(A)   No building or land shall be used or occupied and no building or part shall be erected, moved, or altered, except in conformity with the regulations for the district in which it is located.

   (B)   No building shall be erected or altered so as to exceed the height limit, to accommodate or house a greater number of families, to occupy a greater percentage of the lot area, or to have narrower or smaller rear, front, or side yards than are required as specified in the regulations for the district in which it is located.

   (C)   No part of a yard or other open space required about any building for the purposes of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

(1996 Code, § 155.020) (Ord. passed 5-21-1984)

   (A)   Nonconforming uses.

      (1)   A nonconforming use of any building or land shall not be enlarged or extended. However, a nonconforming use of any building may be extended to any portion of such building which was, at the time such use became nonconforming, manifestly arranged or designed for such use.

      (2)   A nonconforming use may be changed from one nonconforming use to another similar nonconforming use.

      (3)   No structural alterations shall be made in a building housing a nonconforming use, except routine maintenance up to 10% of the tax value of the structure.

      (4)   A nonconforming use of any building or structure which is damaged to an extent exceeding 75% of its then reproductive value, exclusive of foundations, by fire, flood, explosion, earthquake, riot, or act of God, shall be discontinued, and such building or structures shall be used only in conformance with the provisions of the district in which it is located.

      (5)   If a nonconforming use is discontinued for a period of more than 180 days, any future use of the land or building shall be in conformity with the provisions of this chapter.

   (B)   Nonconforming buildings and structures.

      (1)   A nonconforming building or structure shall not be enlarged or extended unless such extension shall comply with all the requirements of this chapter for the district in which it is located.

      (2)   A nonconforming building or structure, which is damaged to an extent exceeding 75% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, riot, or act of God, shall not be reconstructed except in conformity with the provisions of this chapter. However, any single-family dwelling unit in any commercial district shall be allowed to rebuild regardless of the extent of damage.

(1996 Code, § 155.021) (Ord. passed 5-21-1984)

   (A)   Every building erected or structurally altered shall be located on a lot, and with the exception of group developments and manufactured home parks, there shall be not more than one principal building (including manufactured homes) and accessory buildings on a lot.

   (B)   No dwelling shall be erected on a lot or tract of land which does not have access to at least one public street or road.

(1996 Code, § 155.022) (Ord. passed 5-21-1984; Ord. passed 5-16-2005)

   No lot shall be reduced in size so that lot width, yard requirements, lot area per dwelling unit, or other requirements of this chapter are not maintained.

(1996 Code, § 155.023) (Ord. passed 5-21-1984)

   In any district within the triangular area formed by joining points (with a straight line) on the centerlines of intersection or intercepting streets 60 feet from their intersection, there shall be no obstruction to vision by structures, grade, or foliage other than power or utility poles between a height of three feet and a height of ten feet, measured above the average elevation of the existing surface of each street at the centerlines.

(1996 Code, § 155.024) (Ord. passed 5-21-1984)

   (A)   In any district where residences are permitted, a lot having an area or width less than the required area or width and having been a lot of record on or before the effective date of this chapter, may be occupied by a single-family dwelling. However, the minimum front, rear, and side yard requirements for the district in which it is located shall be met.

   (B)   In the commercial districts, a lot having an area or width of less than the required area or width and having been a lot of record on or before the effective date of this chapter may be occupied by a permitted use. However, all other requirements of the district shall be met.

(1996 Code, § 155.025) (Ord. passed 5-21-1984)

   If two or more adjoining and vacant lots of record are in a single ownership after the effective date of this chapter and each lot individually has less area or width than the minimum requirements of the district in which such lots are located, these lots shall be considered as a single lot which meets the minimum requirements of this chapter.

(1996 Code, § 155.026) (Ord. passed 5-21-1984)

   In residential districts, the minimum width of the side yard along an intersection of streets shall be at least 25 feet from the road right-of-way line. Accessory buildings in the rear yard shall also comply with this requirement.

(1996 Code, § 155.027) (Ord. passed 5-21-1984)

   (A)   The front yard requirements for the various districts shall not apply to any lot where the front yard coverage on neighboring developed lots is less than the minimum required front yard. This applies only if the developed lots are located wholly or in part within 100 feet of each side of such lot and within the same block and zoning district and fronting on the same street or road as such lot. In such cases, the front yard on this lot may be less than the required front yard, but not less than the average of the existing front yards on the developed lots, provided that the front yard on such lot shall not be less than one-half of the required front yard.

   (B)   All measurements for front yard and corner side yards shall be made from the state road right-of- way line.

   (C)   Permitted Non-Residential uses and structures within any residential zoning district shall meet the required setback for a principal building.

(1996 Code, § 155.028) (Ord. passed 5-21-1984; Am. Ord. passed 2-2-2015)

   Roof structures for the housing of communication towers, elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, skylight, towers, steeples, flagpoles, chimneys, wireless masts, water tanks, silos, or similar structures may be erected above the height limits specified in this chapter, but no roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential or commercial use.

(1996 Code, § 155.029) (Ord. passed 5-21-1984; Ord. passed 12-16-1996)

   (A)   General requirements. All manufactured homes, either on individual lots or in parks, shall meet the following standards.

      (1)   All units shall be skirted with a solid, nonflammable material.

      (2)   All units shall be set up and anchored in accordance with G.S. §§ 143-144 et seq., the Uniform Standards for Manufactured Homes Act, as revised.

      (3)   All manufactured homes shall be properly skirted after the final inspection but prior to the activation of electrical service to the home.

   (B)   Manufactured home prohibited uses. Manufactured homes designed in accordance with state and federal standards and intended to be used as dwelling units shall not be used for any other purpose (including storage, accessory structures, or any nonresidential use).

   (C)   Manufactured home as a temporary use. A manufactured home may be permitted as a temporary use according to the following standards:

      (1)   Hardship. See § 155.190; and

      (2)   Construction or reconstruction of a permanent site-built dwelling. A temporary use permit may be approved by the Zoning Enforcement Officer for up to two years. The permit may be renewed for one additional two-year period upon a showing by the applicant that the single-family site-built dwelling will be completed within the two-year permit renewal and that unnecessary hardship would result if the permit were not renewed. The following information shall be submitted and requirements met before the Zoning Enforcement Officer may approve a temporary use permit for a manufactured home:

         (a)   A completed application form;

         (b)   The manufactured home shall meet the standards for a Class C manufactured home;

         (c)   Information which validates the age, size, model number, and serial number of the manufactured home. A copy of the current bill of sale, current title, or certified tax listing form from the county in which the home is presently located may be used to validate the age, size, model number, and serial number;

         (d)   An approved on-site wastewater system permit from the County Environmental Health Department or evidence of an approved connection to a public sewer system;

         (e)   A site plan with the proposed location of the manufactured home and the single-family dwelling to be built on the property showing. The manufactured home shall be located as near to the side or rear of the property as practicable (subject to location of the on-site sewage disposal system);

         (f)   An application for a zoning permit and building permit including house plans for the single-family site-built dwelling. A valid building permit shall be required to be issued prior to the issuance of the temporary use permit;

         (g)   All applicable fees shall be paid; and

         (h)   The manufactured home shall be removed no later than 14 days following the issuance of the certificate of occupancy for the single-family site-built dwelling. Failure to remove the manufactured home shall be considered a violation of this Zoning Code.

   (D)   Nonconforming manufactured home replacement standards. Any proposed replacement of a nonconforming manufactured home shall occur no more than six months from the date the existing nonconforming home is removed from the property. If the replacement manufactured home has not been permitted within six months of the removal of the existing nonconforming manufactured home, only a valid conforming use (as listed in § 155.130) shall be established on the lot. The following information shall be submitted and requirements met prior to a zoning compliance permit being approved:

      (1)   The replacement manufactured home shall be the same age or newer than the existing nonconforming manufactured home, but in any case shall not be manufactured prior to July 1, 1976;

      (2)   If the existing nonconforming manufactured home has been removed from the property prior to applying for a zoning compliance permit for the replacement home, the property owner shall submit a notarized statement certifying the actual date the existing nonconforming manufactured home was removed from the property and stating the name and contact information of the person(s) responsible for removing the home;

      (3)   A notarized statement which validates the age, size, model number, and serial number of the replacement manufactured home. A copy of the current bill of sale, current title, or certified tax listing form from the county in which the home is presently located may be used to validate the age, size, model number, and serial number;

      (4)   A notarized statement which validates the age, size, model number, serial number, and location of the existing nonconforming manufactured home. A copy of the current bill of sale, current title, or certified tax listing form from the County Tax Assessor may be used to validate the age, size, model number, and serial number. A survey prepared by a state licensed land surveyor may be required to certify the location of the existing nonconforming manufactured home; and

      (5)   Any other information required as part of the application for a zoning compliance permit (see § 155.282).

   (E)   Enforcement procedures. When the Zoning Enforcement Officer has determined that the person responsible (defined as the manufactured home owner, or the property owner in the case of a leased lot), has not taken steps to implement the requirements of this section, the Zoning Enforcement Officer shall send the person responsible a registered letter by first class U.S. mail notifying the person responsible of the violation. The person responsible shall have 30 days from the date the letter was placed in the U.S. mail to bring the manufactured home into compliance with the applicable standard of the Zoning Code.

(1996 Code, § 155.030) (Ord. passed 5-21-1984; Ord. passed 5-16-2005) Penalty, see § 155.999

   (A)   Purpose. This section is enacted to protect the health, safety, and general welfare of the people of Davie County pursuant to powers granted under G.S. §§ 153A-132, 153A-136, and 153A-140, the Davie County Code, and subsequent re-codifications and/or amendments, and other applicable legislation, as may be adopted in the future.

      (1)   To prevent injury and illness to occupants of property and the public and to remove public nuisances.

      (2)   To provide countywide standards for the abatement of public nuisances including, but not limited to solid waste, junked motor vehicles and abandoned manufactured homes.

      (3)   To establish responsibility of involved parties and assure that people are not unnecessarily exposed to dangers of public nuisances.

(1996 Code, § 155.031) (Ord. passed 5-21-1984; Am. Ord. passed 6-1-2015)

   (A)   Modular classrooms. Modular classrooms shall meet the following conditions.

      (1)   All modular classrooms shall be listed as such and shall not be used for any other purpose.

      (2)   All modular classrooms shall require a zoning compliance permit.

      (3)   All modular classrooms shall be set up in accordance with all applicable state and local codes.

      (4)   All modular classrooms shall be skirted with a non-flammable material after the final inspection but prior to the activation of electrical service to the modular classroom.

   (B)   Modular offices. Modular offices shall meet the following conditions.

      (1)   All modular offices shall be listed as such and shall not be used for any other purpose.

      (2)   All modular offices shall require a zoning compliance permit.

      (3)   All modular offices shall be set up in accordance with all applicable state and local codes.

      (4)   All modular offices shall be skirted with a non-flammable material after the final inspection but prior to the activation of electrical service to the modular office.

   (C)   Construction trailers. Construction trailers (job trailers) shall be permitted only on a temporary basis and must meet the following conditions.

      (1)   All construction trailers shall be listed as such and shall not be used for any other purpose.

      (2)   All construction trailers shall require a zoning compliance permit.

      (3)   All construction trailers shall be set up in accordance with all applicable state and local codes.

      (4)   All construction trailers shall be removed no later than seven days following the issuance of the certificate of occupancy for the principal building for which the construction trailer was intended.

      (5)   If a construction trailer is relocated within the same development site as originally permitted, a new zoning compliance permit shall be required.

(1996 Code, § 155.032) (Ord. passed 5-21-1984; Ord. passed 5-16-2005)

   (A)   General requirements. All communication towers shall meet the following requirements.

      (1)   Signage prohibitions. No signs or logos of any type shall be allowed on any communication tower.

      (2)   Compliance with other regulations. Any builder, user, carrier, and the like shall submit documentation that the communication tower and antennas will meet the American National Standards Institute (ANSI) standards and applicable Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations, and comply with all other federal, state, or local laws and regulations. Approval by the FAA shall be submitted prior to the issuance of a zoning or building permit. At the time of application for a building or other county permit, the plans for the tower and antenna construction shall be certified by a structural engineer licensed to work in this state as meeting current safety and design standards of applicable codes.

      (3)   Co-location requirements. Towers shall be designed and constructed so as to support a minimum of three users.

      (4)   Subsequent co-location requirements. Subsequent co-location or shared use on existing communication towers or other structures which do not increase the height of the existing tower or structure shall not require a special use permit.

      (5)   Security fencing. There shall be a minimum eight-foot high fence installed around the perimeter of the tower compound. Security fencing shall not be required for accessory communication facilities.

      (6)   Replacement or alternation of nonconforming communication towers. Nonconforming towers shall be treated the same as any other nonconforming use.

      (7)   Removal of communication towers no longer in use. A tower whose continuous use for communication purposes has been discontinued for a period of 180 consecutive days shall be removed by the owner. DISCONTINUANCE, for purposes of this section, shall mean the voluntary termination or cessation of a use of the original permitted use.

      (8)   Public service access. At the request of the local governing authority a license shall be granted to the local governing authority to place public service communication antennas or other public service telecommunication devices on the communication tower, provided that such communication antennas or other telecommunication devices do not interfere with function of the antennas or array of antennas of the communication tower operator or other existing service providers located on the communication tower.

   (B)   Specific requirements.

      (1)   Setback requirements. All communication towers adjacent to any residential and nonresidential zoning district shall have a minimum setback of 100% of the tower’s height. For the purpose of this section, the height of an accessory communication facility shall be determined by the distance by which the accessory communication facility exceeds the height of principal structure to which the accessory communication facility is attached. In no case, however, shall the setback be less than the minimum setback required for the principal building or structure in the zoning district in which the principal building or structure is located.

      (2)   Co-location (shared use) requirements. Communication towers proposed to be located within a five-mile radius of another communication tower shall require co-location on such other communication tower. In the event that co-location is not feasible, the Board of Adjustment may issue a special use permit before a communication tower can be located within a five-mile radius of another communication tower. In no instance shall a communication tower be closer than one mile of another tower.

      (3)   Color. Communication towers shall be light gray except when otherwise required by the Federal Aviation Administration (FAA).

      (4)   Illumination. Communication towers in agricultural and residential districts shall be illuminated only as required by the Federal Aviation Administration (FAA). Illumination shall not be oriented to project lighting onto surrounding residential properties.

(1996 Code, § 155.033) (Ord. passed 12-16-1996)

   The mining and dredging of sand from dry land, creeks, and rivers for purposes other than public safety, navigation, and water quality performed by or for a local, state, or federal governmental agency shall meet the following additional requirements.

   (A)   Operations affected by regulations. Mining and dredging of sand shall not include drag-line dredging. Permissible dredging shall only include vacuum or suction-type dredging. Dredging performed by a property owner for the purpose of property maintenance shall not be required to meet these development standards when the total area of the land disturbance is one acre or less. This shall not include a contract or lease for commercial dredging purposes by a third party on behalf of a property owner.

   (B)   Access. All mining and dredging operations shall obtain a driveway permit, if needed, from the State Department of Transportation prior to any activity. All such operations shall have direct access to a public street by means of a dedicated driveway. Public streets providing access to the site shall be adequate, as determined by the State Department of Transportation, to safely support the vehicle traffic which will be generated by the operation.

   (C)   Cessation of activity and remediation. Whenever the mining and/or dredging operation is completed, ceases activity for more than three years, or is ordered to be permanently discontinued by any county, state, or federal agency, all equipment and material associated with the activity shall be removed from the property, and the land-based portion of the operation shall be returned to a state consistent with the condition of the property which existed prior to the commencement of mining and dredging. Failure to comply with this section within the time stated in the reclamation plan shall subject the operator and the property owner to any and all remedies permitted under this chapter. In addition, failure to comply may also constitute a public health nuisance and as such may be remedied by the county pursuant to G.S. § 153A-140.

   (D)   Conformance with other laws. Prior to commencement of activity, the operator shall submit copies of all state and federal permits required for legally conducting the activity and shall submit copies of amended permits if approved.

   (E)   Equipment and land maintenance. All site-based equipment used in the operation, which is visible from the river, an adjacent property, or a public road, shall be maintained in a workmanlike manner free of significant rust or other conditions which would make the equipment appear to be derelict. No equipment not regularly and routinely used as part of the operation shall be stored or otherwise kept on the site. Only routine or emergency maintenance of site-based non-vehicular equipment associated with the mining and dredging operation shall be permitted on the site. No oil, gasoline, or other hazardous or toxic substance shall be permitted to drain onto the land and, if accidentally spilled, shall be completely remedied. All land associated with the operation shall be maintained free of litter and any other condition which constitutes a public health nuisance.

   (F)   Flooding. Whenever a mining and dredging operation would in the course of its operation create an off-site flooding hazard, the operator, before commencing any such activity, and at such other times during the mining and dredging operation as may be necessary, shall take whatever necessary and legal action is required to afford the same protection as if no mining and dredging operation existed. No mining and dredging operation shall impede the flow of any watercourse.

   (G)   Hazardous material. If, at any time during the mining and dredging operation, any governmental agency discovers or suspects that a hazardous material exists within the river system that may be or has been extracted along with the material being mined and dredged, the mining and dredging operation shall cease. No activity shall recommence until such time as the Planning Director or Zoning Enforcement Officer is satisfied that there is no threat to the public.

   (H)   Hours of operation. Any part of the mining and dredging operation that generates noise, dust, or odor, including the transport of material, shall be limited to operating between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday and may not operate at all on Saturdays and Sundays.

   (I)   Operational plan. The petitioner shall submit the following information with the application for special use permit:

      (1)   The name, address, and telephone number of the operator and the name, address, and telephone number of a contact person;

      (2)   The nature of the operation and its purpose;

      (3)   The approximate date to begin the operation and its expected duration;

      (4)   The estimated type and volume of extraction material;

      (5)   A description of the method of operation, including the disposition of spoil and byproducts;

      (6)   The amount, location, and description of the equipment to be used in the extraction process (photos if possible);

      (7)   The type and number of trucks and/or other equipment proposed to be used to remove material from the site and the maximum number of trips per day of such vehicles;

      (8)   Any phasing of the operation and the relationship of the various phases;

      (9)   A reclamation plan stating when reclamation will commence, what type of reclamation will be made and how, and how long reclamation will take to complete (a maximum 90-day reclamation period will be permitted); and

      (10)   An acknowledgment of responsibility and a statement of action for ensuring that all requirements of this section will be met prior to and throughout the duration of any activity.

   (J)   Sedimentation control. No mining and dredging equipment shall cause erosion of the stream bank. No material generated as part of the mining and dredging operation shall be carried by wind or water to any adjacent property, public road, public right-of-way, or public easement. In addition, all public roads shall remain free of spillage or material blown off of vehicles or tracked by vehicles onto roads from the site. All sites shall have either a sedimentation and erosion control plan approved by the State Division of Land Quality or a sealed statement from an engineer registered in this state that such a plan is not required by state law for any and all phases of the operation.

   (K)   Setbacks. Setbacks are required from adjacent lots and occupied dwellings not owned by the land owner where the mining and dredging operation is located. No part of the land-based portion of any mining and dredging operation, as shown on the site plan, shall be within 200 feet of an adjacent lot or within 500 feet of an occupied dwelling unless the owner of the adjoining lot or occupied dwelling grants an easement for the purpose of mining and dredging, regardless of whether such lot or dwelling is immediately adjacent to the lot on which the mining and dredging operation is located. No part of any driveway or access road used for the transport of material or equipment to or from the site may be located within 50 feet of an adjacent lot or 200 feet from an occupied dwelling unless either a densely planted evergreen buffer is installed, a plan for dust control from the access road and from transport vehicles is approved by the Board of Adjustment, or an easement is granted from the adjoining property owner to reduce the setback. Whenever two or more adjoining lots are held in single ownership, such lots may be considered as one lot for the purposes of meeting the setback requirements. If the lot on which the mining and dredging operation is located is reduced in size so that the dimensional requirements cannot be met, the mining and dredging operation shall cease until the setbacks are met.

   (L)   Required buffers. The land-based portion of a mining and dredging operation shall not cut or remove any existing trees closer than 50 feet from the top of the stream bank, except that an access path to the stream no wider than 25 feet may be cleared and stabilized to prevent erosion. No part of the land-based portion of a mining and dredging operation shall be located closer than 50 feet from the top of the stream bank. Any trees cut or cleared as part of the mining and dredging operation shall be planted with similar native trees within 90 days of the operation ceasing activity. Replanting shall be coordinated with the County Soil and Water Conservation District regarding type and quantity of plant material to achieve a condition as near to that which existed prior to the clearing of any trees.

   (M)   Dust control. Acceptable means of dust control may include a combination of watering the access road, completely covering the cargo area of the hauling vehicle with a tarp or other fabric cover, or other such measures deemed necessary by the Board of Adjustment to prevent a nuisance to adjacent properties.

   (N)   Site plan required. A site plan drawn to scale shall accompany any application for a special use permit and shall include the following:

      (1)   The entire location of the land-based portion of the operation;

      (2)   The total water-based portion of the operation;

      (3)   The location and width of all roads and driveways serving the site;

      (4)   The proposed location of all equipment and materials storage areas;

      (5)   The location of any structures and other uses on the site;

      (6)   Calculations showing compliance with all size and dimensional requirements;

      (7)   Location of all required buffers, if any;

      (8)   Dust control measures proposed; and

      (9)   Any other information required by this section and any other information deemed necessary by the Planning Director or the Board of Adjustment to demonstrate compliance with the provisions of this section.

   (O)   Size. The land-based portion of any mining and dredging operation shall be located on a lot at least ten acres in size if the operation is less than one acre in total land area, or on a lot at least 20 acres in size if the operation is one acre or more in total land area. The land-based portion of any mining and dredging operation shall not occupy more than 50% of the total lot area on which it is located, including all storage, processing, parking, and transportation facilities, but not including driveways and/or access roads leading to the site from the public street. Whenever two or more adjoining lots are held in single ownership, these lots may be considered as one lot for the purposes of meeting the minimum lot size requirements of this division (O). If at any time the lot on which the operation is located is reduced to less than the required minimum lot size, the mining and dredging operation shall cease until the minimum lot size is met.

   (P)   Term. The special use permit may be granted for a term of up to ten years from the date of approval of the permit. Upon expiration of the permit, application for a new permit may be submitted and shall contain all required information to demonstrate compliance. The Board of Adjustment, in their review, may consider existing conditions of the site, changes in development patterns of the surrounding areas, or other issues related to the granting of the permit.

(1996 Code, § 155.034) (Ord. passed 2-16-2004; Ord. passed 7-14-2014) Penalty, see § 155.999

   Rural retreats and rural resorts shall comply with the following standards.

   (A)   Parcel size. The minimum lot area of rural resorts and retreats shall comply with division (K)(1) of this section.

   (B)   Separation requirement. When not located within a planned unit development, rural retreats shall be appropriately sited so as not to infringe on the character of any existing residential use or the natural topography of the area.

   (C)   Setbacks. All new buildings, active recreational areas, parking, and lighted areas shall meet the requirements of division (K)(3) of this section.

   (D)   Access. A dedicated easement or strip of land that is a minimum of 30 feet wide shall be provided to the site from a public road that has a minimum 18-foot wide travel portion width that consists of an all-purpose paved material.

      (1)   For any establishment that is not located on a state maintained road, a copy of the deed establishing the ingress/egress easement shall be provided to the Planning Director. The deed shall demonstrate that the easement may be used to support the establishment.

      (2)   Entrances and exits from the state maintained road shall provide safe ingress and egress from roads, and shall be channeled to prevent unrestricted access to and from the premises.

   (E)   Appearances. All structures used in conjunction with the resort/retreat conference shall be designed and constructed to mimic the outward appearance of single-family residences, garages typically found on single-family residential lots in the county, and/or barns common to the county. Exterior materials not commonly found in use on residential buildings in the county and highly reflective materials shall not be permitted.

   (F)   Water and sewer. The establishment shall be served by public water and sewer if located within a Highway Business District. Otherwise, the establishment shall be served by a public or private water system and a private wastewater collection and treatment system.

   (G)   Open space. A minimum of 75% of the site shall remain as open space.

      (1)   Recreational uses customarily incidental and subordinate to the rural resort or retreat permitted in the open space area may include: swimming pools and related facilities, boating facilities, tennis and other sports courts, equestrian facilities, picnic areas, golf courses and related facilities, ballfields, children’s play equipment and passive recreation facilities. Driveways and parking areas supporting these recreational facilities may also be located in the open space area.

      (2)   On-site recreation facilities shall be used only by employees, trainees, or conferees.

   (H)   May be open to public. These establishments may be open to the general public for patronage.

   (I)   Outdoor events. Outdoor events (e.g., weddings, receptions, parties, concerts) or similar activities conducted for compensation shall be permitted only upon application for a temporary zoning permit from the Zoning Enforcement Officer, who may impose conditions regarding hours of operation, volumes of amplified music, type and intensity of outdoor lighting, traffic control measures, and similar health, safety, and welfare matters.

   (J)   Sales on-site. No products shall be sold on-site except for those that are clearly incidental and integral to and necessary to the comfort and convenience of resort visitors, including pro shops, personal necessities shops, and gift shops.

   (K)   Additional standards. Rural retreats and resorts shall comply with the following additional requirements in addition to the general standards identified above. Where there is a conflict between these standards and the general standards controlling the development of rural resorts and retreats, these standards shall control.

      (1)   Intensity/character. The minimum lot area shall be as follows.

 

 

      (2)   Size of use.

         (a)   Area. The restaurant and banquet facilities on premises shall not exceed 20% of the total floor area of the rural retreat or resort.

         (b)   Outdoor storage. No outdoor storage shall be permitted. This shall include materials, equipment, parts, supplies, waste (except in approved waste containers), and similar items. Approved waste containers shall be located in the rear of the building and be completely screened from public view.

      (3)   Yard standards. The minimum required yards shall be as follows.

         (a)   Level I – Rural Retreat: 150 feet minimum from all lot lines.

         (b)   Level II – Rural Retreat: 200 feet minimum from all lot lines.

         (c)   Level III – Rural Retreat: 250 feet minimum from all lot lines.

      (4)   Landscaping/buffering/screening.

         (a)   Landscaping/screening shall meet the requirements of § 155.172.

         (b)   Driveways shall not be located within a required buffer yard area except as minimally necessary to access the site.

      (5)   Roads/access. There shall be no more than two points of access to a rural retreat or resort. This requirement shall not preclude an additional access for emergency vehicles only.

      (6)   Parking.

         (a)   General. Parking and loading shall be provided as required by § 155.050.

         (b)   Screening. All parking and storage for retail areas shall be screened from adjoining properties used or zoned for residential or agricultural purposes. If existing topography and natural vegetation does not provide an adequate visual barrier, selective screening may be required.

      (7)   Exterior lighting standards. Pole-mounted exterior lighting. The maximum height of pole-mounted exterior lighting shall be 25 feet.

         (a)   Shielded lighting/light element. Fully shielded lighting fixtures shall be used in all areas. The light element (lamp or globe) of a fixture shall not extend below the cutoff shield.

         (b)   Hours of operation. All exterior lighting shall be extinguished from 10:00 p.m. to 6:00 a.m., except for exterior lighting that is determined necessary for security purposes.

         (c)   No lighting shall be directed onto adjacent property. Floodlights or other high-intensity lighting shall be prohibited.

(1996 Code, § 155.035) (Ord. passed 12-4-2006) Penalty, see § 155.999

   (A)   Package wastewater treatment plants, public or private, shall be a permitted use in the Heavy Industrial (I-4) zone, upon approval of a special use permit by the Board of Adjustment and in compliance with the standards set forth in this section.

   (B)   The establishment and operation of package wastewater treatment plants, public or private is regulated through this chapter to permit facilities which could cause negative impacts or otherwise have operational complexities requiring special consideration by the Board of Adjustment. Uses permitted under this chapter shall comply with the terms of this chapter and shall not generate appreciable amounts of noise, light, dust, odor, glare, vibration, or traffic and they shall be well integrated into the area through careful siting, buffering, and design, and shall meet the following requirements.

      (1)   Dimensional requirements. 

         (a)   Lot size. Five acres (217,800 square feet) shall be the minimum lot area. Any part of the property located in a public or private street right-of-way or easement shall not be included in this minimum lot area.

         (b)   Setbacks. All principal buildings shall be set back a minimum of 50 feet from all property lines and zoning boundaries.

         (c)   Accessory buildings. Accessory buildings shall be limited to the rear yard of a lot containing the principal building(s) (excluded from front and side yards). These buildings shall not be located within 25 feet of any street right-of-way or within ten feet of any lot line not a street right-of-way line.

      (2)   Application. A completed application for a special use permit shall include the following:

         (a)   A site plan showing the siting and size of all existing and proposed topography at a contour interval of two feet and any officially designated floodways and floodplains;

         (b)   Plans, elevations, and perspectives for all proposed structures and descriptions of their operating characteristics including noise, odor, lighting, and dust;

         (c)   A landscape plan showing, at the same scale as the site plan, existing and proposed trees, shrubs, ground cover, and other landscaping materials; and

         (d)   A map showing land uses and zoning classifications withing 1,000 feet of the site.

      (3)   Permit requirements. The following requirements shall be met by all uses approved as part of the application for the special use permit.

         (a)   Covenants, conditions, and restrictions. All covenants, conditions, and restrictions related to the ownership, use, maintenance, or operation of the facility shall be submitted prior to any local, state, or federal permits.

         (b)   Effluent. All effluent discharged from an approved package treatment plant shall meet all local, state, and federal regulations at such date of approval or as subsequently amended. Streams or water bodies receiving effluent shall be monitored for compliance by the operator of the plant. Any violation of local, state, or federal water quality standards shall immediately be reported to the county.

         (c)   Expansion. No permitted facility shall be expanded, enlarged, or intensified without proper application and approval by the county. Expansion, enlargement, and intensification includes an increase in the number of wastewater customers, volume, capacity, or other measurable quantity.

         (d)   Landscaping. A well-landscaped buffer shall be planted along all property boundaries and zoning lot lines. Such buffer shall be a minimum of 15 feet in width at any point. Plantings shall consist of at least two rows of evergreen shrubs or trees, planted seven feet on center, with each row staggered such that no unobstructed openings of one foot or more shall exist within two years of planting. Planting shall occur prior to a certificate of occupancy or by the next planting season upon submittal of a landscaping bond or letter of credit to guarantee the installation of required landscaping. Plants shall be at least four feet in height and at least three feet in width measured two feet above grade at planting. In the event that any plants die or become diseased and have to be removed, a six-foot solid wood fence may be required to be installed in the affected buffer area by the Zoning Enforcement Officer after a finding that required landscaping is not being adequately maintained.

         (e)   Legal form. Any operator of a package treatment plant shall be licensed for such purpose in the state and shall submit proof of incorporation or license to conduct business in this state. Such form is subject to periodic review by the County Attorney as necessary to ensure compliance.

         (f)   Lighting. No outdoor lighting shall be installed other than normal residential dusk-to-dawn lighting. No lighting shall be directed onto adjacent property. Floodlights or other high-intensity lighting shall be prohibited except to provide security as required by any state or federal regulation.

         (g)   Noise. Equipment producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest property line or zoning lot line.

         (h)   Odor. All treatment units are to be covered and off-air treated for odor control prior to release to the atmosphere. Applicant must demonstrate that odor from the plant will not adversely affect any residential development, whether or not the development is served by the facility.

         (i)   Operation. All operation of an approved package treatment plant shall be in accordance with all local, state, and federal regulations related to such operation. The operator of the plant shall provide monthly reports to the county showing that all required inspections and routine maintenance has been performed, that all operators are properly licensed, and that sufficient security is being maintained at all times in the form of liability insurance or bond from a state-licensed surety company to cover any damage or violations of applicable regulations. Any liability insurance or surety shall be in an amount not less than $5,000,000, U.S.

         (j)   Outdoor storage. No outdoor storage of any kind shall be permitted. This shall include materials, equipment, parts, supplies, and similar items.

         (k)   Reclaimed water. Reclaimed water may be used for landscaping; in no case shall it be used for any food crops.

         (l)   Security fencing. Security fencing, a minimum of eight feet in height, shall be provided around the entire facility. All required security fencing shall be placed on the interior of any required landscape buffers.

         (m)   Signage. One identification sign, not to exceed four square feet in area, shall be placed on-site to identify the responsible party, operator, and emergency contact. A 24-hour emergency contact telephone number shall be placed on the sign.

         (n)   Unsightly or nuisance conditions. Any unsightly or nuisance condition related to the facility shall immediately be corrected upon notice by the county. Continued unsightly or nuisance conditions shall be subject to a fine not less than $5,000 per day, nonwaivable. Any fines assessed and uncollected shall be liened against the property and may be collected in the nature of a debt through foreclosure proceedings or other applicable remedy at law.

         (o)   Violations. Violation of any condition of the approved permit shall be subject to a fine not less than $5,000 per day, nonwaivable upon proper notice and subject to appeal to the Board of Adjustment. Any fines assessed and uncollected shall be liened against the property and may be collected in the nature of a debt through foreclosure proceedings or other applicable remedy at law.

      (4)   Required findings. The following findings shall be made by the Board of Adjustment prior to approving any application for a permit or approval of any certificate of occupancy for any package treatment plant permitted.

         (a)   There is not, on the date of application is filed, nor is there planned within five years, a public sewer system with sufficient capacity to serve the property or properties which will be served by the package plant located within a reasonable distance to permit connection to the public sewer.

         (b)   Connection to a public sewer is not required as a condition of any zoning approval relating to the property or properties which will be served by the package plant.

         (c)   The County Environmental Health Department and the State Department of Environment and Natural Resources have denied permission to install, repair, or replace one or more individual sewage disposal systems to serve the property or properties which will be served by the package plant.

         (d)   The applicant has been issued an NPDES discharge permit by the State Department of Environment and Natural Resources prior to the final approval of any local zoning and building permit for such facility.

         (e)   The applicant has provided sufficient security, as determined by the Board of Adjustment, to ensure the continued operation and maintenance of the package plant.

         (f)   The applicant has recorded and provided proof of recording to the County Attorney, a declaration of covenants, conditions, and restrictions, which is an equitable servitude running with the land to be served by the package plant, which provides that:

            1.   The property or properties served by the package plant will be assessed by the Board of Commissioners for its proportionate share of the costs of continued operation and maintenance of the package plant if there is a default by the applicant or operator and the security required by division (B)(4)(f) of this section has been exhausted, no longer exists, or is not available;

            2.   All users of the package plant will connect to the public sewer when a public sewer with sufficient capacity to serve all users is brought within the distance in which the property or properties served by the package plant could be reasonably connected to the public sewer if the property or properties were being developed then;

            3.   The property or properties served by the package plant will be assessed by the county for its proportionate share of reimbursement of the county’s cost of connecting the property or properties to the public sewer, including local government fees in effect at the time of connection;

            4.   Upon connection of the users to the public sewer, the package plant will be removed from the site and the land put to another use permitted by applicable regulation, or be restored to a vacant condition consistent with the natural or surrounding topography of the land;

            5.   The property or properties served by the package plant will be assessed by the county for its proportionate share of reimbursement for the county’s cost of removal of the package plant and restoration or change of use of the land;

            6.   The assessments for the costs of operation and maintenance, connection to the public sewer or removal of the package plant and restoration or change of use of the land, or any combination of such assessments shall constitute a lien upon the property or properties served by the package plant which will become effective upon recording of a notice of lien by the county; and

            7.   A written disclosure of all provisions of the permit will be made to the property owners and subsequent owners by the developer/seller. Acknowledgment of receipt of disclosure to all property owners shall be filed with the county prior to connection to the sewer system served by the package treatment plant.

         (g)   The applicant has complied with any special conditions required by the Board of Adjustment.

(1996 Code, § 155.036) (Ord. passed 9-5-2006) Penalty, see § 155.999