(A)

The hours of operation allowed shall be compatible with the land uses adjacent to the carnival or fair.

(B)

The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(C)

A permit shall not be granted unless parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(A)

Any structure or loading or unloading area associated with the use shall not be located within one hundred (100) feet of any property line which is in a Residential District.

(B)

All animals awaiting processing are to be housed within a fully enclosed structure.

(C)

All inedible offal, meat that is not food, condemned material and refuse of the meat processing shall be refrigerated and stored in the interior of a fully enclosed structure until time of pick up or final disposal.

(D)

All loading and unloading areas for animals shall be screened from adjoining properties.

(E)

Humane bedding shall be provided for animals housed over 24 hours.

(F)

Proper disposal of all bedding materials shall be required.

(G)

All animals that shall remain onsite for up to 12 hours are to be supplied food and water.

(H)

Proper ventilation of all holding areas shall be provided.

(A)

An accessory dwelling unit may be attached, within, or separate from the principal dwelling.

(B)

The principal use of the lot shall be residential and the principal structure on the lot shall be a residential building (single-family, duplex, multi-family, or townhouse).

(C)

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

(D)

The accessory dwelling shall be owned by the same person as the principal dwelling.

(E)

The accessory dwelling shall not be served by a driveway separate from that serving the principal dwelling unless the accessory dwelling is accessed from a rear alley and the principal dwelling is accessed from a street.

(F)

A detached accessory dwelling shall be housed in a building not exceeding 650 square feet of first floor area (maximum footprint); the structure may be a dwelling only or may combine a dwelling with garage, workshop, studio, or similar accessory use.

(G)

A detached accessory dwelling shall be located in the rear yard.

(H)

The owner of the accessory dwelling shall live on the parcel containing the accessory dwelling.

(A)

All windows, doors, openings, entries, etc. for all adult establishments shall be so located, covered, screened or otherwise treated so that views into the interior of the establishment are not possible from any public or semi-public area, street or way.

(B)

No adult establishment shall be established within 1,200 feet of any church, school, park, playground, synagogue, convent, library, or areas where large numbers of minors regularly travel or congregate.

(C)

No adult establishment shall be located within a 1,200 foot radius of another adult establishment.

(A)

The hours of operation allowed shall be compatible with the land uses adjacent to the carnival or fair.

(B)

The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(C)

A permit shall not be granted unless parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(A)

The Zoning Administrator shall not grant the permit unless the parking generated can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(B)

The hours of operation allowed shall be compatible with the land uses.

(A)

All structures, buildings, or enclosed areas used for the operation shall be a minimum of 50 feet from any residentially used or zoned lot.

(B)

The use shall not generate noise, vibration, glare, fumes, odor, or electrical interference beyond what normally occurs in the zoning district in which it is located.

(A)

The boundary of the property shall be at least 1,500 feet from any residential use or zone.

(B)

The use shall be totally enclosed by a security fence or wall at least 8 feet high or enclosed within a fire proof building.

(C)

All plans shall be reviewed by Fire and Emergency staff prior to approval in order to determine that existing services provide adequate protection for citizens.

(D)

The property may not be adjacent to an existing hospital, day care facility, educational facility, place of worship, convalescent center, or assisted living center.

(E)

The site shall be at least four acres in area and shall have direct access on a major or minor thoroughfare.

(F)

Property boundaries facing public streets shall be fenced with a six foot high fence and the fence shall be screened by vegetation at planting.

(A)

No structure or manufacturing operation shall be located within 50 feet of any property line nor within 150 feet of abutting property located in a residential district or developed for residential use.

(B)

Vehicular access to the proposed use shall be provided by an arterial roadway.

(C)

Where permitted as an accessory use in conjunction with a building, the area of storage shall be no closer than 50 feet from any abutting street right-of-way.

(E)

Where permitted as a principal use on a lot, the area of storage shall be no closer than 25 feet from an abutting street right-of-way.

(F)

All areas established for outdoor storage located within 100 feet from a public street right-of-way and from all abutting properties not used by a manufacturing or processing business, including security fencing of such areas, shall be screened from view from the public street(s) by an opaque screen a minimum of six (6) feet in height.

(A)

The establishment shall be the permanent residence of the owner or designated property manager of the establishment.

(B)

Employment shall not exceed two (2) full time employees in addition to the owner(s).

(C)

In any residential zoning district, no more than four (4) off-street parking spaces shall be provided in the front yard.

(D)

Off-street parking in the side and rear yards shall be screened in accordance with parking lot landscaping and screening requirements. Parking shall be placed on the lot in a manner designed to have the least physical impact on adjoining residential uses.

(A)

A bicycle sales and repair shops conducted in an accessory structure shall be housed only in a garage or other accessory structure typically associated with a dwelling.

(B)

The use shall employ no more than one (1) person who is not a resident of the dwelling.

(C)

A bicycle sales and repair shops housed within the dwelling shall occupy no more than 25% of the total floor area of the dwelling.

(D)

There shall be no visible outside display of stock in trade which is sold on the premises.

(E)

There shall be no outdoor storage or visible evidence of equipment or materials used in the shop, excepting equipment or materials of a type and quantity that could reasonably be associated with the principal residential use.

(A)

All structures, buildings or enclosed areas used for the operation shall be a minimum of 150 feet from all property lines.

(B)

Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(C)

All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.

(D)

Security fencing shall be provided around all outdoor storage areas.

(E)

A truck route plan shall be submitted showing routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools or other land uses, which would be negatively impacted by truck traffic.

(F)

The use shall not generate fumes or odors beyond what normally occurs in the zoning district in which it is located.

(A)

The facility shall provide centrally located, shared food preparation, service and major dining areas.

(B)

Common recreation, social and service facilities shall be provided at a minimum rate of 30 square feet per dwelling unit or per rooming unit.

(C)

All facilities shall be solely for the use of residents and their guests.

(D)

Facilities for administration services and limited medical services for the exclusive use of the residents shall be located on the site.

(E)

No such facility shall be located within one-half mile of an existing congregate care facility.

(A)

Outdoor play and/or recreation areas shall be located behind the front building line in the rear yard or side yard only. If located in the side yard, a minimum side yard setback of ten feet shall be observed. On corner or through lots, a minimum 20 foot setback as measured from the abutting street right-of-way line shall be required.

(B)

All outdoor play and recreation areas shall be surrounded by a fence or wall at least four feet in height.

(C)

Outdoor activities are limited to the fenced area between 8:00 a.m. and 9:00 p.m.

(D)

At least one off-street passenger loading/unloading space separate from required parking shall be provided for each 20 people enrolled. Adequate onsite turnaround area shall be provided for all loading/unloading and parking spaces.

(A)

A day care home must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling; all building and lot standards for residential dwellings shall be maintained.

(B)

No outdoor play shall be permitted after dark and care shall not be provided on a 24 hour basis in any residential district.

(C)

The facility shall be staffed by persons residing in the dwelling in which the day care is located except that up to one non-resident may report to work at a daycare home.

(D)

The day care shall be located in a structure originally constructed as and designed for a single family dwelling which shall be the principal structure on the lot. The structure shall not be altered in any manner which diminishes its value as a single-family dwelling or which changes its exterior residential character.

(E)

The owner of the daycare home shall reside on premises.

(A)

The entrances to each unit may face different streets.

(B)

The dwelling shall meet the minimum front yard setback from both streets upon which a unit faces.

(C)

The dwelling shall be designed and sited to complement and coordinate with the neighborhood in which it is located. This shall include the use of architectural features and site design techniques that are intended, as much as possible, to mimic the look and feel of a single-family detached residential structure and lot.

(A)

A minimum lot area of ½ acre shall be required.

(B)

The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(C)

The Zoning Administrator shall not grant the permit unless the parking generated by the flea market can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(D)

Principal access must be from a collector or higher capacity road.

(E)

The hours of operation allowed shall be compatible with the land uses adjacent to the flea market.

(A)

No such facility shall be located within one mile of an existing group care facility.

(B)

The facility shall be limited to not more than 30 persons, including resident managers.

(A)

The zoning lot on which the group home or care facility is proposed shall not be located within a one-half mile radius of a zoning lot containing another such facility.

(B)

The group home shall be located in a structure originally constructed as and designed for a single-family dwelling which shall be the principal structure on the lot. The structure shall not be altered nor the site used in any manner which diminishes its value as a single-family dwelling or which changes its exterior residential character.

(A)

Outdoor activity areas shall be located behind the front building line in the rear yard or side yard only. If located in the side yard, a minimum side yard setback of ten feet shall be observed. On corner or through lots, a minimum 20 foot setback as measured from the abutting street right-of-way line shall be required.

(B)

All outdoor activity areas shall be surrounded by a fence or wall at least four feet in height.

(C)

Outdoor activities shall be permitted only between the hours of 8:00 a.m. and 10:00 p.m.

(D)

At least one off-street passenger loading/unloading space separate from required parking shall be provided for each 20 people enrolled.

(A)

The home occupation must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling.

(B)

A home occupation conducted in an accessory structure shall be housed only in a garage or other accessory structure typically associated with a dwelling.

(C)

The use shall employ no more than one (1) person who is not a resident of the dwelling.

(D)

A home occupation housed within the dwelling shall occupy no more than 25 percent of the total floor area of the dwelling.

(E)

There shall be no visible outside display of stock in trade which is sold on the premises.

(F)

There shall be no outdoor storage or visible evidence of equipment or materials used in the home occupation, excepting equipment or materials of a type and quantity that could reasonably be associated with the principal residential use.

(G)

Operation of the home occupation shall not be visible from any dwelling on an adjacent lot, nor from a street.

(H)

Only vehicles used primarily as passenger vehicles will be permitted in connection with the conduct of the home occupation.

(I)

The home occupation shall not utilize mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisances outside the dwelling or accessory structure(s) housing the home occupation.

(J)

Home occupations shall be limited to those uses which do not draw clients to the dwelling on a regular basis.

(K)

No advertising signs shall be permitted.

(A)

Hours of Operation: 8:00 a.m.—8:00 p.m.

(B)

Maximum Number of Machines: No more than five (5) will be allowed per establishment.

(C)

Property Separation: No internet/cyber sweepstakes cafe shall be locates within 500 feet of another internet/cyber sweepstakes cafe operation.

(D)

Age Restriction: No one younger than 18 years old shall be allowed an internet/cyber sweepstakes café operation.

(A)

A minimum of two (2) acres for the site shall be provided.

(B)

The site shall be completely enclosed by a solid or opaque fence in conjunction with required landscape materials. The fencing shall extend from the surface of the ground to a uniform minimum height of at least six (6) feet from the ground at any given point. All business activity, including storage of vehicles or other materials, shall be conducted within the fenced area.

(C)

No dismantling, disassembling, salvaging, wrecking, or processing operation on the premises shall be carried on between the hours of 9:00 p.m. and 7:00 a.m.

(D)

Any gasoline, oil, or other materials spilled or collected on the site shall be contained and disposed of in accordance with state and federal laws

(A)

Any structure which houses animals which is not fully enclosed shall be located at least 100 from any lot line and 250 feet from a residential or mixed use district.

(B)

Any run located partially or wholly outdoors shall be located at least 100 feet from any lot line and 250 feet from a residential or mixed-use district.

(C)

A maximum of 12 dogs shall be permitted in outside runs.

(D)

All open exercise, boarding, training or similar areas shall be designed to effectively buffer noise audible to surrounding properties and enclosed by a fence or wall no less than six feet in height and screened from any residence or off-site view from a public street.

(A)

All laboratories shall meet any Federal or State regulations and obtain any required permits necessary to operate.

(A)

Fifty feet minimum from any property line; three hundred feet minimum from any residence.

(B)

Access to the landfill shall be controlled with gates, chains, fences, ditches, and/or vegetation to prevent unregulated dumping.

(C)

All unpaved areas shall be maintained in a manner, which prevents dust from leaving the property.

(D)

No filling is permitted in the 100-year floodplain of any stream; no filling is permitted in utility easements.

(E)

Landfills shall be closed with a minimum of 2 feet of clean soil, graded to a maximum slope of 3:1 and stabilized with vegetation in accordance with current state standards.

(F)

An entrance sign shall be posted and maintained which lists the name and phone number of the current operator, the types of material accepted, the hours of operation, tipping charges and any other pertinent information.

(A)

General Requirements.

(1)

Minimum Number of Manufactured Home Spaces: At least 4 spaces.

(2)

Manufactured homes shall not be sold within a manufactured home park, except that an individual manufactured home owner shall be allowed to sell the manufactured home in which he resides.

(3)

The transfer of a deed to a manufactured home space or spaces either by sale or by any other manner shall be prohibited within a manufactured home park as long as the manufactured home park is in operation.

(4)

Prefabricated structures specifically designed by the manufacturer for manufactured dwelling extensions and any other addition meeting the NC Building Code may be added to any manufactured dwelling provided that setback within the space can be met and a building permit is obtained from the County.

(5)

Within a manufactured home park, one prefabricated structure meeting NC Building Code may be used as an administration office.

(6)

County Environmental Health, County Building Inspection, and/or Zoning Administrator shall request the County Environmental Health Section for assistance in making such inspections as are necessary to determine satisfactory compliance with this Section. It shall be the duty of the owners or occupants of manufactured home parks to give these agencies free access to such premises at reasonable times for inspection.

(7)

The park owner or operator shall notify park occupants of all applicable provisions of this Section and inform them of their duties and responsibilities under this Section.

(B)

Manufactured Home Space Requirements.

(1)

All manufactured homes shall be located on individual manufactured home spaces. Spaces served by municipal water and sewer systems or community water and sewer systems shall have at least 10,000 square feet of lot area. Spaces served by either a municipal or community sewer systems, but not served by a municipal or community water system shall have at least 15,000 square feet of lot area or a larger area if determined necessary by the County Health Department. Spaces served by a municipal or a community water system but not served by a municipal or a community sewer system shall have at least 20,000 square feet of lot area or a larger area if determined necessary by the County Health Department per manufactured home unit, allowing no more than one manufactured home per septic tank. Spaces shall not be less than 100 feet in width at the setback line. An individual manufactured home with neither municipal or community water service nor municipal or community sewer shall not be permitted within a manufactured home park.

(2)

Each manufactured home space shall be clearly defined by means of concrete or iron pope markers place at all corner and each space shall clearly display a street address as assigned by the County.

(3)

Each manufactured home space shall be located so as not to be susceptible to flooding and shall be graded as so to prevent any water from ponding or accumulating on the premises.

(4)

Each manufactured home shall be located at least 20 feet from any other manufactured home, at least 20 feet for any building within the manufactured home park, at least 20 feet from a side external property line, at least 30 feet form a rear external property line, and at least 15 feet for the edge of the right-of-way of any private interior road. The setback for a public road right-of-way shall be the same as that required for the zoning district in which the manufactured home park is located.

(C)

Road and Access Requirements.

(1)

Convenient access to each manufactured home space shall be provided by roads with a minimum right-of-way of 50 feet for a residential collector road and 45 feet for a local residential road as defined by the North Carolina Department of Transportation Subdivision Roads Minimum Construction Standards Manual. The required traveled way width is 20 feet for a 50-foot right-of-way and 18 feet for a 45-foot right-of-way. Private roads within manufactured home parks shall comply with the minimum NCDOT Standards for subdivision roads except as expressly permitted in this subsection in lieu of conform to the construction standards delineated in the Town's Subdivision Regulations. The area of the private road right-of-way provided for travel shall either be stoned or paved. In the event that a stone surface is applied, it shall be crusher run compacted to a minimum depth of six inches. In locations where soil conditions require additional stone to attain a stable road bed, the developer shall add the required amount of stone before procuring approval of the final plat. Paved private streets shall be designed by a professional engineer or a registered land surveyor. The design of stormwater drainage systems shall be prepared by a professional engineer or a registered land surveyor.

(2)

Proper sight lines shall be maintained at all road intersections in accordance with the current NCDOT requirements for sight clearances.

(3)

New road names shall not duplicate or be similar to existing road names in the County and shall be subject to approval by the County.

(4)

Two automobile parking spaces shall be provided adjacent to each manufactured home space, but shall not be located within any public right-of-way or within any road in the park.

(5)

No manufactured home space shall have direct vehicular access to a public road.

(6)

All manufactured home spaces shall directly abut a private road contained within the park.

(7)

The manufactured home park owner shall be responsible for the continued maintenance of the roads within the mobile home park.

(D)

Utility Requirements.

(1)

Water Supply: An accessible, adequate, and potable supply of water shall be provided in each manufactured home park. Where a municipal water supply is available, connection shall be made thereto and its supply used exclusively. When a municipal water supply is not available, a community water supply shall be developed, and its supply used exclusively in accordance with the standards of the NC Division of Health Services. Placement of water improvements to manufactured home spaces shall comply with the NC Building Code for Plumbing.

(2)

Sewage Disposal: Adequate and safe sewage disposal facilities shall be provided in all manufactured home parks. Collection systems and sewage treatment plants complying with the requirements of the NC Division of Environmental Management shall be provided. Plans for sewage collection systems and treatment facilities shall be submitted to the NC Division of the Environmental Management. Placement of sewer improvements to manufactured home spaces shall comply with the NC Building Code for Plumbing. Individual septic tank systems can be considered, if soil, topography, and ground water conditions are favorable and approval from the County Health Department is obtained.

Provision shall be made for plugging the sewer pipe when a manufactured home does not occupy a space. Surface drainage shall be diverted away from the rise. The rim of the riser pipe shall extend at least 4 inches above ground elevation.

(E)

Solid Waste Disposal and Sanitation Requirements:

(1)

The storage, collection, and disposal of sold waste in the manufacture home park shall be in accordance with the requirements of County Health Department.

(2)

Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the County Health Director.

(3)

Parks shall be maintained from accumulation of debris, which may provide rodent harborage or breeding places for flies, mosquitoes, and other pest.

(4)

Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe, and other building materials shall be stored at least 1 foot above the ground.

(5)

Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

(6)

The growth of brush, weeks and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

(F)

Street Lighting Requirements: All roads in the manufactured home park shall be adequately illuminated from sunset to sunrise. The minimum size streetlight shall be a 175-watt mercury-vapor (approximately 7,000 lumen class), or its equivalent, spaced at intervals of not more than 300 feet.

(G)

Electrical Service Requirements: Minimum electrical service of 200 ampere, 120/240 volt single phase shall be provided to each manufactured home space. The service panel and location as well as all wiring shall be in accordance with the National Electrical Code.

(H)

Recreational Space Requirements.

(1)

Each manufactured home park shall provide 400 square feet of recreational area for each manufactured home space that is less than 10,000 square feet in area. However, no recreational area required by this subsection shall be less than 2,500 square feet.

(2)

Recreational areas shall not be located in an area utilized for septic tank fields.

(A)

Primary access to the development site shall be from a state or Town maintained street. The developer may be required to provide turn lanes and other off-site transportation improvements to insure safe and adequate access.

(B)

On small infill development sites in residential districts, multi-family buildings shall be designed to blend in with surrounding single-family residential buildings to the maximum extent practicable with regards to building design, setbacks, driveway and garage design and location, porches, and sidewalks.

(C)

Site designs shall create a sense of "neighborhood" and shall include:

(1)

An internal vehicular circulation system for private streets, when included, that is reflective of a single-family residential street system.

(2)

Buildings that are sited with front entrances and porches oriented toward streets, drives, and plazas, rather than clustered around parking lots.

(3)

Parking lots that are located behind buildings or screened from view from internal streets, except where it is deemed appropriate to use a parking lot as a buffer from an arterial street or where such parking area will directly abut a property line exterior to the development site when located in or adjacent to a residential district.

(4)

Walkways that connect all buildings with parking areas, play areas, clubhouses, and existing public sidewalks adjacent to the development site.

(5)

Plazas, clubhouses, pools, and recreational facilities which are centrally located, when provided.

(D)

Building designs that create variety throughout the development shall be required. Such designs shall include the following:

(1)

Side and rear building elevations, garages, carports, and all accessory structures shall have the same level of design, aesthetic quality, and architectural detailing.

(2)

Porches, varied rooflines, and varied facade depths shall be provided to create variety and individuality of each dwelling within the building.

(3)

Windows and projecting wall surfaces shall be used to break up larger wall surfaces, establish visual interest and provide visibility of the street and other public spaces encouraging social interaction.

(4)

Protective entry courts, common vestibules, covered breeze ways, or enclosed stair halls shall be used to reduce the number of visible doors, unless designed in a row house or townhouse manner oriented toward the street.

(5)

Garages shall be designed to be integrated with the building design or sited so as to avoid long monotonous rows of garage doors and building walls. Garages shall be oriented so that they do not visually dominate the building façade or the streetscape.

(E)

Two or more principal buildings used as part of the multi-family complex shall be permitted on a single lot of record when such buildings meet the location requirements of this Ordinance.

(A)

Any facility which is licensed to have more than 50 residents shall maintain a side setback of at least 20 feet and a rear setback of at least 40 feet when the side or rear yard is in or abuts a residential district.

(B)

Driveway access to accessory structures shall be through the main entrance to the facility.

(C)

Accessory structures shall be arranged to provide for adequate on-site vehicular and pedestrian traffic.

(D)

Any portion of a building, which contains living areas, shall be set back a minimum of 15 feet from internal driveways and parking areas. This standard shall only apply to the living areas of buildings which contain a mixture of uses such as offices, storage and living areas.

(E)

No single building shall be greater than 40,000 square feet if located within five hundred feet, as measured in any direction from the closest point, from an adjacent residentially zoned lot.

(F)

Acceptable materials for additions and new construction include wood, brick, stone, stucco, vinyl, and similar materials designed to give the exterior a residential appearance. Under no circumstances shall metal siding, not intended to mimic traditional wood siding used on residential structures, or unfinished concrete block be permitted.

(A)

Items must be placed within an enclosed building or approved outdoor storage area at the end of each business day.

(B)

Up to two (2) storage units, containers or trailers are permitted to be placed on a single lot or in conjunction with a single principal use.

(C)

Only vehicles and equipment awaiting or in process of repair which are not visibly damaged or are not used or intended to be used as parts vehicles shall be permitted.

(D)

Where permitted as an accessory use in conjunction with a building, the area of storage shall not be placed in any front yard or side yard abutting a street.

(E)

Where permitted as a principal use on a lot, the area of storage shall be no closer than 25 feet from an abutting street right-of-way.

(F)

All areas established for outdoor storage, including security fencing of such areas, shall be screened from view from the public street(s) and from all abutting properties by a minimum of a six (6) foot high opaque screen.

(A)

All facilities associated with a pet store shall be located indoors.

(A)

Operations Affected by Regulations. Mining operations which affect more than one (1) acre of land, including borrow pits which disturb more than one (1) acre of land at any one time, shall meet the following regulations:

(B)

Dimensional Requirements. Dimensional requirements for mining operations are specified below. Buildings shall meet the setback and other dimensional requirements of the underlying zoning district.

Dimensional Requirements for Mining Operations—Required Minimum Distance from
any Public Right-of-Way or from Property that is Adjacent to:

(C)

Easements. No excavation shall take place within easements for underground transmission lines for oil, natural gas, or other potentially hazardous material.

(D)

Fencing. Any excavation to a depth greater than five (5) feet shall be fenced. However, no fencing shall be required on any property where such fencing would be impracticable, as determined by the Zoning Administrator, by reason of location of such property in a floodplain.

(E)

Hours of Operation. Quarry drilling, blasting, and crushing, except in cases of emergency involving safety on the site, shall not be operated on Sunday and may not be operated earlier than 7:00 a.m. nor later than 6:00 p.m. on any other day.

(F)

Access. The site of the mining operation shall have direct access onto a major or minor thoroughfare. Any road which the mining operation accesses may be required to be improved to necessary industrial capacity as a condition of approval.

(G)

Spillage and Effluent. The loading of trucks shall be accomplished in such a way as to prevent spillage on roads. The effluent of extraction or processing going into streams must comply with requirements of State law.

(H)

Flooding. Whenever a mining operation would in the course of its operation create a flooding hazard, the operator, before commencing any such excavation, and at such other times during the excavation as may be necessary, shall erect such dikes, barriers, or other structures as will afford the same protection as if no excavation were made. No mining operation shall impede the flow of any watercourse.

(I)

Operational Statement. The petitioner will file an operational statement with the Zoning Administrator which shall include the following:

(1)

The approximate date to begin operation and its expected duration;

(2)

Estimated type and volume of extraction;

(3)

Description of method of operation, including the disposition of topsoil, overburden, and by-products;

(4)

Description of equipment to be used in the extraction process; and

(5)

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

(J)

Temporary or Permanent Discontinuance of Operations. Notice of intent to discontinue temporarily a mining operation shall be filed with the Zoning Administrator in advance of such temporary discontinuance. Notice of intent to discontinue permanently a mining operation shall be filed with the Zoning Administrator not less than three (3) months in advance.

(K)

Maintenance. During any period that a mining operation is discontinued temporarily, the site, along with all structures, machinery, and fencing, shall be properly maintained in a safe and orderly condition.

(L)

Reuse or Rehabilitation of Site. Notice of permanent discontinuance of mining operation shall include a plan for reuse or rehabilitation of the site. Except where redevelopment for another permitted use is in progress on the site of a discontinued mining operation, the last operator shall perform the following within one year:

(1)

Buildings and Equipment. All buildings and equipment shall be removed;

(2)

Materials. All nonregulated waste piles, overburden, and other materials shall be graded so that the material assumes its natural angle of repose. These materials shall be planted with vegetation so as to prevent erosion;

(3)

Walls. Any quarry walls shall be cleared of loose materials;

(4)

Water Collection and Drainage. Any excavation shall be so graded as to provide for natural drainage; if the collection of water in an excavation is unavoidable, the area shall be fenced.

(M)

Other Requirements. The operator of any mining operation shall file with the Zoning Administrator, in addition to any exhibits required elsewhere in this Ordinance, evidence of ownership or control of property, plans for rehabilitation, and notices of intent, as required herein. The Zoning Administrator shall inspect the premises annually to determine that all specific conditions are being met. Violation of the requirements herein shall make the operator liable to the penalties set forth in this Ordinance.

(N)

Sand Dredging Operations. In addition to complying with the applicable provisions of this section, sand dredging operations shall be conducted in a manner which does not result in the erosion of the banks of a stream. The use of drag lines or other devices which remove vegetation and sediment from the banks of a stream are specifically prohibited.

(A)

Service areas will be separated by an opaque screen from the view from any street and from abutting properties.

(B)

Chain link and similar fencing materials, if used, shall be planted on exterior side with evergreen shrubs minimum three feet in height and six feet on center at installation.

(C)

Outdoor lighting associated with outdoor recreational facilities shall not shine directly into yards of a residential use nor into the windows of a residential structure.

(D)

Outdoor speaker systems shall not be permitted.

(E)

Hours of operation shall be no earlier than 8:00 a.m. and no later than 11:00p.m.

(A)

No outside storage shall be permitted unless approved by the Town as part of the certificate of zoning compliance.

(B)

All proposed areas for outside display and storage shall be clearly marked on the site plan, including but not limited to, open displays of garden supplies, equipment, and other materials and any cargo containers, tractor trailers, storage buildings or similar structures used or intended to be used to contain materials for sale, maintenance, construction, etc.

(C)

The parking of recreational vehicles overnight or camping in any manner on any portion of the lot shall be prohibited.

(D)

Should a structure and/or lot containing an approved retail establishment become vacant, the exterior of such structure and lot shall be maintained in the same manner as during occupancy including the condition of landscaping, paved surfaces, exterior lighting, facade, etc. The reuse of the structure or lot for any purpose shall be approved by the Town prior to such reuse.

(A)

The use shall be located on a minimum of three (3) acres.

(B)

All sawmill operations and off-street parking and service operations shall be separated by a vegetative buffer consisting of primarily evergreen trees that effectively screens the use from all adjacent properties and public streets.

(C)

No structure or sawmill operation shall be located within 100 feet of any property line nor within 150 feet of abutting property located in a residential district or developed for residential use.

(D)

Vehicular access to the proposed use shall be provided by an arterial roadway.

(E)

Temporary sawmills shall be permitted for a period not to exceed 24 months.

(F)

All temporary sawmill sites shall have any temporary roads, storage areas, and other disturbed areas replanted with an approved ground cover following removal of the equipment from the site.

(G)

The use shall not be located adjacent to any existing place of worship, day care, nursing home, or school.

(H)

Permanent roads, defined, as those to be used in excess of one (1) year, within the cleared site shall be surfaced with a dust free material, such as soil cement, bituminous concrete or Portland cement concrete.

(I)

Roads other than permanent roads shall be treated with dust inhibitors which shall reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action.

(A)

Hours of operation for both for indoor shooting facilities shall be no earlier than 8:00 a.m. and no later than 9:00 p.m.

(A)

All waster emissions shall meet any Federal or State regulations and obtain any required permits necessary to operate.

(A)

Area Map. The application shall contain an area map prepared by a Registered Land Surveyor on a full sheet or full sheets of the Surry County Tax Maps showing property to be developed. The area map shall show the following:

(1)

The boundary of the property to be developed;

(2)

The names and addresses of adjoining property owners;

(3)

The location of existing streets, buildings, railroads, transmission lines, sewers, bridges, culverts, drainpipes, and easements, to the extent that these may be ascertained from a field inspection by the County;

(4)

Municipal boundaries and extraterritorial jurisdictions, township lines, zoning district classifications;

(5)

Name of the applicable fire district;

(6)

Topography, proximity to streams, susceptibility to flooding as determined from available flood maps, soil characteristics, and other natural features which may impose restrictions on the development of the site;

(7)

Distance to airports in Elkin and Mount Airy.

(B)

Detailed Development Plan. The application shall contain a detailed development plan showing the following information on a sheet or sheet not less than 18"x 24" drawn at a scale of sufficient size to accurately and clearly show all required information including additional information as required with the Area Map. The Detailed Development Plan shall be recorded, with, or part of, the boundary survey in the Office of Register of Deeds. Approved Detailed Development Plans shall be recorded before issuance of a Zoning Permit. The Detailed Development Plan shall include:

(1)

Name and address of owner and surveyor, engineer, and land planner;

(2)

Scaled vicinity map inset showing the location of the tower in relationship to near by towns, communities, and roads;

(3)

Boundaries of tract to be developed shown with bearings and distances as established by the boundary survey;

(4)

Site Data Table, including total square footage of lease or purchase site, impervious surfaces calculations, and total acreage;

(5)

Proposed rights-of-way or easements, location, widths, and purposes;

(6)

Proposed setback lines from property boundaries;

(7)

Title, date, north arrow, and graphic scale;

(8)

Watershed designation, if applicable;

(9)

A letter from the N.C. Division of Highway Engineers indicating that his office has reviewed the area map and site plan and specifying any problems such as highway access or right-of-way encroachments, which need to be resolved prior to approval of the application;

(10)

A letter stating approval of a Sedimentation and Erosion Control Plan from NCDENR;

(11)

Identification of the intended wireless user(s) of the tower. A statement indicating the owner's intent to allow shared use of the tower and how many other users can be accommodated;

(12)

Documentation provided by a registered engineer that the tower that the tower has sufficient structural integrity to accommodate more than one user;

(13)

Documentation by the applicant that no suitable existing facilities within the c overage area are available to the applicant;

(14)

Proof of ownership of the proposed site or authorization to utilize it;

(15)

Landscape and lighting plan;

(16)

FAA certification that the tower is not a hazard to air navigation.

(C)

Additional Requirements. The application shall also be accompanied by the following items:

(1)

Written indemnity document from the property owner and the applicant; and

(2)

Certificate of insurance to the County showing applicant's liability arrangements.

(D)

Development Standards. Towers and associated equipment shall be subject to the following development standards:

(1)

Towers shall not interfere with normal radio and television reception in the vicinity. Commercial messages or signage shall not be displayed on any tower. Violations shall be corrected under the enforcement provisions of this Ordinance.

(2)

All towers regardless of height must be registered with the FAA to ensure that such towers are appropriately constructed, marked, painted, and lighted so that they do not create a hazard to air navigation. Lighting shall meet the Federal Aviation Administration (FAA) minimum lighting requirements. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.

(3)

Towers shall be constructed and maintained in conformance with all applicable building code requirements.

(4)

In order to protect the public from unnecessary exposure to radio frequency emissions, the tower owner shall provide accurate documentation certifying that the power output levels do not exceed FCC federally approved levels.

(5)

Towers may be constructed to a height of 199 feet. If the Board of Adjustment grants a variance, it shall not permit a tower to exceed a height of 300 feet.

(6)

All towers shall be self-supporting, of either monopole or lattice construction.

(7)

No new tower shall be located within two (2) miles of an existing tower. The Planning Board may allow a tower to be placed within two (2) miles of an existing tower upon being presented written documentation that supports one of the following: (1) appropriate space on the tower is not available; or (2) the new sponsor has made good faith efforts to negotiate an agreement with the owner of the current tower and submit documents outlining those negotiations; or (3) equipment currently on the tower is not compatible with the proposed equipment; or (4) the coverage objective cannot be met at that location with the provisions set forth herein.

(8)

All new towers shall be engineered and constructed in such a manner as to be able to accommodate at least two (2) or more antennas so that future co-location may be possible. In addition, reasonable accommodation for public service uses such as, but not limited to, local or state government wireless communications systems, is suggested.

(9)

No outdoor storage yards shall be permitted on tower sites.

(10)

Towers must comply with the requirements of the National Environmental Policy Act (NEPA) which addresses such things as wilderness areas, wildfire preserves, endangered species, historical sites, Indian religious sites, floodplain, wetlands, high intensity white lights in residential neighborhoods, and excess radio frequency emissions. Prior to final application, the applicant shall be required to submit documentation that all of the requirements of the NEPA have been met.

(11)

Towers must meet the ANSI/EIA/TIA-222.E standards and the North Carolina Department of Insurance, Building Code Standards.

(12)

Towers, with the exception of stealth towers, are prohibited within a radius of three (3) nautical miles around conservation areas. Stealth towers shall only exceed 20% above the treeline or vegetative cover in the area of the towers proposed location. In addition, the communications tower provider will be required to present, to scale, a 360-degree visual analysis or simulation, graphic illustrations, and elevation analysis to establish what the tower will look like in its surroundings to determine potential visual impact. To ensure compliance, all proposed sites will be inspected on-site by the planning staff, to verify compliance with this requirement. This general requirement is not subject to a variance request, with the exception of EMS, sheriff's department, or fire department requirements and/or needs in these areas. The communication provider shall not use EMS, sheriff's department, or fire department's potential co-location as reasoning for a variance from this general requirement.

(E)

Dimensional Requirements. Towers shall conform to the following dimensional requirements:

(1)

Towers shall be setback 2.5 times the height of the tower from any residential or non-residential structure on the same parcel or on parcels in the vicinity of the tower site.

(2)

Towers shall be setback the height of the tower from all property lines.

(F)

Buffers. To prevent a clear view of the base of the tower, the setback area shall contain an established forested area with a depth of at least 100 feet. When the 100 foot forested area requirement cannot be met because of the lack of the sufficient natural vegetation, a planted buffer shall be planted as required below:

(1)

The base of the tower, and any associated structures, walls, or fences shall be surrounded by a landscaped buffer. The developer shall: a) provide the landscape buffer around the tower base, or b) provide a buffer around the perimeter of the entire site.

(2)

For safety purposes all towers shall be screened in the form of a wall or fence, such wall or fence shall be opaque and shall be composed materials such as wood, brick, or metal with a height of no less than eight (8) feet.

(3)

The planting shall consist of deciduous or evergreen trees and evergreen shrubs. Trees shall be planted along the full length of the buffer strip in a triangular pattern with a maximum spacing of 25 feet on centers. The minimum height at planting for trees shall be six (6) feet, and they shall have an expected minimum maturity height of 35 feet under normal growing conditions. There shall also be one row of dense shrubs, spaced not more than eight (8) feet on centers. Shrubs shall be a minimum of two (2) feet in height at planting and shall have a minimum expected maturity height of eight (8) feet under normal growing conditions. It is the intent of this section to encourage the use of existing vegetation in whole or in part to substantially meet this requirement. The tower owner is responsible for maintaining the buffer at all times.

(G)

Road Requirements. Access to the tower site shall be provided by a deeded easement of no less than 30 feet in width. The road base shall be no less than eight feet in width with a three inch gravel base. Unless the easement is a common use easement it shall be gated for security purposes. Each site shall have two signs composed of night reflective material, 2"x 2", which state the name of the owner and an emergency contact number. Each sign shall be located in a conspicuous place.

(H)

Co-location. To further encourage co-location, additional users and associated equipment, which do not add to the tower height, may be added without additional approval from the respective Town Boards. However, additional building code regulations may apply, and a site plan in accordance with this Article, must be submitted to the Zoning Administrator. The Zoning Administrator shall review and approve or disapprove the application based on the provisions provided herein.

(I)

Removal of Towers. Towers which are not used for transmission or relay for a period of six months or more shall be removed by the owner within 180 days after receiving notice from the Town to remove said tower. The tower users shall notify the Zoning Administrator within 30 days after discontinuing the tower use, and submit its removal plans. To assure the removal of towers which do not meet the requirements of use or maintenance, this section serves as notice that the Town may remove said tower and may file a lien collectable as taxes against the property, pursuant to G.S. 153A-123.

(J)

Modification of Plans. Where plans are required to be submitted and approved as part of the application for a Special Use Permit, modifications of the original plans may be authorized by the Planning Board.

No person may keep any poultry, rabbits, or other livestock for private use in those zoning districts requiring additional conditions to be met except in accordance with a permit issued pursuant to this section.

(A)

Definitions. For the purposes of this section, the following words shall have the indicated meaning, in addition to their meanings in normal usage:

Livestock means cattle, sheep, goats, swine, horses and mules.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required.

Poultry means live chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, or turkeys other than chicks or poults.

(B)

Permits for poultry and rabbits.

■

It shall be unlawful for the owner or keeper of poultry or rabbits to permit such an animal to be or run at large within the Town.

■

No person may keep within the Town any poultry or rabbits except in accordance with a permit issued pursuant to this section.

■

It shall be unlawful to keep roosters, geese, ducks, doves, grouse, guinea fowl, partridges, pea fowl, pheasants, quail, swans, or turkeys within the Town.

■

No permit shall be issued to keep or maintain poultry or rabbits in the Town unless the poultry or rabbits will be on a lot of land maintained as follows:

•

Poultry and rabbits shall only be permitted in single family residential zoning districts;

•

The lot shall consist of at least 15,000 square feet under single ownership or control;

•

Such poultry and rabbits must be contained in a well-maintained, secure fenced enclosure at all times;

•

The enclosure shall have a minimum of ten square feet of area for each poultry or 12 square feet for each rabbit;

•

No enclosure shall be erected or maintained within the front or side yard (as defined by the Unified Development Ordinance), within ten feet of any property line or within 50 feet of another residence;

•

The enclosure shall be kept clean, sanitary and free from accumulations of excrement and objectionable odor; and

•

No more than five female chickens shall be kept or maintained by a property owner. There will be no discounting for chicks.

•

No more than six rabbits shall be kept or maintained by a property owner. There will be no discounting for kits.

(C)

Permits for livestock.

■

It shall be unlawful for the owner or keeper of livestock to permit such an animal to be or run at large within the Town.

■

No person may keep within the Town any livestock except in accordance with a permit issued pursuant to this section.

■

No permit may be issued for any livestock unless the applicant for the permit demonstrates that the livestock will be kept on a tract of land that satisfies each of the following conditions:

•

The tract shall consist of at least 40,000 square feet of land under single ownership or control;

•

There shall be at least 20,000 square feet of land per animal; and

•

No barn or building that houses the animal shall be erected or maintained within 50 feet of any property line.

■

Notwithstanding the provisions of this subsection, a permit may be issued without compliance with these conditions for the stabling of horses utilized in the operation of a vehicle for hire.

■

The code enforcement officer shall not issue the permit required by this section if he finds that:

•

The animal for which the permit is requested poses a substantial danger of harm to any person, animal or property; or

•

The animal for which the permit is requested is likely to or does interfere seriously with the use and enjoyment of neighboring properties because of concerns including, but not limited to offensive noise or odor; or

•

The animal for which the license is requested otherwise constitutes a threat to the public or safety.

■

Subject to the provisions of G.S. § 106-701, the requirements of this section apply to livestock that are present within the Town on the effective date of this article as well as those brought within the Town thereafter. However, owners of livestock that are within the Town on the effective date of this article shall not be deemed in violation of this section until they have been notified in writing of its requirements, have been given 30 days to apply for the required permits, and have either failed to apply during that time, or after application, have been denied a permit and have failed to remove the animals within 30 days after the denial of the permit.

(D)

When a permit is denied for any reason, the applicant shall be given a written explanation of the reason for denial.

(E)

A violation of any provision of this section is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance. Such nuisances shall be abated as set forth in article II of chapter 10 of the Dobson Code of Ordinances.

(F)

Nothing in this section shall preclude the keeping of service or therapy animals within the Town, provided that proper documentation has been provided by a health care professional.

(G)

A permit issued in accordance with this section may be revoked by the code enforcement officer for any reason that would have justified denial of the permit as set forth in this section. If a permit is revoked, the applicant shall be given a written explanation of the reasons for the revocation. Upon the determination of a violation, the owner shall have 30 days in which to bring the property or condition into compliance with this section or to remove the animals from the premises.

(H)

Any person who is denied a permit or has a permit revoked shall have the right to appeal the decision to the Town manager or his designee. Appeal shall be made by giving written notice to the Town manager within 30 days of the date of the denial or revocation. The Town manager or his designee shall conduct a hearing to determine if the permit should be denied or revoked.

(I)

Any person who obtains a permit in accordance with this section shall comply with any and all applicable federal, state and local standards, regulations, laws, statutes and ordinances including, but not be limited to any registration requirements of the North Carolina Department of Agriculture and Consumer Services.

(A)

Small automobile lots (up to 10 display vehicles) on parcels in a zoning district with conditions (P/C) shall comply with the following:

(1)

One and a half (1.5) parking spaces per displayed vehicle must be available on the lot.

(2)

Each parking space shall not be less than nine feet by 18 feet, exclusive of adequate egress and ingress drives, landscaping, and maneuvering space.

(3)

Absolutely no maintenance work shall be performed on the vehicles on site, unless zoned as an "Auto Repair Garage" per the Table of Permitted Uses.

(4)

There shall be an office on the lot that is staffed and open during a set time period.

(5)

The amount of noise generated shall not disrupt the activities of the adjacent land uses.