities, provided that the county finds that the proposed site is in the best interest of the health, safety and welfare of the county and its inhabitants and will not have a negative effect on the nature and character of the community and neighborhood so long as it is consistent with state law.

(f)

The applicant must submit a written report demonstrating the applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected must be included with the application.

(g)

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the county may disapprove an application for any of the following reasons:

(1)

Conflict with safety and safety-related codes and requirements;

(2)

Conflict with traffic laws or adverse impact upon traffic needs or definitive plans for changes in traffic flow;

(3)

Adverse impact upon historic nature or character of a neighborhood or historical district provided an alternative location is available which serves the applicant's needs;

(4)

The use or construction of wireless facilities and wireless support structures, which are contrary to an already stated purpose of a specific zoning or land use designation;

(5)

The placement and location of wireless facilities and wireless support structures which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the county, or employees of the service provider or other service providers; or

(6)

Conflicts with the provisions of this division, state or federal law.

(h)

Notwithstanding anything to the contrary in this division, for good cause shown, such as the ability to utilize a shorter or less intrusive facility elsewhere and still accomplish the primary service objective stated on the application, the county may require the relocation of a proposed site. The existence of a lease that was entered into prior to the approval of an application does not constitute justification for the requested location.

(Ord. No. 2021-05, 6-21-2021)

(a)

The maximum permitted total height of a new tower is 120 feet above pre-construction ground level, unless it can be proven that additional height is necessary to provide service in the intended service area.

(b)

All new towers must be designed to structurally support a total of at least six wireless facilities similar in size, scope and weight to those of the initial carrier attaching to the tower.

(Ord. No. 2021-05, 6-21-2021)

(a)

Wireless facilities and wireless support structures cannot be artificially lighted or marked, except as required by law.

(b)

Wireless facilities must be constructed as a freestanding lattice or monopole structures. New guyed towers will not be permitted after November 19, 2007.

(c)

Towers must be of a galvanized finish or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings, as approved by the board of adjustment, and must be maintained in accordance with the requirements of this division.

(d)

For any wireless facility for which lighting is required under the FAA's regulations, or any legal requirements has lights attached, the lighting must be a fast flashing strobe, and include technology that enables the light to be seen as intended from the air, but that prevents the ground scatter effect so that it is not able to be seen from the ground to a height of at least 12 degrees vertical for a distance of at least one mile in a level terrain situation. Such device must be compliant with FAA regulations. A physical shield may be used with the strobe, as long as the light is able to be seen from the air, as required by the FAA.

(Ord. No. 2021-05, 6-21-2021)

All wireless facilities and wireless support structures and antennas must be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically:

(1)

All antennas, towers and other supporting structures, including guy wires, must be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and

(2)

Transmitters and telecommunications control points must be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

(Ord. No. 2021-05, 6-21-2021)

Wireless facilities and wireless support structures must contain signs to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities.

(1)

A sign on the equipment compound must contain the FCC registration site, the name(s) of the owner(s) of the facility as well as emergency phone number(s).

(2)

A sign must be on the equipment shelter or shed of each service provider and when possible, be located so as to be visible from the access point of the site and must identify the equipment shelter of the applicant. The sign must contain the name(s) of the owner(s) of the equipment as well as emergency phone number(s).

(3)

Signs cannot be larger than four square feet in area. Signs cannot be lit unless the lighting is required by applicable provisions of law. No other signage, including advertising, is permitted on any facilities, antennas, or antenna supporting structures, unless required by law.

(Ord. No. 2021-05, 6-21-2021)

(a)

Prior to the issuance of a zoning authorization permit, the applicant may be required, as a condition to the special use permit, to submit an approval from the FCC based upon the National Environmental Policy Act (NEPA).

(b)

All utilities at a wireless facility must be installed underground and in compliance with all laws, ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. The county may waive or vary the requirements of underground installation of utilities when, in the opinion of the county such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.

(Ord. No. 2021-05, 6-21-2021; Ord. No. 2023-04, 6-19-2023)

All proposed wireless facilities and wireless support structures must be set back from abutting parcels, recorded rights-of-way and road and street lines by one of the following distances:

(1)

A distance equal to the height of the tower or wireless support structure plus ten percent of that height; or

(2)

A distance equal to the fall zone of the wireless support structure as established by a North Carolina licensed engineer plus ten percent of the fall zone.

(Ord. No. 2021-05, 6-21-2021; Ord. No. 2023-04, 6-19-2023)

County fees, which are set by the board of commissioners and subject to change as may be warranted and justified, will be charged for the following:

(1)

The application fee for construction of a new wireless facility and/or wireless support structure is due and payable to the county at the time the application is submitted prior to the site visit. The zoning authorization permit fee for construction of a new wireless facility and/or wireless support structure is due at the time of permit issuance.

(2)

The fee for modifying or collocating on an existing tower or structure is due and payable to the county at the time of the application submission.

(Ord. No. 2021-05, 6-21-2021)

(a)

The county may hire a consultant and/or expert necessary to assist the county in reviewing and evaluating the application for a proposed tower, collocation, or modification. The county may also request expert assistance for other issues, in order to ensure the general health, safety and welfare of the public.

(b)

The cost of the expert assistance shall be consistent with state law and will be paid by the applicant. The cost is included in the zoning authorization permit fee.

(Ord. No. 2021-05, 6-21-2021)

The extent and parameters of a special use permit for wireless facilities and wireless support structures are as follows:

(1)

No public hearing is required for an application for an eligible facilities request or a substantial modification.

(2)

A special use permit runs with the land and is enforceable upon successive owners.

(3)

A permit may be revoked for a violation of the conditions and provisions of the permit.

(4)

A special use permit to allow for construction of a new wireless support structure, expires 24 months from the date of approval, unless tower construction is complete. After obtaining a special use permit from the board of adjustment, but prior to beginning construction, the applicant must submit a signed agreement with a service provider who will commence using the facility within 60 days after tower construction is completed.

(5)

After a zoning authorization permit is issued, the applicant must meet all requirements of the county building inspection department. After the final approval from the building inspection department, the applicant must contact the county planning department for the final approval, and submit a signed and stamped "as-built" certification from a PE certifying that 1) the project was built according to the submitted plan, and 2) the project is complete. The new facility or collocation not previously on the structure is not permitted to have power, or provide service, until the zoning compliance certificate has been issued. Providers already on the tower will continue to have power; however, the county must be contacted prior to obtaining final zoning approval, and a PE certified "as-built" must be submitted, in order to determine compliance.

(6)

A bond or security must be submitted to the county within 30 days after tower construction is completed, as outlined in section 44-685.17.

(7)

Abandoned wireless facilities and support structures must be removed at the tower owner's expense.

(Ord. No. 2021-05, 6-21-2021)

Complete applications and accompanying forms for a special use permit or a zoning authorization permit for wireless facilities and wireless support structures, must comply with the requirements of this division and provide all requested information. Any required certifications must be done by a qualified North Carolina licensed professional engineer. Application packets must include:

(1)

Documentation of the site visit.

(2)

The wireless facility owner, and when applicable, the provider's written authorization designating an agent on their behalf.

(3)

Site plans showing:

a.

The zoning district or designation in which the property is situated;

b.

A survey of the property showing all parcel lines, parcel line dimensions, existing structures and the proposed wireless facility and wireless support structure;

c.

An elevation drawing showing the vertical rendition of the wireless support structure identifying all provider names and locations and attachments to the structure and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;

d.

A plan drawing showing names and locations of other providers in the equipment compound; location of ground equipment, and centerline height location of all proposed and existing antennae on the supporting structure;

e.

The azimuth, size and centerline height location of all proposed and existing antennae on the supporting structure;

f.

The type, locations and dimensions of all proposed and existing landscaping, and fencing.

(4)

A copy of the FCC license applicable for the intended use of the structure.

(5)

All structures must contain a demonstration that the structure be sited so as to be the least visually intrusive as reasonably possible and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the community in the area of the structure. The county reserves the right to require the use of stealth or camouflage technology or technologies such as distributive antenna system technology (DAS) or its functional equivalent to achieve this goal, subject to approval by the board of adjustment. This may require the placement of two visually unobtrusive towers, as opposed to one tower which compromises the viewshed.

All antennas attached to a tower must be flush mounted or as near to flush mounted as is possible without prohibiting or having the effect of prohibiting the provision of service, or prove technically with hard data and a detailed narrative, that flush mounting cannot be used and would serve to prohibit or have the effect of prohibiting the provision of service.

(6)

A visual impact assessment must be furnished which must include:

a.

A computer generated "zone of visibility map," with a minimum of one-mile radius from the proposed structure illustrating locations from which the tower may be seen.

b.

Pictorial representations (photo simulations) of "before and after" views from key viewpoints both inside and outside of the county, as may be appropriate, including state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided concerning the appropriate key sites at the pre-application meeting. The applicant must provide a map showing the locations of where the pictures were taken and the distance(s) of each location from the proposed structure.

c.

The applicant must submit a drawing demonstrating how the base and all related structural facilities will be screened from vehicular rights-of-way or adjacent properties in accordance with section 44-523(f)(3).

d.

A written certification that the structure will be effectively grounded, bonded and installed with appropriate surge protectors to protect persons and property.

(7)

The wireless support structure must maximize the use of building materials, colors and textures designed to harmonize with the natural surroundings. This includes the utilization of stealth or concealment technology as may be required by the board of adjustment.

(8)

If deemed appropriate by the planning director, an access road, turn-around space and parking may be required to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, must be made to the extent practicable. If the current access road or turn around space is deemed in disrepair or in need of remedial work to make it serviceable and safe, as determined at a site visit, the application must contain a commitment to remedy or restore the road or turn around space so that is serviceable, safe and in compliance with applicable regulations. Road construction must at all times minimize ground disturbance and vegetation cutting. Road grades must closely follow natural contours to assure minimal visual disturbance and reduce soil erosion. Road construction must comply with all applicable regulations.

(9)

The permit holder must construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless facility and wireless support structure in strict compliance with all current applicable technical, construction, safety and safety-related codes adopted by the county, state, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. (The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.)

(10)

A holder of a special use permit or other authorization granted under the provisions of this division, must obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the county or other governmental entity or agency having jurisdiction over the permit holder.

(11)

The wireless support structure must be structurally designed to accommodate at least six antenna arrays in regard to the load and stress created on the structure, with each array to be sited in such a manner as to provide for flush attachments to the greatest extent possible with the minimum separation necessary without causing interference. An intermodulation study must be submitted to justify design claims related to interference. A claim of interference because of a need to have greater than six feet of vertical clearance between facilities, measured from the vertical centerline of one array to the vertical centerline of another, must be proven by technical data showing that there is no technological alternative that would enable the service to be provided that would require less vertical space. This requirement may be waived, provided the applicant, in writing, demonstrates that the provisions of future shared usage of the wireless facility is not feasible or if collocation is technically or commercially impracticable.

(12)

The proposed wireless facility and wireless support structure must be maintained in a safe manner, and in compliance with all conditions of the zoning authorization permit, without exception, unless specifically granted relief by the board of adjustment in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations;

(13)

Verification that the construction of the wireless facility and wireless support structure is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state.

(14)

The application must be signed by an authorized individual on behalf of the applicant.

(15)

The applicant must disclose in writing any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs;

(16)

A written report demonstrating meaningful efforts to secure shared use of existing wireless support structures or the use of alternative buildings or other structures within the county that are at or above the surrounding tree height or the tallest obstruction and are within one mile of the proposed tower. Copies of written requests and responses for shared use must be provided along with any letters of rejection stating the reason for rejection.

(17)

Wireless support structures must be located in accordance with section 44-685.05.

(18)

As a condition to the special use permit, a structural report certified by a professional engineer licensed in the state, along with a structural analysis report, including calculations, that prove that the structure and its foundation as proposed to be utilized are designed to meet all local, state, and federal structural requirements for loads, including wind and ice loads and have the ability for the support structure to accommodate a minimum total of six antenna arrays.

(19)

A map identifying any wireless support structures within the search ring which have been approved but not yet constructed.

(20)

The applicant for a new wireless support structure must submit a letter of intent committing the owner of the proposed new structure, and his/her successors in interest, to negotiate in good faith for the shared use of the proposed tower by other providers in the future. This letter is a condition of the permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter must commit the new owner and their successors in interest to:

a.

Respond within 60 days to a request for information from a potential shared-use applicant;

b.

Negotiate in good faith concerning future requests for shared use of the structure by other providers; and

c.

Allow shared use of the new structure if another provider agrees in writing to pay reasonable charges.

d.

Failure to abide by the conditions outlined above may be grounds for revocation of the special use permit.

(21)

The holder of a special use permit must notify the county of any intended modification of a wireless support structure and shall apply to the county to modify, relocate or rebuild a wireless facility or structure.

(22)

Lighting. The applicant must provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the telecommunications tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation Part 77. If this analysis determines that the FAA must be contacted, then all filings with, and all responses from the FAA, along with any related correspondence must be provided before an application can be considered complete.

a.

For any wireless facility for which lighting is required under the FAA's regulations, or for any reason has lights attached, all lighting must be a fast flashing strobe, acceptable to the FAA, affixed with technology that enables the light to be seen as intended from the air, but that prevents the ground scatter effect so that it is not able to be seen from the ground to a height of at least 12 degrees vertical for a distance of at least one mile in a level terrain situation. Such device must be compliant with or not in conflict with FAA regulations. A physical shield may be used with the strobe, as long as the light is able to be seen from the air, as intended by the FAA.

b.

In the event a tower that is lighted is modified, at the time of the modification the county may require that the tower be retrofitted with the technology set forth in subsection (22)a above.

(Ord. No. 2021-05, 6-21-2021)

All applications must be submitted to the county planning department. The following information must be included:

(1)

The provider's written authorization designating an agent on their behalf.

(2)

The non-refundable zoning authorization permit fee, set by the board of commissioners.

(3)

Documentation must be provided proving that the applicant has the legal right to proceed as proposed on the site, including an executed copy of the lease with the owner of the facility proposed to be attached to, or a letter of agency, showing the right of the applicant to attach to the structure.

(4)

The applicant must include a written statement that the construction of the wireless facility is legally permissible, including, that the applicant is authorized to do business in the state.

(5)

For collocations, a copy of the FCC license applicable for the intended use of the wireless support structure.

(6)

If any change or modification of the tower or other structure to be attached to is needed, a detailed narrative explaining what changes are needed, to both the equipment compound and the support structure, and the number and type of the antenna(s) proposed;

(7)

To protect the nature and character of the area and create the least visually intrusive impact reasonably possible under the facts and circumstances, any attachment to a building or other structure with a facie, the antennas must be mounted on the facie, unless it can be proven that doing so will prohibit or have the effect of prohibiting the provision of service, and all the attachments and exposed cabling must use camouflage or stealth techniques to match as closely as possible the color and texture of the structure attached to.

(8)

If attaching to a water tank, mounting on the top of the tank or the use of a corral will only be permitted if the applicant can prove that flush mounting to the side of the tower will prohibit or have the effect of prohibiting the provision of service. The provisions of preceding subsection (7) of this section also apply to any attachment to a water tank.

(9)

The wireless support structure, and all accessory or associated facilities, must maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. This must include the utilization of stealth or concealment technology as may be required by the county and as is practical under the facts and circumstances.

(10)

Any wireless support structure for which lighting is required under the FAA's regulations, or that for any reason has required lights attached, must meet the requirements of subsection 44-685.07(d).

(11)

Any additional utilities installed must be installed underground and in compliance with all laws, ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.

(12)

If deemed necessary or appropriate, an access road, turn around space and parking must be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, must be made to the extent practicable. Road construction must at all times minimize ground disturbance and the cutting of vegetation. Road grades must closely follow natural contours to assure minimal visual disturbance and reduce soil erosion and must comply with any local or state regulations for the construction of roads and erosion control. If the current access road or turn around space is deemed in disrepair or in need of remedial work to make it serviceable and safe and in compliance with any applicable regulations as determined at a site visit, the application must contain a commitment to remedy or restore the road or turn around space so that it is serviceable and safe and in compliance with applicable regulations within a reasonable time period.

(13)

Requirements when applying for an eligible facilities request or substantial modification on an existing tower.

a.

An elevation drawing showing the vertical rendition of the wireless support structure identifying all provider names and locations and attachments to the structure and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;

b.

A plan drawing showing names and locations of other providers in the equipment compound; location of ground equipment, and centerline height location of all proposed and existing antennae on the supporting structure;

c.

A structural report certified by a professional engineer licensed in North Carolina, proving the tower's capability, or need for structural improvement, to safely accommodate the facilities of the applicant without change or modification. To allow for the proposed project, the report must not show a total load exceeding 100 percent capacity.

d.

A copy of the latest ANSI report done, pursuant to the latest edition of ANSI-EIA/TIA 222F - Annex E, and any subsequent amendments, for any self-supporting tower that is five years or older or for a guyed tower that is three years or older. If an ANSI report has not been done pursuant to the preceding schedule, an ANSI report must be done and submitted as part of the application. Deficiencies noted on the ANSI/TIA must be corrected prior to the issuance of a zoning authorization permit, unless those deficiencies are categorized as general maintenance. At the discretion of the planning director, deficiencies may be corrected simultaneously with the modifications contained in the application.

(14)

Requirements—When attaching to an existing structure except for a tower. A site plan showing the location of the wireless support structure on the property and the location of the wireless facility on the wireless support structure, and the structural analysis report.

(15)

A zoning authorization permit will be issued within 45 days of the county receiving a complete application. In the case of an incomplete application, the county will identify the deficiencies and notify the applicant on what is necessary to make the application complete. The application shall be deemed complete on resubmission of the additional required materials.

(Ord. No. 2021-05, 6-21-2021)

(a)

The applicant, and the owner of record of any new wireless support structure, must, jointly or separately, at its cost and expense, be required to place with the county a bond, or other form of security acceptable to the county in an amount of at least $75,000.00 when constructing a wireless support structure.

(b)

The full amount of the bond or security must remain in full force and effect throughout the term of the special use permit or zoning authorization permit and/or until the removal of the wireless support structures, and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the permit. If written proof of the bond or security is not provided to the county within 60 days of the notice, the county shall have the right to revoke the permit.

(Ord. No. 2021-05, 6-21-2021)

(a)

Under the following circumstances, the county may determine that the health, safety, and welfare interests of the county warrant and require the removal of the wireless facility and/or wireless support structures:

(1)

Have been abandoned for a period of at least five years;

(2)

Situations caused by acts of God, in which case, repair or removal must be completed within 90 days;

(3)

Have fallen into such a state of disrepair that it creates a health, safety or welfare hazard;

(4)

Have been located, constructed, or modified without first obtaining a permit, or in a manner not authorized.

(b)

If the county makes a determination of a health, safety or welfare issue under this division, then the county shall notify the holder of the permit within 48 hours that the structure must be removed.

(c)

The holder of the permit, or its successors or assigns, must dismantle and remove the wireless support structure and facilities, from the site and restore the site to as close to its original condition as is possible within 90 days of receipt of written notice from the county.

(d)

If the wireless support structure is not removed or substantial progress has not been made to remove the wireless facilities and wireless support structures within 90 days after the permit holder has been sent notice, then the county may order officials or representatives of the county to remove the wireless facilities and wireless support structures at the sole expense of the owner or permit holder.

(e)

If, the county removes, or causes a wireless support structure to be removed, the county may sell any part or component. Any expense associated with removal is the responsibility of the tower owner.

(f)

Notwithstanding anything in this division to the contrary, the county may approve a temporary use permit/agreement for the wireless telecommunications facility, for no more than 90 days, during which time a suitable plan for removal, conversion, or re-location of the affected wireless telecommunications facility must be developed by the holder of the permit, subject to the approval of the county and an agreement to such plan must be executed by the holder of the permit and the county. If such a plan is not developed, approved and executed within the 90 day time period, then the county may take possession of and dispose of the affected wireless support structure in accordance with this division.

(Ord. No. 2021-05, 6-21-2021)

In order to verify that the holder of a special use/zoning authorization permit and any lessees, renters, and/or licensees of a wireless facilities and wireless support structures, place and construct such structures and facilities, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the county may perform inspections.

(Ord. No. 2021-05, 6-21-2021)

(a)

To the extent that the holder of a permit for wireless facilities and wireless support structures has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of the permit must adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

(b)

To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a permit issued pursuant to this division then the holder of the permit must comply with the amended requirements.

(Ord. No. 2021-05, 6-21-2021)