All manufactured homes permitted within the planning jurisdiction of the county, shall meet the following standards:

(1)

Exterior siding must be comparable in composition, appearance, and durability to exterior siding commonly used in standard construction, such as wood, vinyl, and metal.

(2)

Underpinning must be continuous and un-pierced except for ventilation as required by the North Carolina Manufactured Home Code.

(3)

If the tongue is detachable, it must be removed after being set-up on the lot and before occupancy. If the tongue cannot be removed it must be hidden by using underpinning or landscaping. Exception: mobile homes and manufactured homes located within a manufactured home park.

Mobile homes are not permitted within the planning jurisdiction of the county. Existing non-conforming mobile homes may be moved to a new location within the planning jurisdiction provided they meet the standards of subsections (2) and (3).

(Amd. of 6-6-06(3))

Standards for the development of manufactured home parks shall apply to all areas of the county subject to the requirements of this chapter. The purposes of these regulations are to guide and regulate the development of new parks and additions to existing parks in order to preserve the public health, safety and welfare by providing for an adequate street system, avoid overcrowding of land, secure safety from fire, provide adequate water and sewer systems, protect from erosion and flood damage, and to facilitate an orderly system for the design, layout and use of land.

(a)

Prior to construction of a manufactured home park, a plan shall be submitted to the administrator in accordance with procedures applicable to subdivisions as detailed in article IV. As of January 1 of each year, the operator of a park renting lots for three (3) or more manufactured homes shall furnish to the county tax assessor the name of the home owner and a description of each manufactured home located in the park.

(b)

Lot size: Minimum lot size for the development of a new manufactured home park shall be five (5) acres.

(c)

Density:

(1)

Two (2) units per acre.

(2)

Three (3) units per acre if served by public water and public sewer.

These densities are considered to be maximum area requirements and may be decreased due to the watershed density restrictions or requirements for placement of well and septic systems as determined by the county health department or other governmental authority.

(d)

Setbacks from each unit:

(1)

Twenty (20) feet from internal street.

(2)

Thirty (30) feet from public street.

(3)

Forty (40) feet from arterial highway.

(4)

Fifteen (15) feet from property line.

(5)

Twenty (20) feet between dwelling units.

(e)

Screening: Type B screening, as outlined in section 12-305, shall be required along all exterior property lines, unless existing screening is deemed sufficient by the administrator or the board of adjustment.

(f)

Utilities: Each space shall have hook-up facilities for water, sewer, electricity and telephone services. All occupied manufactured home units shall have and use approved sanitary facilities within the manufactured home unit.

(g)

Fire hydrants: Every manufactured home park that is served by a public water system, using a minimum of six-inch lines, shall include a system of fire hydrants accessible to local fire departments and located so that no proposed home site lies more than one thousand (1,000) feet from a fire hydrant.

(h)

Tie down/anchoring: Manufactured homes shall be securely anchored to the ground by means of a tie-down system. When the manufactured home is factory equipped with a tie-down system designed by a registered architect or engineer, the owner is to use the manufacturer's set of instructions as the standard of proper tie-down procedures. If no such set of instructions is available or if the system has not been designed by a licensed architect or engineer, the Building Inspector is to enforce standards listed in the "State of North Carolina Regulations for Mobile Homes" booklet published by the North Carolina Department of Insurance. In no instance shall any part of a manufactured home be elevated greater than five (5) feet above ground.

(i)

Access:

(1)

Access roads shall be compliant with any applicable standards set forth in Appendix D of the North Carolina Fire Code, Fire Apparatus Access Roads, as determined by the fire code official.

(2)

At least one entrance to the park from a state-maintained public road shall be required for every fifty (50) spaces. Access to each space shall be made from an internal street. Internal private streets shall be a minimum of eighteen (18) feet in width, with a minimum of six (6) inches of aggregate base course on a well compacted sub-base in accordance with the North Carolina Department of Transportation, Subdivision Roads Minimum Construction Standards, and shall from time to time be amended. All internal streets shall be provided and maintained by the park owner. Direct access of an individual space onto a public road is permissible if spaced a minimum of seventy-five (75) feet apart.

(3)

Each entrance/exit will have at a minimum a fifty (50) feet paved apron, extending from the state maintained public road into the park. The apron will be at least the minimum width set forth in this chapter.

(j)

Parking: Two (2) off-street parking spaces of not less than four (4) inches of stone on a well compacted sub-base shall be provided and maintained for each space by the park owner.

(k)

Signage, street names and addresses: Internal streets within the park shall be named and approved by E911 Communications and the planning board. The names of manufactured home parks and streets within shall not duplicate or be phonetically similar to the names of existing parks and streets in the county. Addresses shall conform to the street name and house numbering chapter of Cleveland County. At least one (1) identification sign shall be posted at the entrance to the park from a public road, located outside the road right-of-way, and limited to a maximum of twelve (12) square feet in sign area.

Cross reference— Submittal of maps of manufactured homes parks, § 9-37.

(l)

Underpinning: All manufactured homes in the park shall have continuous underpinning of wood, masonry, or other exterior grade non-combustible building materials, unpierced except for required ventilation. Each home owner shall install required underpinning within ninety (90) days of the issuance of a certificate of occupancy permit by the building inspector.

(Ord. of 1-4-94, § 10.1; Amd. of 8-20-96; Amd. of 3-18-97; Amd. of 4-6-04; Amd. of 6-6-06(3); Ord. of 3-15-22(1))

Occupational housing shall be permitted on properties with an operating industrial use that are zoned heavy industrial (HI) and light industrial (LI) with the issuance of a special use permit from the board of adjustment. Operating industrial use includes, but is not limited to, planning, construction, and production uses. Occupational housing shall be used exclusively for temporary residential housing for employees or contractors hired by the company. Occupational housing shall meet the following standards:

(1)

Special use permits authorizing the use of the property for occupational housing may be issued for a period of up to five (5) years, but may be renewed for successive periods for as long as the need for housing continues to exist.

(2)

A surveyed site plan, meeting the requirements of section 12-33 of the development code, shall be submitted to the administrator with the application for a special use permit. The site plan shall show that the proposed use will meet the requirements of this chapter.

(3)

Occupational housing shall be utilized for employees and contractors who do not exceed seven hundred thirty (730) consecutive days of occupancy in an occupational housing.

(4)

There shall be a survey showing the area of the property to be used for occupational housing. The area containing occupational housing shall not exceed ten (10) percent of the total parcel acreage.

(5)

The residential units shall be manufactured homes and located on the same lot as the industry for which the employees and contractors are performing work. The residential occupational housing shall obtain any required permits from the building inspections department and the environmental health office.

(6)

The density shall not exceed two (2) residential units per acre.

(7)

Type B semi-opaque screening shall be required around the perimeter of the occupational housing portion of the property.

(8)

The occupational housing shall be setback a minimum of one hundred (100) feet from any nonresidential structure.

(9)

The homes shall meet property line setback requirements in the Cleveland County Development Code.

(10)

If the residential units are no are abandoned (discontinued) for more than one hundred eighty (180) consecutive days, the occupational housing units must be removed from the property at the property owner's expense.

(11)

The planning department shall be notified within sixty (60) days of any change in use of the property. Failure to notify the county within this time period shall result in enforcement as set forth in article VII of chapter 12 of the Code of Ordinances.

(Ord. of 3-21-17)

The following standards for the construction of amateur radio towers shall apply to all towers with a height of seventy-five (75) feet and higher. Any amateur radio tower with a height below seventy-five (75) feet is exempt from any standards set forth in this chapter:

(1)

Amateur radio towers are a compliant use in all zoning districts.

(2)

There shall be a setback of thirty (30) percent of the height of the tower from property lines, rights-of-ways and easements.

(3)

Cables, guy wires, or any structural support associated with the tower shall meet a setback requirement of at least five (5) feet.

(4)

Prior to the issuance of a zoning permit, a site drawing shall be provided to the administrator, including property lines, any existing structures, proposed tower, tower setbacks and tower height.

(Amd. of 11-16-10(2); Ord. of 3-21-17)

Editor's note— An ordinance adopted Mar. 21, 2017, renumbered former § 12-158 as § 12-159.

The following development standards shall apply to the construction of any solar facility designed to generate electricity for a commercial purpose. Any solar facility on properties less than ten (10) acres, and or any solar facility containing battery storage shall be prohibited:

(a)

A site plan, signed and sealed by a professional engineer licensed pursuant to GS § 89C shall be prepared in accordance with section 12-33(a). The site plan shall show the location of any structures within one hundred (100) feet of the property line, and it shall also demonstrate compliance with the other standards in this section.

(b)

A landscape plan, signed and sealed by a professional landscape architect licensed pursuant to GS § 89A shall be prepared demonstrating compliance with this chapter.

(c)

Natural woodland buffering shall be installed between the security fence and adjacent nonparticipating property and the road right-of-way, prior to the operation of any solar equipment. Natural Woodland Buffering shall be planted at a depth of one hundred (100) feet consisting of species native to Cleveland County with a mixture of ornamental evergreen trees.

(1)

The aforementioned natural woodland buffer area shall consist of a maximum seventy five (75) percent native pine trees.

(2)

Trees within the natural area shall be installed at a minimum of one (1) tree per one hundred (100) square feet. Use of existing vegetation is encouraged.

(3)

In addition to the above mentioned density requirements ornamental evergreen trees shall be installed within the natural woodland buffer one (1) tree per three hundred (300) square feet.

(4)

Ornamental evergreen trees shall be installed at six (6) feet planted height.

(5)

Reference Nonnative Invasive Plants of Southern Forest by the United States Department of Agriculture for examples of species.

(d)

Security fencing shall be installed around the perimeter of the solar facility. The fencing shall be a minimum of six (6) feet in height, chain link or other fencing sufficient to ensure no public access, and equipped with a gate and locking mechanism.

(e)

Setbacks shall be measured from the security fencing:

(1)

One hundred (100) feet from any nonparticipating property;

(2)

Two hundred (200) feet from any street right-of-way, habitable dwelling, or residentially zoned property.

(3)

Five Hundred (500) feet from the right-of-way of any arterial street; and

(4)

One thousand (1,000) feet from the right-of-way of a NCDOT Scenic Byway.

(f)

Maintenance. Natural woodland buffer, fencing, gates and warning signs shall be maintained in good appearance and safe operating condition. The site shall be compliant with the adopted ordinance and all approved permits until the facility is decommissioned pursuant to subsection (i) below.

(g)

Emergency Access. Current contact information for the facility owner and lessee if applicable, shall be posted at a visible location at each gate accessing the facility including:

(1)

Name,

(2)

Contact phone number,

(3)

Address,

(4)

Emergency contact phone number.

Facility owner shall further file an annual statement by February 1 of each year with the Cleveland County Planning Department containing the information listed in subsections (1) through (4) above.

(h)

Federal, state, and local requirements.Following issuance of a special use or zoning permit and prior to issuance of a building permit for construction of a new solar facility, the applicant shall supply documentation to the Cleveland County Planning Department that all necessary federal, state, and local approvals have been obtained and notifications have been made pursuant to applicable federal and state requirements for building a new solar facility. At a minimum, these shall include:

(1)

A boundary survey signed and sealed by a professional surveyor licensed in North Carolina showing compliance with the standards of this chapter submitted to the planning department;

(2)

A site plan showing emergency access shall be submitted to and approved by the Cleveland County Emergency Management;

(3)

Official documentation demonstrating compliance with any permitting required from the North Carolina Department of Environmental Quality (NCDEQ);

(4)

Official documentation demonstrating compliance with any permitting required from the National Environmental Policy Act (NEPA);

(5)

Official documentation demonstrating compliance with the Endangered Species Act (ESA).

(i)

Decommission.

(1)

A decommissioning plan shall be signed and sealed by a professional engineer licensed pursuant to GS § 89C and submitted to the Cleveland County Planning Department prior to the issuance of a zoning permit or special use permit (example provided at the end of this section 12-160): the decommissioning plan must be signed and notarized by both the owner/operator of the solar facility and the land owner. However, nothing about the issuance of a special use or zoning permit, including a decommissioning plan, relieves the landowner of the obligation to remove the equipment as outlined in the special use or zoning permit.

(2)

The decommissioning plan must be renewed, signed, and notarized by the facility owner/operator and the land owner every five (5) years from the time the permit is issued, or upon any change of the solar facility ownership or land ownership.

(3)

An estimated net cost of decommissioning, inclusive of salvage proceeds, is required and shall be prepared by a professional engineer, licensed pursuant to G.S. § 89C. The estimated net cost shall be revised on each decommissioning plan renewal every five (5) years and should account for inflation, deflation, and depreciation.

(4)

Decommissioning shall include, but not necessarily be limited to the removal and disposal of solar panels, buildings, cabling, electrical components, roads, fencing, and any other associated facilities down to thirty-six (36) inches below grade. Further, the land shall be reasonably rehabilitated unless an agreement is reached with the land owner to leave as is.

(5)

Prior to the issuance of any building permits or electrical permits, a surety bond naming Cleveland County as beneficiary shall be posted for one-hundred and twenty-five (125) percent of the estimated net cost of decommissioning established within the approved decommissioning plan, or twenty-five (25) percent of the estimated decommissioning cost excluding salvage value, whichever is greater. The surety bond shall be renewed every five (5) years at the same time the decommissioning plan is renewed.

(6)

The Cleveland County Planning Department shall perform a revalidation inspection at minimum once every five (5) years from the date of the issuance of a permit to ensure that the solar facility remains in compliance with all standards of this chapter and the surety bond is valid.

(7)

A copy of the sales contract for electricity, with any information made confidential by state or federal law redacted, shall be submitted to the Cleveland County Planning Department prior to obtaining a building permit, naming the buyer of electricity, the seller of electricity, and the beginning and end dates of the contract.

(8)

If the owner/operator of the solar facility fails to ensure the removal of the equipment within six (6) months after commercial power production ceases for a period of twelve (12) continuous months, the landowner shall be in violation of the special use or zoning permit, and be subject to the penalties set forth in section 12-94.

(9)

Each day that the violation continues after notification to the landowner by the administrator, shall be considered a separate offense for purposes of penalties and remedies.

(j)

Enforcement by injunction, abatement and liens.

(1)

In addition to any other remedies or enforcement methods allowed by any law, if a violation continues under section 12-94, the violation may be enforced by an order of abatement issued by the general court of justice for failure of the landowner to correct the unlawful condition of the property. Upon issuance of an abatement order by the general court of justice, a landowner must comply with the order within the time limit specified. If the landowner fails to do so, the county may take steps necessary to correct the condition of the property. The cost to correct the condition shall be a lien on the property in the nature of a mechanic or material man lien.

(2)

The equipment which remains shall be deemed abandoned and salvaged for the cost of decommissioning.

(3)

Should the salvage value exceed the cost of decommissioning, the balance shall be placed with the office of the clerk of court for abandoned funds.

Example of the Decommissioning Plan

Decommission Plan for Big Bright Solar ("Facility"), located at ___________.

Prepared and Submitted by ___________, the owner of Big Bright Solar

This decommissioning plan is presented as required by subsection 12-160(f) of the Cleveland County Code.

Decommissioning will occur as a result of any of the following conditions:

1.

The land lease ends;

2.

The system does not produce power for 12 months; or

3.

The system is damaged and will not be repaired or replaced

The owner of the Facility, as provided for in its lease with the landowner, will do the following as a minimum to decommission the project.

1.

Remove all non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade.

2.

Remove all graveled areas and access roads unless the owner of the leased real estate requests in writing for it to stay in place.

3.

Restore the land to a condition reasonably similar to its condition before SES development, including replacement of top soil removed or eroded.

4.

Revegetate any cleared areas with warm season grasses that are native to the Piedmont region, unless requested in writing by the owner of the real estate to not revegetate due to plans for agricultural planting.

All said removal and decommissioning shall occur within 12 months of the facility ceasing to produce power for sale.

The facility owner, currently ___________, is responsible for this decommissioning. Nothing in this plan relieves any obligation that the real estate property owner may have to remove the facility as outlined in the special use permit in the event the operator of the facility does not fulfill this obligation.

The owner of the Facility will provide the Cleveland County Planning Department and the Register of Deeds with an updated signed decommissioning plan within 30 days of change in the facility owner.

This plan may be modified from time to time and a copy of any modified plans will be provided to the Cleveland County Planning Department and filed with the Register of Deeds by the party responsible for decommissioning.

Facility Owner Signature: ___________ Date: ___

Landowner (if different) Signature: ___________ Date: ___

(Ord. of 4-5-16(1); Ord. of 4-12-19(1))

(a)

The purpose of these regulations is to allow for the placement and growth of recreational vehicle parks while maintaining the health, safety, and general welfare standards of established residential and commercial areas in Cleveland County.

(b)

Recreational vehicle parks shall be allowed pursuant to section 12-124 and are subject to the following standards:

(1)

No recreational vehicle park shall exist on a single parcel that is less than three (3) acres in size.

(2)

Density.

a.

There shall be a minimum distance of one (1) mile, (five thousand two hundred eighty (5,280) feet), from one (1) parcel containing a permitted recreational vehicle park to another parcel containing a permitted recreational vehicle park, this distance being measured using property boundaries of the least distance between the parcels. A recreational vehicle park shall be considered "permitted" for the purposes of this section once the applicant has obtained a zoning or special use permit, as the case may be, to use property for a recreational vehicle park. If said zoning or special use permit expires, the recreational vehicle park shall no longer be considered "permitted" under this section.

b.

There shall be no more than six (6) recreational vehicle sites per acre within a single recreational vehicle park.

c.

For recreational vehicle parks within the water supply critical area overlay district, there shall be no more than three (3) recreational vehicle sites per one (1) acre.

d.

Each recreational vehicle site shall include a parking spot that is at least twenty (20) feet wide and forty (40) feet long.

(3)

Setbacks.

a.

A setback of one hundred (100) feet shall be required from all public or private rights-of-way, and a setback of fifty (50) feet shall be required from all other property lines.

b.

A setback of twenty (20) feet shall be required between recreational vehicle sites.

(4)

Type B screening, as outlined in section 12-305, shall be required along all exterior property lines, unless existing screening is deemed sufficient by the administrator or the board of adjustment.

(5)

An approved dumpster shall be required that is not visible from an adjoining property or a public street.

(6)

Roads and road access.

a.

No recreational vehicle site shall have direct access to a public road. Recreational vehicle sites shall be accessible only from interior roads.

b.

Access roads shall be compliant with any applicable standards set forth in Appendix D of the North Carolina Fire Code, Fire Apparatus Roads, as determined by the fire code official.

(7)

One non-illuminated sign allowed with a maximum area of twenty-five (25) square feet shall be allowed. The sign shall be set back a minimum of ten (10) feet from any property line or road right-of-way. No other signage shall be permitted unless required by law.

(8)

Each recreational vehicle site shall have an address posted thereon to distinguish it from other sites on the property.

(9)

The applicant shall obtain any required local and state permits such as environmental, building and North Carolina Department of Transportation driveway permits.

(c)

A site plan shall be submitted to the administrator or the board of adjustment prior to approval. The site plan shall show any existing or proposed development or structures, including the location and number of all proposed sites, roads, setbacks, screening, and landmarks. The site plan shall further comply with section 12-33 of the Cleveland County Unified Development Ordinance.

(Ord. of 2-18-20(1); Ord. of 2-1-22(1); Ord. of 3-15-22(2); Ord. of 3-15-22(3); Ord. of 11-1-22(1))

Kennels shall be allowed pursuant to section 12-124 and are subject to the following standards:

(1)

No kennel shall exist on a single parcel that is less than two (2) acres in size.

(2)

All buildings shall be fully enclosed and all outdoor uses, including kennels and runs, shall be completely enclosed with a fence.

(3)

Setbacks.

a.

A setback of fifty (50) feet shall be required from all public or private rights-of-way.

b.

A setback of fifty (50) feet shall be required from all other property lines.

(Ord. of 8-4-20(1))

Private storage buildings shall be permitted on lots one (1) acre or greater, pursuant to section 12-124 and are subject to the following standards:

(1)

A site plan drawn to scale displaying the existing and proposed property uses and compliance with the provisions of this chapter shall be submitted prior to the issuance of a zoning permit.

(2)

No site plan is required if the lot acreage is three (3) acres or greater.

(3)

Private storage buildings shall contain no bathroom.

(4)

Setbacks.

a.

A setback of one-hundred (100) feet shall be required from all public or private rights-of-way.

b.

A setback of twenty (20) feet shall be required from all side property lines.

c.

All other principle use setbacks shall be applied.

(5)

Permitted building size is reliant on the lot size. No private storage building as a principal use shall exceed four thousand (4,000) square feet in size.

• One (1) acre lot - One thousand five hundred (1,500) square feet building maximum.

• Two (2) acre lot - Two thousand five hundred (2,500) square feet building maximum.

• Three (3) acre lot - Four thousand (4,000) square feet building maximum.

(Ord. No. 23-08, 7-9-24)