The setback requirements of this chapter shall not prohibit any necessary retaining wall or prohibit any wall or fence. However, within any residential district no wall or fence shall exceed six feet in height, and within any commercial or industrial district no fence shall exceed 10 feet in height. (11-20-75, art. 3, 3.10; 9-7-76,1)

   The following activities shall be permitted in all zoned areas of unincorporated Dare County:

      a.   The operation of such recreational equipment shall be permitted during the hours of 3:00 p.m. to 5:00 p.m. Monday through Saturday. No such equipment shall be operated on Sundays. During daylight savings time, 4:00 p.m. to 8:00 p.m. Monday through Saturday. No such equipment shall be operated on Sundays.

      b.   The motor of any motorized off-road recreational equipment operated under this section shall not exceed 100 cubic centimeters (100cc) per device as determined by the manufacturer specifications.

      c.   Exhaust systems of motorized off-road recreational equipment shall not be altered or modified with after-market parts.

      d.   No more than 4 recreational devices shall be operated simultaneously on any parcel.

      e.   Nothing in this section shall be interpreted to apply to the operation of lawn maintenance equipment.

      f.   In instances where deed restrictions, covenants or other type of contractual use restrictions are associated with a property, this section shall not be interpreted to cancel, modify or supercede such restrictions.

   2.   These standards for motorized off- road recreational equipment shall not apply to those areas of unincorporated Dare County that are zoned MP-1.

(Adopted by the Board of Commissioners on 4-20-2009) (Condition a revised by the Board of Commissioners on 9-21-2009)

   1.   The regulations of the Dare County Zoning Ordinance shall not apply to property used for bona fide farming purposes as defined in the North Carolina General Statutes and Section 22-2 of this chapter. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute evidence that the property is being used for bona fide farm purposes:

      a.   A farm sales tax exemption certificate issued by the North Carolina Department of Revenue.

      b.   A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105-277.3

      c.   A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.

      d.   A forest management plan.

   2.   Additionally, a building or structure that is used for agritourism is a bona fide farm purpose. Agritourism means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. A building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals and other events that are taking place on the farm because of its farm or rural setting.

   3.   Failure to maintain the requirements of this section for a period of 3 years after the date the building or structure was originally classified as a bona fide farm purpose shall subject the building or structure to the applicable zoning and development regulations for the property.

   4.   The Dare County Building Inspector shall determine the applicability of the North Carolina Residential Code and Building Code for any structure or building to be located on property exempted as a bona fide farm.

(Ord. passed 6-21-2021)

A family care home as defined in Section 22-2 of this chapter shall be deemed a residential use of property for zoning purposes and shall be permitted in all zoning districts in unincorporated Dare County. Such uses shall be subject to administrative zoning review and approval procedures for detached residential structures by the Planning Director and Building Inspector. The setbacks, parking, and other provisions of the applicable zoning district shall apply. No family care home shall be located within 1/2 mile radius of an existing family care home.

(Ord. passed 6-21-2021)

Accessory uses (buildings and structures) may be located within 5 feet of any side or rear property line unless otherwise prohibited by the applicable zoning district. All components of a swimming pool including the pool apron must comply with the 5 feet of separation from the side or rear property line. In order to qualify for this setback, the accessory use cannot be attached to the principal use structure by a fence, a roof, or any other structural component of the principal use structure. For swimming pools to qualify for this reduced setback, the pool barrier required by the North Carolina Building Code cannot utilize any portion of the principal use structure as part of the pool barrier or utilize any piling or other foundation component as part of the pool barrier. Stairways from the principal use structure cannot terminate inside the perimeter of the pool barrier on any concrete area or deck around the pool. Swimming pools located within the principal use setbacks may utilize portions of the principal use structure as part of the pool barrier. The application of the reduced side or rear yard setbacks shall be authorized by the Planning Director or other Planning Department staff based upon a review of the proposed layout of the accessory use in relation to the principal use structure.

(Ord. passed 6-21-2021)

   a.   In zoned areas of the County not affected by airport zoning enacted under G.S. Ch. 63, the Board of Adjustment may vary the height limits of this chapter for a church spire, belfry, cupola and dome or ornamental tower not intended for human occupancy, monument, water tower, meteorological data tower, observation tower, transmission tower, chimney, smokestack, conveyor, flagpole, radio or television tower, mast or aerial, parapet wall not extended more than four feet above the roof line of the building and necessary mechanical appurtenances; provided, that such variances will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (11-20-75, art. 3, 3.11)

   A meteorological data tower shall meet all of the following criteria:

      1.   The tower shall be temporary in nature;

      2.   The tower shall be permitted for a time period not to exceed 18 months in duration from the date the variance is granted;

      3.   The tower shall be utilized solely for the purpose of gathering meteorological data; and

      4.   The tower shall not be located closer than 200 feet to any residential structure. (Amendment adopted on 1-5-2009)

   b.   In residentially zoned areas of the County not affected by airport zoning enacted under G.S. Ch. 63, the Board of Adjustment may permit exceptions to the height limits of this chapter for a church spire belfry, monument, water tower, observation tower, meteorological data tower, transmission towers, chimney, smokestack, conveyor, flagpole, radio or television tower, mast or aerial, parapet wall not extended more than four feet above the roof line of the building and necessary mechanical appurtenances; provided that such exceptions will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (6-22-92)

   A meteorological data tower shall meet all of the following criteria:

      1.   The tower shall be temporary in nature;

      2.   The tower shall be permitted for a time period not to exceed 18 months in duration from the date the variance is granted;

      3.   The tower shall be utilized solely for the purpose of gathering meteorological data; and

      4.   The tower shall not be located closer than 200 feet to any residential structure. (Amendment adopted on 1-5-2009)

   c.   In a residential zoning district, the building height limit shall not apply to those architectural features known as cupolas and observation towers provided that the cupola or observation tower meets all of the following specifications:

      1.   The floor area of the cupola or observation tower is no greater than 64 square feet gross area, including the stairwell.

      2.   The peak of the observation tower or the highest portion of the cupola shall not exceed more than 5 feet above the building height limit of the applicable zoning district. (12-21-95)

   1.   All abutting property owners of the proposed family child care home site shall be notified in writing by the Planning Department that a special use permit application has been filed.

   2.   Notice procedures of Section 22-72 shall be followed.

   3.   The applicant shall provide documentation that all supplementary permit registration and/or license applications have been submitted to the appropriate review agencies at the time the special use permit application is submitted for review. Upon receipt of all necessary supplementary permits and licenses, the Planning staff shall issue the family child care home permit. Failure to deliver those necessary supplementary permits and/or licenses within 180 days of Dare County approval shall render the county approval null and void.

   4.   The applicant shall provide affidavits attesting to the applicant’s occupancy of the proposed family child care home.

   5.   The applicant shall submit a site plan depicting the proposed site and all associated improvements. The staff shall review the site plan for compliance with the regulatory guidelines of the zoning district where the family child care home is proposed.

   6.   A family child care home shall not be authorized if another family child care home is in operation within a 500-foot radius of the applicant’s proposed location.

   7.   A family child care home approval shall be valid for a period not to exceed 36 months. This approval period shall be based on the date the family child care home permit is released by the Planning Department upon receipt of all necessary state licenses. The family child care home operator shall apply for renewal of the family child care home permit by written request to the Dare County Planning Director. Such request shall be received a minimum of 30 days prior to the expiration of the approval period. There shall be no limit on the number of times the approval period may be renewed. The renewal request shall be approved by the Planning Director if there are no outstanding violations of the special use permit. If it is the desire of the family child care home operator to discontinue operations of the family child care home, then written notice shall be provided to the Dare County Planning Director at any time.

   8.   Zoning officials shall be allowed to inspect the family child care home periodically to check for compliance with all permit conditions and applicable zoning regulations. If the zoning official finds any violations, the applicant shall be notified in writing of the violations and be granted 30 days in which to correct the violations. If after 30 days, the applicant does not correct the cited violations, notice shall be affixed to the site or structure indicating the initiation of revocation procedures. The family child care home permit may be reinstated upon correction of any violations. (Adopted 11-5-90; amended 5-16-11; amended 5-16-2011)

(Am. Ord. passed 6-21-2021)

   (a)   Intent: The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunications facilities, including telecommunications support structures and towers. The goals of this chapter are to: (i) encourage the location of telecommunication support structures in non-residential/non-historical areas and minimize the total number of telecommunication support structures throughout the community; (ii) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; (iii) strongly encourage the joint use of new and existing wireless telecommunication sites; (iv) encourage the location of telecommunications support structures, to the extent possible, in areas where the adverse impact on the community is minimal; (v) encourage the location of telecommunications support structures in configurations that minimizes the adverse visual impact of the such facilities; and (vi) whenever possible, prioritize space on telecommunications support structures for public purpose use.

      1.   Board of Commissioners Approval as special uses in the applicable zoning district:

         a.   Freestanding towers up to 200 feet in maximum height in the zoning districts where permitted.

         a.   Freestanding towers over 200 feet in maximum height in the zoning districts where permitted.

      3.   Administrative Review

         a.   Stealth antennae.

         b.   Co-location providers on an existing tower where application for co-location would result in tower height of less than 200 feet of maximum height.

         c.   Addition of antenna to existing building, utility pole, water tower, WTS tower, or similar utility structure.

         d.   DAS if an addition to existing utility pole, water tower, WTS tower or similar utility structure. Any new tower associated with the DAS shall be subject to appropriate review procedures based on its height. (Adopted on 2-1-16)

   (c)   Application Procedures and Site Plan Requirements: Any request for construction of a new wireless support structure (WSS), replacement WSS or substantially modified WSS shall include the following information and materials:

      1.   The identified search ring for the proposed WSS.

      2.   Documentation that no existing WSS can reasonably be used instead of construction of a new WSS.

      3.   Documentation that residential, historic, and designated scenic areas cannot be served from outside of the search ring.

      4.   Documentation that the height of the proposed WSS is necessary to provide the applicant's service.

      5.   Documentation evaluating the reasonable feasibility of collocating new antennas and equipment on an existing WSS within the applicant's search ring. Collocation on an existing WSS is not reasonably feasible if collocation is technically or commercially impractical or the owner of the existing WSS is unwilling to enter into a contract for such use at fair market value.

      6.   A blue line survey prepared by a licensed North Carolina surveyor showing the location of all existing property lines and improvements within a 1,000 foot radius of the proposed WSS site and all proposed improvements including the WSS and all accessory structures and equipment. In addition, the survey must detail all proposed vegetation removal activities including an inventory of existing trees to be removed.

      7.   Drawings of all proposed WSS, antennae, and accessory structures and equipment indicating elevations, height, colors, and design.

      8.   Documentation provided by the applicant that the proposed WSS and all antennae and equipment comply with all applicable FCC regulations.

      9.   Documentation provided by the applicant that the proposed WSS, antennae and equipment meet FAA aviation and navigation requirements. All proposed improvements shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport. Any lighting shall not project onto any surrounding residential property. To the extent required by the FAA, strobes shall be used for night-time lighting. Whenever strobes are not required by the FAA, flashing beacons are the preferred type of lighting.

      10.   A copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for the proposed WSS.

      11.   Documentation signed and sealed from a North Carolina licensed engineer that the proposed WSS and associated equipment meets the structural requirements of the North Carolina Building Code and the colocation requirements of this section.

      12.    Inventory of Existing Sites: Each applicant for approval of a WSS shall provide to the Planning Department an inventory of existing WSS that are within the applicant's search ring of the proposed site, including specific information about the location, height and design of each WSS and associated equipment.

      13.   Evidence that the applicant has investigated the possibilities for locating the proposed facilities on WSS, the use of stealth technology or location in another zoning district where the WSS would be permitted as an administratively approved use. Such evidence shall consist of:

         a.   Copies of letters sent to owners of all existing WSS within the applicant's search ring requesting the following information:

            (1)   WSS height.

            (2)   Existing and planned users.

            (3)   If the proposed antenna cannot be accommodated on the existing WSS, an assessment of whether the existing WSS could be structurally strengthened.

         b.   A copy of all responses within 30 days from the mailing date of the letter required by subsection 13.a.;

         c.   A summary explanation of why the applicant believes the proposed facility cannot be located on an existing WSS.

         d.   A summary explanation of why the applicant believes that the use of an alternative WSS is not possible.

         e.   A blue line survey prepared by a licensed NC surveyor showing the location of all existing property lines and improvements within a 1,000 foot radius of the proposed WSS and associated equipment. In addition, the survey must detail all proposed vegetation removal activities including an inventory of existing trees to be removed.

   (d)   Use Guidelines and Dimensional Requirements:

      1.   Principal or Accessory Use. WSS and antennas may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or WSS on such lot. WSS that are constructed, and antennas that are installed, in accordance with the provisions of this Ordinance shall not be deemed to constitute the expansion of a non-conforming use or structure.

      2.   In order to provide spatial separation and create visual block from adjacent properties and streets, a buffer shall be installed around the outside of all improvements on the site, including the WSS and guy anchors, any ground buildings or equipment, and security fencing. Ground buildings located in a residential district may be located outside the buffered area if they are constructed so the exterior appearance of the building has the appearance of a residential dwelling, including pitched roof and frame or brick veneer construction. The WSS’s guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.

      3.   The base of the WSS and each guy anchor shall be surrounded by a security fence or wall at least eight (8) feet in height unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The WSS’s guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.

      4.   No unenclosed outside storage shall be allowed on any telecommunication facility site.

      5.   Accessory buildings shall not be used as an employment center for any workers. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

      6.   The proposed WSS, antenna, or accessory structure and equipment shall be placed in a location and in a manner that will minimize the visual impact on the surrounding area.

      7.   No commercial advertising, company logo, or signage shall be allowed on the WSS or its related facilities. However, signs shall be posted that list a telephone number for the owner of the proposed tower and “No Trespassing” information. This sign shall be located on the accessory building or fencing and shall not exceed 4 square feet in area.

      8.   The proposed tower shall be setback from all publicly owned roads or rights-of-way a distance equal to the tower height. If visible from any public road or right-of-way, a landscape plan shall be submitted indicating how the applicant proposes to screen any accessory structure or equipment from view.

      9.   Setbacks of the base of the tower from all adjacent property lines shall be one foot for each foot of tower height. To encourage shared use of towers, applications for towers which will operate with more than one user immediately upon completion may have a 10% reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. To encourage the construction of monopole structures, monopole towers may have a 20% reduction in the required setbacks. To encourage location of WSS in forested areas with a minimum depth of sixty-five (65) feet, the WSS may have a 20% reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. Said setback reductions shall only be allowed upon a professional engineering certification which states that the structure's construction will cause the WSS to crumble inward so that in the event of collapse no damage to structures on adjacent lots will result.

      10.   The proposed WSS shall be set back from all property lines a distance equal to the proposed WSS’s fall zone as certified by a registered NC engineer, plus 20 feet.

      11.   The proposed WSS shall be setback a distance equal to the WSS’s height plus 50 feet from any residential structure.

      12.   Notice shall be provided to the Planning Department when the WSS is placed out of service. Any WSS, antennae, accessory structure or equipment that is not used for communication purposes for more than 120 days shall be considered to be abandoned, and the owner shall remove the abandoned equipment upon notice by the Planning Department. A time limit for the removal of the abandoned WSS and equipment shall be established by the Planning Department in the notice. To assure removal of any abandoned WSS, antennae, accessory structure or equipment, a performance bond in the amount of the anticipated removal costs shall be established by the owner with such costs determined by a North Carolina registered engineer.

      13.   No WSS shall be located in the public trust waters of Dare County.

   (e)   Pre-existing WSS: Any WSS in existence on June 21, 2021 may continue to operate. Nothing in this section shall require application and approval for routine maintenance or limit the performance of routine maintenance on telecommunications wireless support structures and facilities, including in-kind replacement of wireless facilities as defined in this section. 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. Substantial modifications of pre-existing WSS shall be subject to the review and approval procedures of subsection (a) of this section.

      1.   A site plan shall be submitted for any relocation or reconstruction of a nonconforming WSS.

      2.   Reconstruction or replacement of pre-existing WSS on the same site shall be subject to administrative approval if the height of the tower does not exceed 15% of the height of WSS as it existed in 1999. The reconstructed WSS shall comply with the setback requirements of this section if physically possible or to the maximum extent possible. If compliance is not possible, then the reconstructed WSS shall not increase the amount by which the setbacks are non-conforming, other than increases necessitated solely by changes in the size of the base supporting the reconstructed tower. Increases in height in excess of 15% shall be subject to the review and approval procedures of subsection (a) of this section based on the overall height of the proposed WSS to be reconstructed. The reconstructed WSS shall comply with the setback requirements of this section if physically possible or to the maximum extent possible. If compliance is not possible, then the reconstructed WSS shall not increase the amount by which the setbacks are non-conforming, other than increases necessitated solely by changes in the size of the base supporting the reconstructed tower.

      3.   If a pre-existing WSS is damaged beyond 50% of its replacement value, a replacement WSS may be constructed on the same site but may not exceed the height of the previous WSS and must be located on the site in compliance with the setbacks requirements of this section to the maximum extent possible. Replacement activities shall be subject to administrative review and approval by the Planning Director.

WSS Format Preference: The following order of preference shall be used during the review and approval of WSS development:

   1.   Stealth antenna.

   2.   Antenna located on existing WSS facilities, utility poles, water towers, or similar utility structure.

   3.   Antenna attached to or mounted on an existing building or structure. (single or co-location provider)

   4.   Free-standing WSS development designed and constructed with co-location capability.

   5.   Free-standing WSS development designed and constructed for single-provider use.

WSS development types permitted by zoning district***

 

(Am. Ord. passed 6-21-2021)

   The intent of these regulations is to provide for the construction and operation of wind energy research sites in all areas of unincorporated Dare County zoned for such uses, subject to reasonable conditions that will protect the environment, public health, safety and welfare.

Accessory use structure - A structure that is subordinate to the principal use structure in both size and function.

Anenometer - A device which measures the wind speed and transmits wind speed data to the controller.

Environmental assessment - A comprehensive evaluation of a proposed wind energy facility and its potential environmental impacts on the local setting with an emphasis on (avoiding) minimizing or mitigating adverse impacts.

Facility operator - The person or entity responsible for the day-to-day operation and maintenance of the wind energy facility.

Facility owner - The person or entity having controlling or majority equity interest in a wind energy facility including their respective successors and assigns.

kW - Kilowatt.

MW - Megawatt.

Non-participating landowner - Any landowner not under agreement with the site owner or site operator.

Occupied structure - A structure that is in use or occupied at the time permit application is made.

Participating landowner - A landowner under lease or other property agreements with the site owner or site operator.

Setback - An area of separation measured in terms of linear feet from the center of the base of any wind energy device to the property line or right-of-way or the nearest portion of any structure.

Shadow flicker - The visible flicker effect of rotating wind turbine blades casting a shadow on the ground and nearby structures causing the repeating pattern of light and shadow.

Tower - A monopole, free standing, or guyed structure that supports a wind energy generator and other mechanical equipment.

Vertical axis wind turbine - A wind turbine that rotates on a vertical axis with blades forming a spiral or helical shape.

Wind energy device - A device that is designed for use to capture and convert wind into electricity such as wind turbines or other similar wind conversion devices.

Wind energy facility, large - A wind energy conversion system consisting of one or more wind turbine(s), a tower(s) and associated control or conversion electronics, which has a total rated capacity of more than 100 kW.

Wind energy research sites - A site consisting of wind energy devices and supporting structures that are constructed for research purposes and the study of wind energy, equipment construction standards, and other meteorological data used for wind energy generation.

Wind turbine - A wind energy conversion device that converts wind energy through the use of a wind turbine generator and may include a nacelle, rotor, tower, guy wires, and pad transformer.

Wind turbine height - The distance measured from natural grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when the blade reaches its highest elevation or the highest point of the tower on vertical axis wind turbine.

2021 S-13

A.    Wind Energy Research Facilities

Land-based wind energy turbines may be located in unincorporated Dare County in those zoning districts that are zoned for such use. The turbines may be on publicly-owned land or privately owned land and must be associated with a public university research agency.

Detailed plans for the site shall be submitted to the Dare County Board of Commissioners for review as a special use according to the provisions of Section 22-65 of the Dare County Zoning Ordinance and may be approved only if the following conditions are met:

1.   The site will be used to study wind energy generation and production. The site may be privately-owned but shall be affiliated with a State of North Carolina university or college. A written agreement between the private sector and the university shall be provided to Dare County that outlines the terms of the agreement between the two entities.

2.   Any wind turbine shall be setback from all occupied structures, public right-of-ways, and public utility lines a distance equal to 2.0 times the total height of the wind turbine. The total height of the turbine shall be measured as established in the definition section. Only one wind turbine shall be located on the site however, this shall not be interpreted to preclude the construction of any other anemometer or meteorological tower that is needed in conjunction with the wind turbine.

3.   Maximum height of a turbine shall not exceed 600 feet measured at the natural grade at the center of the device to the highest point of the device or the highest tip of the rotor blades when the blade reaches its highest elevation.

4.   Minimum lot size shall be 25 acres.

5.   An environmental assessment has been completed that includes comments from all applicable state and federal agencies. The environmental assessment shall address, at a minimum, the potential impacts of noise,

vibrations, and shadow flicker; impacts on view corridors; impacts on wetlands, wildlife and avian resources, topography and soils, vegetation, archaeological and cultural impacts, tourism and community benefits, and other economic and natural resources. Any adverse effects that cannot be avoided should be identified and proposed mitigative measures that will be used discussed to offset these effects.

B.   Permit Applications

1.   A site plan for any proposed wind energy research site shall be submitted to Dare County for review as a special use permit. The site plan shall be prepared by a North Carolina licensed engineer or land surveyor and shall include the following information:

   a.   A narrative description of the proposed wind energy research site.

   b.   The proposed total rated capacity of any wind turbines to be located on the wind energy research site.

   c.   The specific number, representative types and heights or range of heights of wind energy devices to be constructed, including their individual generating capacity, dimensions and manufacturers, and a description of supporting and ancillary facilities.

   d.   The proposed location of each wind energy device, property lines, setback lines, access roads, substations, ancillary equipment, buildings, and structures including meteorological towers, transmission lines, and the location of all structures and property within the geographical boundaries of any applicable setback.

   e.   Any substations, support equipment and buildings, or other transmission equipment to be located on the site.

   f.   Foundation plans for any wind energy device prepared and sealed by a North Carolina licensed engineer.

   g.   Landscaping plan depicting proposed buffers of all support facilities on the property.

   h.   Certification of compliance, if applicable, with Federal Aviation Administration and Federal Communication Commission regulations.

   i.   Other relevant reports, studies, or information as may be reasonably requested by Dare County to ensure compliance with these regulations.

   j.   Signed agreement between participating property owner and the facility owner/operator of the proposed wind energy facility.

   k.   Dare County should be notified in writing of any changes to the information contained in the permit application.

C.   Noise and Shadow Flicker

This section shall apply to wind energy research sites.

1.   An audible sound study of the proposed site of the wind energy research site shall be conducted to determine ambient noise levels at the site. Audible sounds from a wind energy generating facility shall not exceed forty (40) decibels as measured at any occupied building located within 2,000 linear feet of the wind turbine.

2.   The applicant shall provide a shadow flicker and blade glint report for each proposed wind energy research site. Shadow flicker at any occupied building located within 2,000 linear feet of the wind turbine caused by the device shall not exceed 30 hours per year.

The report shall:

   a.   Evaluate the worst case scenarios of wind constancy, sunshine constancy, and wind directions and speeds.

   b.   Map and describe the zones where shadow flicker and blade glint will likely be present within the project boundary and a one-mile radius beyond the project boundary.

   c.   Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, including outdoor viewsheds.

   d.   Calculate the total number of hours per year of flicker at all locations, including the outdoor viewshed.

   e.   Identify problem zones within a one-mile radius where shadow flicker will interfere with existing or future residences and roadways and describe proposed measures to mitigate these problems.

   f.   Based upon the findings of the report, the wind energy research site shall be designed so that shadow flicker or blade glint will not fall on or in any roadway or principal use structure.

3.   If after construction of wind energy devices on the site, noise or shadow flicker problems develop that were not previously identified, then the owner/operator of the wind energy research site shall take steps to mitigate these problems. Written notice from Dare County shall be provided to the site operator of the problems and request the preparation of a mitigation plan to address the identified problems including a timetable for enactment of the plan. The site operator shall bear full responsibility for the costs associated with the mitigation plans and corrective actions that are taken.

4.   If noise levels exceed eighty (80) for more than 24 consecutive hours, as measured at any site boundaries, the site operator shall shut down the wind energy research site within one (1) business day of being informed by the Planning Director to do so. The facility shall remain shut down until it can be demonstrated to the satisfaction of the Planning Director that the facility can be operated so as to not exceed 40 decibels for more than five consecutive minutes at any property line.

5.   Property owners may waive the noise and shadow flicker provisions of this ordinance by signing a waiver of their rights. The written waiver shall notify applicable property owners of the noise and/or flicker limits required by the ordinance and describe how the wind energy site may not be in compliance and state that consent is granted for the wind energy research site to waive noise and/or flicker limits as required by this ordinance. Any such waiver shall be signed by the applicable property owner and the site operator and recorded in the Dare County Register of Deeds.

D.   Installation and Design

1.   The installation and design of any wind energy research site shall conform to applicable industry standards, including those of the American National Standards Institute, and take into consideration local conditions.

2.   All structural, electrical and mechanical components of the wind energy research site shall conform to relevant and applicable local, state and national codes including NC hurricane wind zone requirements. This shall include the elevation of any support equipment, substations, or accessory building associated with the wind energy generating facility tothe applicable minimum base flood elevation. A stand-down plan for high wind conditions shall be included with this information.

3.   Transmission lines shall, to the maximum extent possible, be placed underground.

4.   Wind energy research sites shall not be artificially lighted, except as required by the FAA or other applicable authority that regulates air safety. If lighting improvements are required, strobe lighting shall be used as the last resort. The Applicant shall demonstrate compliance with the County’s Airport Height Ordinance. If appropriate, as determined by the Planning Director or designee, the Applicant shall provide a Department of Defense release or approval for the construction of the wind energy research site in restricted air space.

5.   No display advertising (including flags, streamers, or other decorative devices) except for identification of the turbine manufacturer, facility owner/operator, associated research agency, other participating agencies,

and contact information. This does not apply to any information plaques that may be required by a governmental agency or utility company. No signage shall be placed on the wind energy device tower or blades. A signage plan depicting the type and location of signs shall be submitted with the permit application.

6.   All wind energy devices and all associated support equipment and buildings shall be of neutral colors such as white, off-white or gray.

7.   All wind energy devices shall have an automatic braking or governing system to prevent uncontrollable rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components.

8.   All moving parts of a wind turbine authorized in this subsection shall be constructed at least 35 feet above ground to prevent injury or be constructed with factory-installed shielding to prevent injury.

9.   If the proposed wind turbine is located within the Dare County Regional Airport Overlay Zone, written approval from the Dare County Airport Authority is required.

10.   Any climbing foot pegs or rungs below 12 feet of a freestanding turbine shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section such that it cannot readily be climbed.

11.   Be sited and operated so as to not interfere with television, internet service, telephone (including cellular and digital), microwave, satellite (dish), navigational, or radio reception in neighboring areas. The applicant and/or operator of the facility shall be responsible for the full cost of any remediation necessary to provide equivalent alternate service or correct any problems; including relocation or removal of the facility caused or exacerbated by the operation of such equipment and any and all related transmission lines, transformers, and other components related thereto.

12.   Access to the wind energy research site and associated support equipment shall be appropriately secured to prevent unauthorized access by the general public. Appropriate warning signage should be posted on the wind energy devices, electrical equipment and other support facilities as needed.

13.   Have a leak containment system for oil, hydraulic fluids, and other non-solids that is certified by an engineer or other expert acceptable to the Planning Director or designee that all such fluids will be captured before they reach the ground. The applicant shall pay for the costs of the expert certification.

E.   Decommissioning

1.   The wind energy research site owner shall have six months to complete decommissioning of the site if no electricity is generated fora continuous period of six months.

2.   Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities down to 36 inches below grade.

3.   Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

4.   The applicant shall place with Dare County an acceptable letter-of-credit, bond, or other form of security that is sufficient to cover 120% of the cost of removal at the end of the facility’s useful life, as detailed in the decommissioning plan. The cost estimate shall be certified by an Engineer, salvage company, or other expert suitable to the Planning Director or designee. The surety shall be used by Dare County to assure the faithful performance of the terms and conditions of this law and conditions of this ordinance, as well as to serve as a removal security to prevent the taxpayers from bearing the cost of removal in the event of the abandonment or cessation of use for more than 90 consecutive days. The full amount of the bond or security shall remain in full force and effect until any

and all necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the facility, as determined by the Planning Director or designee.

F.   Maintenance

A plan that details a regular maintenance schedule for routine and storm follow-up maintenance actions that will be taken to keep the wind energy generating facility operating quietly, efficiently, and non-polluting shall be filed with the Dare County Planning Department. Such plan should detail the type of maintenance actions that will be performed and include a section that addresses storm maintenance activities. The Applicant shall conduct preventive maintenance inspections on a January, April, July, October, and after any wind event defined as a tropical storm or Category 1-5 Hurricane. Each inspection shall look for such things as metal fatigue, nut loosenings, and other potential failures that might impact the public health and safety, as well as the items detailed in the Maintenance Plan. Such inspection reports shall be provided to the Planning Director or designee within 30 (thirty) days of the inspection.

(Am. Ord. passed 6-21-2021)

A.   Application

These regulations shall apply to all zoned areas in unincorporated Dare County that is owned or used by the Dare County Schools. This shall include programs that involve the construction of wind turbines on school property for study and research purposes. Alternative energy projects may be approved subject to the following conditions:

1.   Any wind turbine shall be setback from all structures and public utility lines a distance equal to 1.1 times the total height of the wind turbine.

2.   Maximum height of a turbine shall not exceed 100 feet measured from the natural grade at the center of the device to the highest point of the device or the highest tip of the rotor blades when the blade reaches its highest elevation.

B.   Permit Applications

1.   A site plan for any alternative energy project shall be submitted to Dare County for review as a special use subject to review by the Planning Board and Board of Commissioners. The site plan shall be prepared by a North Carolina licensed engineer or land surveyor and shall include the following information:

   a.   A narrative description of the proposed alternative energy project including the name of the school campus for which the project is proposed.

   b.   The specific number, representative types, heights and range of wind energy devices to be constructed, including their individual generating capacity, dimensions and manufacturers, and a description of supporting and ancillary facilities.

   c.   Any substations, support equipment and buildings, or other transmission equipment to be located on the site.

   d.   Foundation plans for any wind energy device prepared and sealed by a North Carolina licensed engineer.

   e.    Certification of compliance, if applicable, with Federal Aviation Administration and Federal Communication Commission regulations.

   f.   Other information as may be reasonably requested by Dare County to ensure compliance with these regulations.

C.   Installation and Design

1.   All structural, electrical and mechanical components of any wind energy device shall conform to applicable local, state and national codes including NC

hurricane wind zone requirements. This shall include the elevation of any support equipment, substations, or accessory building associated with the project to the applicable minimum base flood elevation.

2.   Wind turbines shall not be artificially lighted, except as required by the FAA or other applicable authority that regulates air safety. If lighting improvements are required, strobe lighting shall be used as the last resort. The Applicant shall demonstrate compliance with the County’s Airport Height Ordinance, if applicable.

3.   All wind energy devices shall have an automatic braking or governing system to prevent uncontrollable rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components.

4.   Any climbing foot pegs or rungs below 12 feet of a freestanding turbine shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section such that it cannot readily be climbed.

D.   Fees

Building permit fees of $1.00 per foot of turbine/tower height shall be assessed at the time a building permit is issued for any wind turbine authorized for construction under this ordinance.

E.   Definitions

The definitions set forth in Section 22-29.3 Wind Energy Research Sites of the Zoning Ordinance shall apply to these regulations also.

(Adopted 7-18-2011)

(Am. Ord. passed 6-21-2021)

The intent of these regulations is to provide for the location of solar energy systems in all areas of unincorporated Dare County subject to the following:

Solar Energy Systems – An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy for use in the heating or cooling of a structure, for heating domestic water or water used in swimming pools or hot tubs, or for the generation of electricity for one principal use structure located on the same parcel or lot as the solar energy system. This does not include solar energy facilities used for the wholesale generation of solar energy by utility companies and/or other business entities.

(Adopted 8-7-2017)

In any residential district, where the average setback distance for existing buildings on all lots located wholly or partly within 200 feet of any lot, and within the same zoning district and fronting on the same side of the same street as such a lot is less than the minimum setback required in such zoning district, the setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots within the 200 feet, and in no instance shall the setback be reduced to less than 15 feet. When lots within the 200 feet are vacant, such vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance. (11-20-75, art. 3, 3.12; 2-6-78)

   INTENT: To recognize the existence of property with multiple structures of which at least one structure on the property was constructed prior to November 20, 1975. The following requirements shall be applied:

   (e)   Group developments may be allowed in the following zoning district: R-2, R2-A, R2-B, R-2H, R2-AH, R-3, RS-6, RS-8, RS-10, SP-C, VC, VC-2,C-2, C-2H, C-3, I-1, S-1, BT, RB, MLM, WVC, MC-1, MC-2, SNC, and Highway 345. Only those uses listed as permitted and/or special uses in the applicable zoning district shall be considered for group developments. This language is not intended to allow any use as a group development that is not permitted by right in the applicable district. (Adopted by the Dare County Board of Commissioners on February 4, 2002)

(Adopted 1-20-2015; amended 11-20-2017)

(Am. Ord. passed 6-21-2021; Am. Ord. passed 9-3-2024)

   Cluster home developments consist of more than one residential dwelling on one parcel of land whereby the dwellings are occupied on a long-term basis. These standards are designed to facilitate the development of cluster home projects in unincorporated Dare County subject to the following provisions. The following provisions shall apply:

   (c)   Setbacks: Dwellings constructed as part of a cluster home development shall be subject to the setbacks of the applicable zoning district.

   (d)   Separation of dwellings: 15 feet.

   (e)   Lot coverage: 30% of the total lot area.

   (f)   Building height: Same as the applicable zoning district.

   (g)   Maximum size of dwelling: Any dwelling constructed as part of the cluster home development shall not exceed 1,200 square feet of heated/conditioned space.

   (h)   Parking: Parking for cluster homes shall be provided at a rate of one parking space per bedroom of each cluster home. Such parking may be provided at individual dwelling sites or in a congregate area for the entire development. Fifty percent (50%) of the required parking shall be of an impervious surface of concrete or asphalt (not to include asphalt millings or other similar products).

   (i)   Roads – cluster home developments that cannot be properly served by emergency or service vehicles from an existing abutting road or street, shall be made accessible to such vehicles from a 30' right-of-way with 20 feet of paved improvements.

   (j)   Ownership of cluster homes – cluster home sites may be transferred to individual owners with the remainder of the lot dedicated as common area owned by a homeowners association or similar entity. Cluster homes shall be occupied or rented on a for long-term occupancy as defined in Section 22-2 of the Zoning Ordinance.

   (k)   A copy of the approved special use permit for a cluster home development shall be recorded with the approved site plan of the development.

   (l)   Other reasonable and appropriate conditions to reflect individual specific site conditions may be applied to cluster home development as part of the special use review and approval process.

(Ord. passed 10-15-2018; Am. Ord. passed - - ; Am. Ord. passed 6-21-2021; Am. Ord. passed 5-17-2023)