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Harnett County Unincorporated
City Zoning Code

USE REGULATIONS

§ 153.105 USE TYPES AND REGULATIONS.

   (A)   General applicability.
      (1)   Any use not specifically designated as either a permitted or special use in a zoning district or the use appears to fit into two or more categories, the proposed use may be classified the same as the most similar use listed. In utilizing this type of classification method, the Zoning Administrator shall utilize the following factors: types of activities that will occur, types of equipment, and processes that will be used; density; intensity of development; building and site arrangement; environmental effects; anticipated traffic amount, parking demands; noise; light; vibration; odor; hours of operation; frequency, number, and existence of residents, customers, or employees; and impacts on adjacent structures, uses, or lands created by the proposed use. Uses not listed or classified as a similar use may be included by following the amendment process described elsewhere in this subchapter. The following uses shall be expressly prohibited: abandoned manufactured homes.
         (a)   Unless otherwise provided, manufactured homes that are considered to be abandoned according to the definition for abandoned manufactured homes shall be prohibited in all zoning districts within the county. Once a determination has been made by the Administrator or his or her authorized agent that a manufactured home is abandoned then the Administrator shall take action to abate the violation using any of the enforcement procedures in § 153.999.
         (b)   The county may require the removal of junked or abandoned manufactured homes from public grounds, including but not limited to public or private street right(s)-of-way or private property upon finding that such removal is necessary and desirable to promote or enhance community, neighborhood, or area appearance or to abate public health or safety nuisances.
      (2)   Existing nonresidential development applying for permits to expand shall follow the requirements indicated in division (B) below.
IND
LI 
COMM 
O&I 
CONS 
RA-40 
RA-30 
RA-20R 
RA-20M 
PARKING
USE GROUP LEVEL
BUILDING CODE CLASS
IND
LI 
COMM 
O&I 
CONS 
RA-40 
RA-30 
RA-20R 
RA-20M 
PARKING
USE GROUP LEVEL
BUILDING CODE CLASS
ACCESSORY USES AND STRUCTURES
Customary home occupations
P *
P*
P*
P*
1
Education: typically related accessory uses (e.g., dormitories, modular units, stadiums, auditoriums, museums and the like)
P
P
P
P
P
P
P
See O&I District Regulati ons
Junk motor vehicles (on private property)
P *
P*
P*
P*
Kennel, private accessory
P *
P*
P*
P*
1
Religious structures related accessory uses (e.g., rectories, parsonages, manses, parish houses, cemeteries, mausoleums)
S
S
P
P
P
P
P
P
2
Solar energy system
P*
P*
P*
P*
P *
P*
P*
P*
Swimming pools
P*
P*
P*
P*
P *
P*
P*
P*
1
Wind energy system
P*
P*
P*
P*
P *
P*
P*
P*
AGRICULTURE AND FORESTRY USES
Bona fide farm and agritourism
P
P
P
P
P
P
P
P
1
Nursery
P*
P *
P*
P*
P*
1 per 500 sq. ft.
2
M
Preserves (nature, wildlife, or forest)
P
P
P
P
P
P
P
P
P
1
COMMERCIAL USES
Existing commercial uses applying for permits to expand
P
S
S
S
As required by underlying use
3
Animal Services
Kennels, boarding stables, and other similar regulated land uses
S
S
S
S
S
S
S
1 per employee + 1 per kennel or pen
3
B
Veterinarian service, indoor
S*
P*
P*
P*
S *
S*
S*
S*
1 per 300 sq. ft.
3
B
Veterinarian service, with outdoor facilities
S*
P*
S*
S*
S *
S*
S*
S*
1 per 300 sq. ft.
3
B
Zoo and petting zoo
S*
S*
S*
S*
1 per 4 persons (at max capacity)
4
Eating and Drinking Services
Bar, tavern, and entertainment venue
P*
S*
P*
1 per 2 seats
3
A
Restaurant
P*
P*
P*
P*
S *
S*
S*
S*
1 per 4 seats + 1 per 2 employees
3
A
Lodging Services
Bed and breakfast
S *
S*
S*
S*
1 per room + 1 per employee
3
R
Boarding house
S*
S*
S*
1 per room + 1 per employee
3
R
Hotel or motel
S
P
P
P
1 per room + 1 per 2 employees
3
R
Homeless shelter
S*
S*
S*
S*
S*
1 per 400 sq. ft.
3
R
Recreational campground
S*
S*
S *
S*
S*
S*
1 per site
3
Offices, General
Business service establishment
P
P
P
P
1 per 300 sq. ft.
3
B
Offices (business or professional)
P
P
P
P
S
S
S
S
1 per 200 sq. ft.
3
B
Offices (governmental)
P
P
P
P
S
S
S
S
1 per 200 sq. ft.
3
B
Personal Services
Laundromat
P
P
P
P
S
S
S
S
1 per 150 sq. ft.
3
Massage and bodywork spa, or therapy practice, licensed
P*
P*
S*
S*
S*
3 per licensed therapist
3
B
Massage and bodywork therapy practice, unlicensed
S*
1 per 300 sq. ft.
4
B
Personal service establishment
P
P
P
S
S
S
S
1 per 300 sq. ft.
B
Recreational Facilities
Athletic fields, private
P*
S*
P*
S*
S *
P*
S*
P*
S*
P*
S*
25 per field + 1 per 200 sq. ft.
3
A
Firing range, indoor
P*
P*
P*
S*
S *
S*
S*
S*
1 per firing point
4
Firing range, outdoor
S*
S*
S*
S*
S *
S*
S*
S*
1 per firing point
4
Health and training center, indoor
S
P
P
P
1 per 200 sq. ft.
2
A
Health and training center, outdoor
S*
S*
S*
1 per 200 sq. ft.
2
A
Outdoor entertainment venue
S*
S*
S*
S*
S*
1 per 2 seats and/or 1 per 30 sq. ft. of audience area
3
A
Race track
S*
S*
S*
S*
S *
S*
S*
S*
1 per participa nt + 1 per 3 seats
3
A
Recreation and amusement services
S
S
1 per 4 persons (at max capacity)
3
A
Recreational day camp
S*
S*
S *
S*
S*
S*
1 per employee + 1 per 8 clients
2
Recreational facility
S*
S*
S*
S*
S *
S*
S*
S*
1 per 4 persons (at max capacity)
3
A
Recreational facility, indoor
P
P
P
S
S
S
S
1 per 200 sq. ft.
2
A
Retail Services
Convenience stores and convenience type business establishments
P*
P*
P*
P*
S *
S*
S*
S*
1 per 150 sq. ft.
3
M
Flea markets, rummage, second hand sales and activities, indoor and outdoor
P*
S*
S*
S*
1 per 300 sq. ft.
3
M
Grocery store
S
P
P
S
S
S
S
1 per 200 sq. ft.
3
M
Nursery, retail
P
P
S
S
S
S
1 per 500 sq. ft.
3
M
Retail sales (entirely within an enclosed building)
P*
P*
P*
1 per 300 sq. ft.
3
M
Retail sales, outdoor (primarily outside of an enclosed building)
P*
P*
P*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
3
M
Sexually-oriented business (bookstore, motion picture, nightclub)
S*
1 per 300 sq. ft.
4
Shopping center
P*
P*
1 per 200 sq. ft.
3
Vehicle Services
Automobile repair facility
P*
P*
P*
S*
S *
S*
S*
S*
3 per bay + 1 per employee
3
S
Car wash
P*
P*
P*
S*
S *
S*
S*
S*
1 per employee + 1 per 200 sq. ft.
3
Parking lot
P
P
P
P
S
S
3
Repossession storage facility (repot lot)
P*
S*
S*
1 per 200 sq. ft.
4
Vehicle sales, leasing, and rental
S*
S*
P*
S *
S*
S*
S*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
3
B
EDUCATIONAL AND INSTITUTIONAL USES
Cemetery or mausoleum, private use
P
P
P
P
2
Cemetery or mausoleum, commercial use
S*
S *
S*
S*
S*
2
Continuing care retirement community/nursing home
P
P
P
P
S
S
S
S
1 per employee (largest shift) + 1/2 per resident
2
Crematorium
P
S
S
S
S
S
S
1 per employee
U
Funeral home or mortuary
P
S
S
S
S
1 per 4 seats or 1 per 200 sq. ft.
2
A-3
Religious structures
S*
P*
P*
P*
P *
P*
P*
P*
1 per 4 sanctuary seats
2
A-3
Daycare Facilities
Adult daycare
S*
P*
P*
S*
S *
S*
S*
S*
1 per employee + 1 per 8 clients
2
Childcare facility
S*
P*
P*
S*
S *
S*
S*
S*
1 per employee + 1 per 8 clients
2
In-home childcare
P *
P*
P*
P*
As required by underlying use
1
R-3
Educational Services
Colleges and universities
P
P
S
P
P
P
P
P
5 per classroom + 1 per office
2
B
Learning center
S
P
P
1 per employee + 1 per 8 clients
2
B
Research laboratory
P
P
S
P
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
3
School, private: elementary, middle, and high
S
S
S
P
P
P
P
2 per classroom
2
E
School, public: elementary, middle, and high
P
S
S
P
P
P
P
5 per classroom
2
E
Trade school
P
P
P
S
S
S
S
5 per classroom + 1 per office
2
B
Truck driving school
P
S
S
5 per classroom + 1 per office
4
B
Financial Services
Automated teller machine (ATM)
P*
P*
P*
P*
P *
P*
P*
P*
2 per machine
2
Financial institutions (banks, credit agencies, investment companies, and the like)
S
P
P
P
1 per 200 sq. ft.
3
B
Health Services
Emergency services (e.g., police, fire, rescue, ambulance service)
P
P
P
P
P
P
P
P
1 per 350 sq. ft.
2
Health care services (e.g., medical and dental clinic and lab, blood bank, and the like)
S
P
P
P
S
S
S
S
1 per 300 sq. ft.
3
B
Hospitals
P
P
P
P
P
P
P
P
2 per bed
3
I-2
Public Services
Parks
P
P
P
P
P
P
P
P
1
Public library
P
P
P
P
P
P
P
P
1 per 300 sq. ft.
2
A-3
Social Institutions
Community and civic centers
P
P
P
P
P
P
1 per 200 sq. ft.
2
A-3
Social halls, lodges, fraternal organizations, clubs, and similar activities
P
P
S
S
S
S
1 per 200 sq. ft.
2
A-3
INDUSTRIAL USES
Existing industrial uses applying for permits to expand
S
S
S
S
As required by underlying use
4
Alternative Energy
Ethanol diesel and biofuel production
S*
S*
1 per 2 employees (largest shift)
4
H
Solar energy facility
P*
P*
S *
S*
S*
S*
1 per 2 employees (largest shift)
4
Wind energy facility
P*
P*
S *
S*
S*
S*
1 per 2 employees (largest shift)
4
Manufacturing
Manufacturing, fertilizer
S*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
H
Manufacturing, general
P*
S*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
Manufacturing, light
P*
P*
S*
P*
P*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
Research laboratory and development
P
P
P
P
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
Warehousing and Freight Handling
Assembling, processing industries, wholesale, and warehouse
P*
P*
S*
P*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
Distribution center
P*
S*
S*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
S
Storage, recreational vehicle and travel trailer (private, individual use)
P *
P*
P*
P*
see Office, if applicable
3
Storage, self mini-warehouse/ outdoor
P*
P*
P*
S*
S*
S*
see Office, if applicable
3
S
Wholesale Trade
Wholesale storage of gasoline or bulk terminal plants
S*
1 per 2 employee s (largest shift) or 1 per 500 sq. ft.
4
H-3
Waste Related
Recycling collection centers (unmanned)
P*
P*
P*
P*
P *
P*
P*
P*
1 per unit
1
Recycling collection centers and solid waste container sites (manned)
P
P
S
S
S
S
S
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
Recycling plant
P
S
S
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
Solid waste disposal
S*
S*
S*
S *
S*
S*
S*
1 per 2 employees (largest shift)
4
OTHER USES
Airports and related uses
P*
S*
S*
S*
S*
1 per 300 sq. ft.
4
U
Communication towers: microwave, tv, telephone, radio, and cellular
S*
S*
S*
S*
S *
S*
S*
S*
4
U
Firearm certification facilities
S*
S*
S*
S*
S *
S*
S*
S*
1 per participant and 1 per instructor
4
Government training facilities
P
P
P
P
P
P
P
P
1 per 2 participants allowed by classroom occupancy
3
Gunsmithing
S*
S*
S*
S*
S *
S*
S*
S*
Junkyards
S*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
Manufactured home parks
S*
2 per dwelling unit
3
Mining activities
S*
S*
S*
S *
S*
S*
S*
1 per 2 employees (largest shift) or 1 per 500 sq. ft.
4
Outdoor advertising signs
P
Planned unit development
S*
S*
S*
S *
S*
S*
S*
As required by underlying use
3
RESIDENTIAL USES
Group Residential
Family care facility
P *
P*
P*
P*
1 per 5 beds
2
R-3
Group care facility
S*
S *
S*
S*
S*
1 per 5 beds
2
Multifamily Residential
Condominium development
P*
S*
S*
P* S*
1.5 per bedroom
2
R-2
Duplex development
S*
S*
P* S*
1.5 per bedroom + 1 per bedroom over 2
2
R-3
Live/work development
S*
S*
As required by proposed uses
3
Multifamily dwelling (three or more dwelling units on individual parcel)
P*
S*
S*
P* S*
1.5 per bedroom + 1 per bedroom over 2
2
R-2
Townhome development
P*
S*
S*
P* S*
1.5 per bedroom + 1 per bedroom over 2
2
R-3
Two-family dwelling (duplex on individual parcel)
P
P
P
1.5 per bedroom + 1 per bedroom over 2
1
R-3
Traditional Household Residential
Manufactured homes (on individual parcel)
S*
P*
P*
2 per dwelling unit
1
R-3
Multi-section manufactured homes (on individual parcel)
P*
S*
P*
P*
2 per dwelling unit
1
R-3
Single-family dwellings (including modular homes)
P*
P
P
P
P
2 per dwelling unit
1
R-3
TEMPORARY USES
Modular classroom
P*
P*
P*
P*
P *
P*
P*
P*
E
Nonresidential building, temporary
P*
P*
P*
P*
P*
P *
P*
P*
P*
Portable food sales
P*
P*
P*
Residence, temporary
P *
P*
P*
P*
2 per dwelling unit
1
Roadside stands
P *
P*
P*
P*
1
Season sales
P*
P *
P*
P*
P*
1
Temporary events
P*
P*
P*
P*
P *
P*
P*
P*
1
Turkey shoot, temporary/seasonal
S*
S*
S*
S*
S *
S*
S*
S*
1 per firing point
1
Yard sale
P *
P*
P*
P*
1
UTILITY USES
Privately owned public utility structures and facilities
P*
S*
P*
S*
P*
S*
P*
S*
P*
S*
S *
S *
S*
S*
S*
S*
S*
S*
1 per 2 employees, if applicable
3
U
Publicly owned utility structures and facilities
P*
P*
P*
P*
P*
P *
P*
P*
P*
1 per 2 employees, if applicable
3
U
 
   (C)   Specifications. For purposes of this section, the column identified as “Building Code Class” is intended for reference purposes only and is subject to change without notice. “Building Code Class” is intended to provide the “Use and Occupancy Classification” as identified in the North Carolina State Building Code, which should be utilized for verification of the information included herein. Listings not specified shall follow the regulations of the applicable “Use and Occupancy Classification” once verified by the Building Code Administrator.
(Ord. passed 10-17-2011; Res. passed 5-21-2012; Res. passed 9-17-2012; Res. passed 10-19-2015; Res. passed 3-21-2016; Res. passed 3-21-2016; Res. passed 9-16-2019; Res. passed 11-16-2020; Ord. 2023-16, passed 8-21-2023; Ord. 2023-21, passed 10-16-2023; Ord. 2024-15, passed 5-20-2024; Ord. 2024-31, passed 11-18-2024)

§ 153.106 USE REGULATIONS.

   Use regulations shall apply to those uses marked with an asterisk (*) in the “Table of use types and regulations” in § 153.105(B), and are applicable to each use, as listed. Compliance with use regulations is mandatory and required prior to issuance of a certificate of occupancy. Use regulations listed herein shall be listed in the same order as in the “Table of use types and regulations” in § 153.105(B).
(Ord. passed 10-17-2011)

§ 153.107 RESIDENTIAL USES.

   (A)   Traditional household residential.
      (1)   Single-family dwelling. All single-family dwellings located within the Conservation Zoning District shall be connected to public water and public sewer unless specified elsewhere within this chapter.
      (2)   Manufactured homes.
         (a)   RA-20M and RA-20R Zoning Districts. All requirements or conditions shall be met before a final certificate of occupancy (CO) will be issued for the home:
            1.   The structure shall be built to the HUD code for manufactured homes;
            2.   The structure shall have an A-pitched roof that is covered with material commonly used in standard residential roofing construction. The material shall be installed properly and be consistent in appearance;
            3.   The structure shall have underpinning consisting of a brick curtain wall or have galvanized metal sheeting, ABS, or PVC plastic color skirting with interlocking edges, installed around the perimeter of the home. Skirting shall be consistent in appearance, in good condition, continuous, permanent, and unpierced except for ventilation and access; and
            4.   The tongue or towing device shall be removed or landscaped.
         (b)   RA-30 Zoning District. All requirements or conditions shall be met prior to issuance of a certificate of occupancy (CO) for the home:
            1.   The structure shall be built to the HUD code for manufactured homes;
            2.   The structure shall have an A-pitched roof that is covered with material commonly used in standard residential roofing construction. The material shall be installed properly and be consistent in appearance;
            3.   The structure shall have underpinning consisting of a brick curtain wall or have galvanized metal sheeting, ABS, or PVC plastic color skirting with interlocking edges, installed around the perimeter of the home. Skirting shall be consistent in appearance, in good condition, continuous, permanent, and unpierced except for ventilation and access. In cases where the proposed home is located in Flood Zone AE, the home shall be located on a masonry foundation only, with approved flood vents or breakaway skirting. See §§ 153.245 through 153.248 for more information;
            4.   The exterior siding shall consist predominantly of vinyl, aluminum, wood, or hardboard and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction. The exterior siding shall be in good condition, complete, and not damaged or loose; and
            5.   The tongue or towing device shall be removed or landscaped.
      (3)   Multi-section manufactured homes.
         (a)   RA-20M and RA-20R Zoning Districts. All requirements or conditions shall be met before a final certificate of occupancy (CO) will be issued for the home:
            1.   The structure shall be built to the HUD code for manufactured homes;
            2.   The structure shall have an A-pitched roof that is covered with material commonly used in standard residential roofing construction. The material shall be installed properly and be consistent in appearance;
            3.   The structure shall have underpinning consisting of a brick curtain wall or have galvanized metal sheeting, ABS, or PVC plastic color skirting with interlocking edges, installed around the perimeter of the home. Skirting shall be consistent in appearance, in good condition, continuous, permanent, and unpierced except for ventilation and access; and
            4.   The tongue or towing device shall be removed or landscaped.
         (b)   RA-30 Zoning District. All requirements or conditions shall be met prior to issuance of a certificate of occupancy (CO) for the home. In cases where the requirements listed herein cannot be met, the applicant(s) may apply for a special use permit:
            1.   The structure shall be built to the HUD code for manufactured homes;
            2.   When located on the site, the longest axis of the unit shall be parallel to the lot frontage;
            3.   The structure shall have an A-pitched roof that is covered with material commonly used in standard residential roofing construction. The material shall be installed properly and be consistent in appearance;
            4.   The structure shall have masonry underpinning that is continuous, permanent, and unpierced except for ventilation and access;
            5.   The exterior siding shall consist predominantly of vinyl, aluminum, wood or hardboard and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction. The exterior siding shall be in good condition, complete, and not damaged or loose;
            6.   The minimum lot size shall be one acre excluding any street right-of-way and the minimum lot frontage shall be 150 feet as measured at the right-of-way line or along an easement whichever applies, except on the bulb of a cul-de-sac where a minimum of 40 feet is acceptable; and
            7.   The tongue or towing device shall be removed.
   (B)   Multifamily residential.
      (1)   Multifamily residential development: general regulations. The following regulations shall apply to all apartment development, condominium development, duplex development, multifamily development (other), and townhome development:
         (a)   Multifamily residential development shall be permitted in rural center, employment mixed use, and compact mixed use land use classifications, and shall require a special use permit in all other land use classifications;
         (b)   Residential density shall not exceed nine dwelling units per acre unless otherwise allowed by this chapter.;
         (c)   A minimum of 15% of the tract shall be set aside for recreational open space unless otherwise allowed by this chapter. Of the total set aside, 5% of the area shall be developed for improved recreational open space. This area shall be installed and maintained by the developer until ownership of the recreational open space area is transferred to the homeowners association, if applicable. In cases where no homeowners association is created, the developer shall be responsible for continued maintenance of recreational open space areas. Additionally:
            1.   Improved recreational open space areas, such as golf courses, basketball courts, swings, and the like, shall be clearly defined. Any equipment used for improved recreational open space areas shall be permanently affixed to the ground; and/or
            2.   All recreational open space areas shall be equipped and maintained by the appropriate body.
         (d)   A network of sidewalks and pedestrian trails, where applicable, shall be provided to connect all parking areas, driveways, residential structures, and amenities. Approval of such shall be based on connectivity. Additionally:
            1.   Sidewalks shall be constructed along all streets, driveways, parking areas, and residential structures. The construction shall be in accordance with the construction standards set forth in this chapter; and/or
            2.   Pedestrian trails may be provided in place of sidewalks between all separate accessory structures and amenities, including open space and recreational open space areas. The pedestrian trails shall be a minimum of four feet wide and three inches thick.
         (e)   Developments larger than five acres in size shall install street trees along both sides of all newly created public or private street(s). The improvements shall be in accordance with the applicable requirements set forth in this chapter;
         (f)   Recordation of the declaration, if applicable, and plan shall be completed by the developer or his or her agent prior to issuance of the first certificate of occupancy (CO) on the project following approval by the DRB or such approval shall be null and void;
         (g)   In any multifamily development in which lots and/or units are individually sold, a homeowners association (HOA) shall be required. The required organizational documents and by-laws shall include, but are not limited to, the following.
            1.   The homeowners association shall be established before any lots are sold.
            2.   Membership shall be mandatory for each buyer and any successive buyer.
            3.   The developer shall be responsible for all maintenance and other responsibilities of the homeowners association until 60% of all units to be sold are sold. After 60% of all units are sold, the homeowners association shall levy assessments and assume its responsibilities.
            4.   The homeowners association shall be responsible for liability insurance, taxes, and maintenance of all recreational open space facilities, grounds, and common areas. Any sums levied by the homeowners association that remain unpaid shall become a lien on the individual property.
            5.   The declaration shall contain a statement addressing street maintenance and ownership, if applicable.
         (h)   A minimum of two entrances shall be required on all multifamily developments of 100 or more units;
         (i)   Streets, driveways, and parking areas shall meet the following requirements.
            1.   All driveways, streets, and parking areas whether private or public, shall be paved and constructed to NCDOT standards. Once ownership of the private streets has been transferred to the homeowners association, if applicable, the association shall assume maintenance of the streets.
            2. When parking lots are located within the required front yard, the minimum front setback for each unit or the development as a whole, whichever is applicable, shall be increased by an additional 20 feet.
            3. Curb and gutter shall be installed in accordance with § 153.151(D).
         (j)   Individual lots shall meet the following minimum dimensional requirements as applicable. Minimum side yard requirements shall apply to perimeter boundaries only, except in cases of a duplex development, where the minimum side yard on one side shall meet the requirements below.
 
Minimum Requirement
Width
Front yard
35 ft.
Front yard (parking within front yard)
55 ft.
Lot width
20 ft.
Rear yard
25 ft.
Side yard
10 ft.
Side yard, corner lot
20 ft.
 
      (2)   Multifamily residential development: specific regulations.
         (a)   Condominium development. A declaration establishing a condominium development shall be prepared which satisfies the requirements of the state’s Unit Ownership Act (G.S. Chapter 47A). This declaration shall be filed with the plans for the development. The plans and declaration shall be submitted with the special use permit application, if applicable.
         (b)   Duplex development. The requirements set forth herein for a single duplex unit shall not be applicable to the duplex development.
         (c)   Live/work development. 
            1.   A declaration establishing a condominium development shall be prepared which satisfies the requirements of the state’s Unit Ownership Act (G.S. §§ 47A-1 et seq.). This declaration shall be submitted with the special use application and filed with the plans for the development, if more than one residential unit is proposed.
            2.   Permissible nonresidential uses shall include the following as listed in “Table of use types and regulations” in § 153.105(B) and shall be conducted wholly within the structure:
               a.   Financial services;
               b.   Offices, general; and/or
               c.   Retail services.
            3.   Live/Work developments shall follow the setback regulations of the underlying zoning district; however, the perimeter side yard setback shall be a minimum of five feet.
            4.   The use shall have direct access to a collector or higher classified road.
            5.   No outside storage or display of items associated with the use shall be permitted.
         (d)   Multifamily development (other). All site plans shall be accompanied by a certification of sewage disposal, which states that the sewage system can handle its current load as well as the additional load from the apartments. The certification for private sewer systems shall come from the state, via the county’s Department of Public Health. The certification for public sewage disposal shall come from the county’s Department of Public Utilities.
         (e)   Townhome development. 
            1.   In a townhome development in which any facilities such as, but not limited to, streets, parking areas, recreational open space facilities, and common open space are to be held and maintained in common ownership a homeowners association shall be organized. Documents showing the association’s organizational structure and by-laws for the property shall be filed with the Planning Department. For townhome developments, the aforementioned documents shall become part of the application for a special use permit.
            2.   All townhome units shall be subject to the conveyance of a fee-simple lot.
   (C)   Group residential.
      (1)   Family care facility. No family care facility shall be located within a one-half mile radius of an existing family care facility. It shall be the responsibility of the applicant to supply such information.
      (2)   Group care facility. No group care facility shall be located within a one mile radius of an existing group care facility. It shall be the responsibility of the applicant to supply such information.
(Ord. passed 10-17-2011; Res. passed 3-21-2016; Res. passed 11-16-2020) Penalty, see § 153.999

§ 153.108 ACCESSORY USES AND STRUCTURES.

   (A)   Customary home occupation. 
      (1)   No more than one assistant may be employed by home occupations.
      (2)   No mechanical equipment shall be installed or used except such that is used for domestic or professional purposes.
      (3)   Not over 50% of the total floor space of any structure is used for home occupations. In no case shall any accessory structure be used in conjunction with a customary home occupation.
      (4)   Any modifications necessitated due to a customary home occupation shall meet the requirements of the North Carolina State Building Code. Twenty percent of all monies spent on improvements shall be dedicated toward ANSI compliance. Any manufactured home utilized for a customary home occupation shall include modifications, designed by a structural engineer licensed in the state.
   (B)   Junk motor vehicles (on private property). Unless otherwise provided, junked motor vehicles in the RA-40, RA-30, RA-20R, and RA-20M Zoning Districts on private property not associated with a business, shall conform to the following requirements effective November 15, 2004.
      (1)   General requirements.
         (a)   The junked motor vehicles shall not be stored or located within 30 feet of any adjoining property line or side street or right-of-way and shall be situated so that no motor vehicle or parts are visible from the adjoining properties. In no case shall junked motor vehicles be located in the front yard of the primary building of the lot.
         (b)   The junked motor vehicles shall not be a health or safety nuisance, nor shall the area constitute a health or safety nuisance according to the county’s Department of Public Health.
         (c)   The junked motor vehicles shall be entirely concealed during all seasons of the year from public view from the public right-of-way and from the adjoining properties. The vehicles may be concealed by an automobile cover or tarpaulin, with the cover adequately secured to prevent removal by wind. The automobile cover or tarpaulin shall remain in good repair and not allowed to deteriorate.
         (d)   In no case shall there be more than three junked motor vehicles located outside any enclosed building unless otherwise specified by this chapter. In situations where a person owns multiple tracts of land that are located within 500 feet of each other, the owner of such land shall be limited to three junked motor vehicles located outside any enclosed building unless otherwise specified by this chapter for all lots located within the distance requirement.
      (2)   Exceptions for junked motor vehicles. The repair of no more than one motor vehicle per household for personal use is exempt from the screening, concealment, and setback requirements of this chapter. However, the vehicle shall be owned by a member of the household and all repairs shall take place within an enclosed building or in the rear yard of the dwelling and shall not constitute a health or safety nuisance and all repairs shall take no longer than 180 days to complete.
   (C)   Kennel, private accessory.
      (1)   All kennel structures and related areas shall be located in the rear yard.
      (2)   All kennel structures and related areas shall be a minimum of ten feet from all property lines.
      (3)   A building permit shall be required for all kennel structures.
   (D)   Solar energy system, accessory.
      (1)   Roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.
         (a)   Pitched roof-mounted systems shall include with the application proof of the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.
         (b)   Flat roof-mounted systems shall include with the application a drawing showing the distance from the system components to the roof edge and any parapet walls on the building.
      (2)   Ground-mounted solar energy systems shall meet the minimum setback for the zoning district in which it is located or 25 feet, whichever is greater. The maximum height of the structure shall be 25 feet.
      (3)   Solar components of the system shall have an Underwriters Laboratories (UL) listing.
      (4)   Applications for all solar energy systems shall include a site plan and elevation drawings showing the location(s) of the system(s) on the building or property, including distance to property lines.
      (5)   All photovoltaic systems shall comply with the most current edition of the National Electrical Code.
      (6)   No grid-intertie photovoltaic system shall be installed until evidence has been provided to the Planning Department that the owner(s) has been approved by the appropriate utility company to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
      (7)   All solar structures shall be inspected by a county Building Inspector.
   (E)   Swimming pools.
      (1)   Swimming pools shall comply with the latest and applicable version of the North Carolina State Building Code for residential or commercial swimming pools, whichever is applicable.
      (2)   Swimming pools as permitted uses shall be located only in side or rear yards at residences, and in recreation areas at apartment complexes and manufactured home parks.
      (3)   All swimming pools and surrounding deck areas shall be at least ten feet from any property line, right-of-way, or easement, whichever is closest to the proposed swimming pool location.
      (4)   All buildings containing mechanical or chemical feeding equipment associated with the operation of a pool shall be at least five feet from any side or rear property line and shall comply with any other setback requirements.
      (5)   Any lighting associated with a swimming pool shall be shielded or located in a manner which will not adversely affect adjoining property or impair visibility on adjacent streets, roads, or highways.
      (6)   A water discharge plan for the swimming pool shall be submitted with the permit application showing property dimensions and other pertinent data; the water discharge plan shall show that the wastewater shall be discharged in one of the following ways:
         (a)   Wastewater shall drain directly into the street storm drainage system, other public storm drainage system, or roadway ditch; or
         (b)   Wastewater may be disposed of on the property without threat of discharge onto adjacent lots so long as such does not constitute a threat of discharge onto adjacent property streets or roadways.
   (F)   Wind energy system, accessory.
      (1)   Wind energy systems shall be setback from all property lines a distance equal to one linear foot for every foot of height of the highest structure that is part of the facility or the minimum setback for the zoning district in which it is located, whichever is greater.
      (2)   Wind turbines shall only be located in the rear yard and shall not be located on a corner lot.
      (3)   Wind energy systems shall not be permitted in any residential major subdivision.
      (4)   The maximum height of wind turbines is 80 feet.
      (5)   Attachment to a building of any kind shall be prohibited.
      (6)   The visual appearance of a wind energy system shall, at a minimum, meet the following:
         (a)   Wind energy systems shall be constructed of a corrosion resistant material that will not fade, show rust spots, or otherwise change in appearance as a result of exposure to the elements and shall be a non-obtrusive color such as white, off-white, or gray;
         (b)   No artificial light, except to the extent required by the FAA, shall be permitted; and/or
         (c)   No display advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer, facility owner(s), and operator.
      (7)   Installation and design of a wind energy system shall conform to applicable industry standards, including those of the American National Standards Institute.
      (8)   Any on-site transmission or power lines shall, to the maximum extent possible, be installed underground.
      (9)   Applications for wind energy systems shall include:
         (a)   The approximate generating capacity of the system;
         (b)   The representative type and height of the wind turbine(s) to be constructed, including its dimensions, manufacturer, and a description of any ancillary facilities;
         (c)   A site plan showing the location of wind turbine(s), property lines, setback lines, access easements or right(s)-of-way, and the location of all structures on the property; and
         (d)   Evidence of compliance with applicable FAA regulations.
      (10)   No wind energy system shall be installed until evidence has been provided to the Planning Department that the owner(s) has been approved by the appropriate utility company to install an interconnected customer-owned generator. Such evidence shall be in the form of a written verification that the plans have been reviewed and, if built to plans, the system will be accepted by the utility company and shall be furnished along with the application.
      (11)   The noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department. Evidence of such shall be furnished with the application for a wind energy system.
      (12)   (a)   Any wind energy system that is not functional shall be repaired by the owner(s) within 90 days or be removed, including in cases where the system is decommissioned.
         (b)   In the event that the county becomes aware of a system that is not operated for a continuous period of 90 days, the county will notify the property owner(s) according to the regulations set forth in this chapter.
         (c)   Any written response from the owner(s) shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action.
         (d)   If the county deems the timetable for corrective action as unreasonable, the county shall notify the owner and shall give an additional 120 days to remove the system from the date the notice is received.
         (e)   Any disturbed area shall be graded and re-seeded once removal has taken place.
(Ord. passed 10-17-2011; Res. passed 6-18-2012) Penalty, see § 153.999

§ 153.109 AGRICULTURAL AND FORESTRY USES.

   Nurseries shall not be required to install asphalt and/or concrete parking areas, except required handicapped parking. Graded and surfaced crushed stone, gravel, or other suitable material may be utilized provided a minimum of six inches of the product is installed and that it is maintained in a dust free manner. Additionally, any units utilized for storage of materials shall be located in the required side or rear yard and shall be screened with evergreen landscaping material.
(Ord. passed 10-17-2011)

§ 153.110 EDUCATIONAL AND INSTITUTIONAL USES.

   (A)   Cemetery or mausoleum, commercial use (as primary use).
      (1)   All applicable requirements of the state general statutes and the county concerning interment of the dead shall be met.
      (2)   No interment shall take place within 100 feet of any property line(s) or public right(s)-of-way.
      (3)   Buildings for the maintenance, management, and/or sales of cemetery lots shall be located at least 100 feet from any lot line that adjoins a residential zoning district. Otherwise, the building(s) shall conform to the requirements of the principal use for the district in which it is located.
      (4)   Cemeteries existing prior to adoption of this chapter may be exempt from dimensional requirements set forth in § 153.093(A)(2), (B), and (D).
   (B)   Religious structures. A minimum of 50% of the required parking for religious structures shall be surfaced with asphalt and/or concrete. All required handicapped amenities shall be located in permanently surfaced parking areas. The remaining parking may be grass, maintained in a dust free manner, except in cases where a daycare facility is provided onsite. In cases of existing religious structures where daycare facilities are added at a later date, any parking required for the daycare facility shall be surfaced with asphalt and/or concrete.
   (C)   Daycare facilities. 
      (1)   Daycare facilities: general regulations. Daycare facilities, including adult daycare, childcare facility, and in-home childcare, shall comply with all state and federal laws that pertain to the health, safety, and welfare of facility clients.
      (2)   Daycare facilities: specific regulations.
         (a)   Childcare facility. Outdoor activity area(s) shall be enclosed by a security fence and shall be located outside of the front building setback as established by this chapter.
            1.   The fence or wall shall be made of any suitable and durable material that is intended for a fence.
            2.   The fence or wall shall be designed so that a four-inch diameter sphere cannot pass through any opening.
            3.   All gates and doors opening through such fence or wall shall have self-closing and self-latching devices which keeps the gate or door closed at all times; however, the door of any dwelling which furnishes part of the enclosure need not be so equipped.
            4.   Parking areas shall not abut fenced play areas without provisions for ballasts or curbing.
         (b)   Commercial childcare facility. Outdoor activity area(s) shall be enclosed by a security fence at least five feet in height and shall be located outside of the front building setback as established by this chapter.
         (c)   In-home childcare facility.
            1.   In no case shall any in-home childcare facility have more than that maximum number of children allowable. Of that number, the following requirements must be met.
               a.   No more than five pre-school-age children shall be cared for.
               b.   No more than eight school-age children shall be cared for.
            2.   Childcare provider must live in the residence full time.
            3.   Required outdoor activity area(s):
               a.   Shall be enclosed by a security fence at least four feet in height;
               b.   Shall be located outside of the front building setback as established by this chapter; and
               c.   Shall be the product of 75 square feet times 50% of the approved enrollment.
         (d)   Underpinning and skirting. In cases where manufactured homes are used for in-home childcare facilities, the structure shall have underpinning consisting of a brick curtain wall or have galvanized metal sheeting, ABS, or PVC plastic color skirting with interlocking edges, installed around the perimeter of the home. Skirting shall be consistent in appearance, in good condition, continuous, permanent, and unpierced except for ventilation and access.
   (D)   Financial services - automated teller machine (ATM).
      (1)   Shall be located so as not to interfere or conflict with sidewalks, pedestrian ways, parking areas, loading areas, driveways, interior access drives, perimeter landscaping, or plantings, if applicable; and
      (2)   Side and rear setback requirement shall be five feet. All other setbacks shall comply with underlying zoning district.
(Ord. passed 10-17-2011; Res. passed 6-18-2012)

§ 153.111 COMMERCIAL USES.

   (A)   Animal services.
      (1)   Veterinarian services.
         (a)   Any outdoor yard areas shall be enclosed by a solid, opaque fence, or masonry wall at least eight feet in height.
         (b)   The animal hospital structure shall be soundproofed in order to minimize all loud and disturbing noises that might disturb those persons in adjoining structures or in the nearby vicinity. Further, the noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
      (2)   Zoo and petting zoo.
         (a)   The owner(s) of the facility shall provide written evidence of application to the United States Department of Agriculture (USDA) for such a facility at the time of application for a special use permit. Further, the owner(s) shall provide written evidence of USDA certification prior to issuance of a certificate of occupancy for the facility.
         (b)   In addition to those items required on the site plan elsewhere by this chapter, all areas to be used for purposes of a zoo or petting zoo, whether or not located within a structure, shall be identified.
         (c)   Any animals or areas deemed dangerous, or potentially dangerous, to the public shall be easily identified through signage and other necessary measures.
         (d)   The owner (s) shall ensure that the facility remains in compliance with local, state, and federal regulations regarding permitting and containment of exotic animals. If at any time the facility is not in compliance, the facility shall not allow entrance by the public.
         (e)   The facility shall be subject to random inspections by the county’s Departments of Planning Services and Animal Control to ensure compliance with applicable local ordinances.
   (B)   Eating and drinking services.
      (1)   Bar, tavern, and entertainment venues.
         (a)   Bars, taverns, and entertainment venues shall not be located within 500 feet of a residential structure or park, unless permitted as part of a live/work development.
         (b)   No such facility shall be located within 1,000 feet of an educational institution, school, or religious structure.
         (c)   Building(s) shall be located a minimum of 100 feet from any property line(s) that adjoins a residential zoning district. Otherwise, the building(s) shall conform to the requirements of the principal use for the district in which it is located.
         (d)   Additional temporary overflow parking of one space per 200 square feet of building area shall be required for bars or taverns providing dancing and/or live entertainment.
         (e)   The noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
         (f)   Any outdoor seating or area used as part of the establishment shall not obstruct the sidewalk and shall meet building setback requirements.
      (2)   Restaurant.
         (a)   Restaurants with drive-through service shall have a minimum queuing lane length to accommodate eight vehicles. The queuing lane shall not interfere with any required drive aisles or parking access.
         (b)   Any outdoor seating or area used as part of the establishment shall not obstruct the sidewalk and shall meet building setback requirements.
         (c)   No amplified noise shall be permitted outdoors when located within 500 feet of a residential use. Further, the noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
   (C)   Lodging services.
      (1)   Bed and breakfast.
         (a)   The operator of the bed and breakfast residence may be the owner of the dwelling or a resident manager, but shall occupy the dwelling as a principal residence;
         (b)   Guest stays shall be limited to 14 consecutive days;
         (c)   Meals may be provided to overnight guests only, and no cooking facilities may be provided in guest rooms; and
         (d)   Shall comply with all local and state regulations.
      (2)   Boarding house.
         (a)   The operator of the boarding house shall occupy the dwelling as a primary residence.
         (b)   Meals may be provided only for boarders and/or occupants of the premises, and no cooking facilities may be provided in guest rooms.
         (c)   The quarters utilized by boarders and/or occupants of the premises shall be in the principal residential structure.
      (3)   Homeless shelter.
         (a)   No such facility shall be located within 2,000 feet of another homeless shelter.
         (b)   Staff shall be provided on-site 24 hours a day during periods of operation and/or occupancy.
         (c)   The use shall be owned and managed by a charitable or benevolent operation qualifying for tax exemption under IRC § 501 or by a government entity.
         (d)   There shall be no compensation required for occupancy in the facility.
         (e)   There shall be a minimum of 50 square feet of sleeping space per person.
      (4)   Recreational campground.
         (a)   General requirements. In districts which permit such activities, the following shall apply:
            1.   There shall be no permanent structures, excluding picnic shelters, erected within any area deemed “flood zone”, “wetland”, or “conservation zone”.
            2.   Adequate restroom facilities must be provided for campers to maintain sanitary conditions, in accordance with the requirements of the county’s Health Department.
            3.   Installation and provision for water and sewage disposal shall be according to the standards of the county’s Department of Public Utilities and the county’s Health Department.
            4.   An emergency plan must be submitted and approved by the county’s Development Review Board along with the commercial site plan.
            5.   Staff shall be on-site or available 24 hours a day to all campers. This contact information shall be posted on-site.
            6.   A campground shall not be utilized as permanent residence.
            7.   The park owner shall keep all park owned facilities, spaces, improvements, equipment open space, recreational open space, and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of material which would constitute a fire hazard or would cause insect or rodent breeding and harborage. This includes providing receptacles for the disposal of trash.
            8.   Prohibited uses within any recreational campground park include:
               a.   Junk motor vehicles; and/or
               b.   Storage of recreational vehicles, cars, boats, lumber, or other construction materials.
         (b)   Recreational vehicle campground.
            1.   All parks shall have a gross land area of at least three acres.
            2.   Size of individual recreational vehicle space:
               a.   Minimum space size: 1,000 square feet; and
               b.   Minimum space width: 20 feet.
            3.   Recreational vehicles shall be separated from each other and from other structures by at least ten feet. No more than one recreational vehicle may be parked on any one space and shall not be permitted on lots other than those approved through these regulations.
            4.   A recreational open space area will be developed and maintained that shall be located for safe and convenient access to all campers and shall meet the following size requirements:
 
Gross Land Area (Acres)
Percentage of Recreational Open Space
3.00 - 6.00
7%
6.01 - 9.00
6%
> 9.01
5%
 
            5.   No recreational vehicle space within a park shall directly access a public right-of-way and such access shall be approved by NCDOT. Access to all campers and accessory structures within the campground shall be made using internal streets.
            6.   Internal streets shall have a minimum width of 15 feet and shall be compacted and layered with four inches of aggregate base course. Cul-de-sacs in a recreational vehicle park shall be limited to a maximum length of 500 feet and shall be provided with a permanent turnaround not less than 60 feet in diameter. All entrances in a recreational vehicle park shall be paved a minimum of 20 feet or to NCDOT standards, whichever is greater. Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground.
            7.   Each recreational vehicle space shall have off-street parking for one trailer and parking space for at least one car. Each space shall be sited so that the parking, loading, or maneuvering of a recreational vehicle shall not necessitate the use of any public right-of-way, sidewalk, or any private grounds not part of the park.
            8.   Tent camping shall also be allowed in such campgrounds.
         (c)   Primitive campground.
            1.   Travel trailers, RVs, or any other form of mobile shelters shall not be allowed in areas intended for primitive camping.
            2.   An adequate all weather access road must be provided in accordance with this chapter.
            3.   No provision of utilities or “hookups” shall be constructed on-site.
   (D)   Personal services.
      (1)   Massage and bodywork therapy practice, licensed. A copy of a license to perform massage and bodywork therapy, issued by the state, shall be submitted with the required site plan.
      (2)   Massage and bodywork therapy practice, unlicensed. This use shall be located not less than 2,000 feet from any religious structure, educational institution, daycare facility, or sexually oriented business permitted by this chapter, dwelling unit, or any area zoned for residential use. The measurement is to be taken from the exterior walls of the building containing the so regulated use and shall meet the measurement requirements in the north, south, east, and west directions.
   (E)   Recreational facilities and uses.
      (1)   Recreational facility.
         (a)   Adequate handicap accessible restroom and parking facilities shall be provided.
         (b)   When outdoor fields are proposed with a recreational facility, the use regulations for “athletic fields” shall be applicable, unless otherwise approved by the Board of Adjustment.
      (2)   Athletic fields, private. In cases where the requirements listed herein cannot be met, the applicant(s) may apply for a special use permit.
         (a)   Total project acreage shall not exceed 12 acres.
         (b)   Hours of operation are permitted as follows.
            1.   Monday through Friday hours are limited to 3:00 p.m. to dusk.
            2.   Saturday hours are limited to 9:00 a.m. to dusk.
            3.   Facility shall not be in operation on Sunday.
         (c)   No intercom, loudspeaker, or other similar items shall be permitted.
         (d)   No lighting shall be permitted.
         (e)   Adequate parking shall be provided so as not to interfere with the surrounding properties.
            1.   This shall prohibit the use of public right(s)-of-way for overflow parking.
            2.   Parking areas shall be graded and surfaced with crushed stone, gravel, or other suitable material with a minimum depth of six inches.
            3.   All handicapped accessible parking shall be paved.
            4.   No parking signs shall be posted along property line(s) adjacent to the public rights-of-way in accordance with NCDOT standards and shall be shown on the required site plan.
            5.   Parking spaces shall be a minimum of 50 feet from all residential structures.
         (f)   All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
         (g)   No outdoor recreational facilities, including fields, shall be permitted in required setback.
         (h)   Adequate handicap accessible restroom facilities shall be provided.
      (3)   Health and training center, outdoor. The requirements listed in this section for “athletic fields, private” shall be met, as applicable.
      (4)   Race track.
         (a)   The noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
         (b)   Adequate parking shall be provided so as not to interfere with the surrounding properties.
            1.   This shall prohibit the use of public right(s)-of-way for overflow parking.
            2.   No parking signs shall be posted along property line(s) adjacent to the public rights-of-way in accordance with NCDOT standards and shall be shown on the required site plan.
            3.   Parking spaces shall be a minimum of 50 feet from all residential structures.
         (c)   All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
         (d)   Adequate measures shall be taken, and demonstrated on required site plan, to ensure spectator safety, including, but not limited to, safety fencing.
         (e)   Structures or facilities for use by the general public and/or participants shall be constructed to the North Carolina State Building Code.
         (f)   Structures or facilities shall be constructed a minimum of 50 feet from any residentially zoned or used lot.
         (g)   Adequate, handicap accessible restroom facilities shall be provided.
      (5)   Recreational day camp.
         (a)   Swimming facilities shall be protected by a fence in accordance with the county’s regulations for swimming pools.
            1.   Facilities adjacent to a residential zoning or use shall be screened from view using techniques in § 153.158.
            2.   Indoor facilities shall be separated and secured from the rest of the facility.
         (b)   All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
         (c)   Structures or facilities shall be constructed a minimum of 50 feet from any residentially zoned or used lot.
         (d)   Adequate, handicap accessible restroom facilities shall be provided.
       (6)   Outdoor entertainment venue.
         (a)   A minimum property size of 20 acres shall be required for all outdoor entertainment venues.
         (b)   If the property does not have direct access to a state-maintained road, a private easement may be utilized for property access, subject to the following street construction standards:
            1.   The road surface shall be gravel, asphalt, or concrete. Gravel roads shall be constructed with six inches of compacted aggregate base course gravel.
            2.   The road shall be a minimum of 20 feet in width.
            3.   The road shall be graded to encourage adequate drainage, including a crown in the road and ditches to convey water.
         (c)   No outdoor events shall occur between 10:00 p.m. and 10:00 a.m.
         (d)   Any sale of alcohol shall be for on-site consumption and comply with all applicable state and local regulations.
         (e)   Designated performance and audience areas shall be identified on the required site plan.
         (f)   The venue shall provide traffic control personnel to ensure adequate ingress and egress for all events.
         (g)   Adequate restroom facilities shall be provided and identified on the required site plan. If no permanent restroom facilities are required by the North Carolina Building Code, sufficient temporary restroom facilities shall be provided on-site. An area for temporary restroom facilities shall be designated on the required site plan. Temporary restroom facilities shall be provided at a rate of one per 420 square feet of audience area.
         (h)   The use of fireworks and pyrotechnics shall comply with all local and state regulations.
         (i)   Adequate parking shall be provided so as not to interfere with the surrounding properties.
            1.   This shall hereby prohibit the use of public right(s)-of-way for overflow parking.
            2.   All parking areas shall be designated on the required site plan, and unpaved areas may be utilized for required parking. Unpaved parking areas shall be properly maintained to ensure the safety of pedestrians and motorists.
            3.   All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
            4.   No parking signs shall be posted along property line(s) adjacent to the public right(s) of way in accordance with NCDOT standards and shall be shown on the required site plan.
            5.   Adequate directional signage shall be installed to direct motorists to entrances, exists, and designated parking areas.
            6.   Parking areas shall be located a minimum of 100 feet from all adjacent properties.
            7.   Adequate lighting shall be provided for parking areas in accordance with § 153.156.
            8.   ADA compliant parking shall be paved and provided in accordance with all applicable ADA regulations.
         (j)   No outdoor entertainment activities shall be permitted within the required setback or within 300 feet of a residence, unless the residence is owned by the applicant or property owner of the outdoor entertainment venue.
       (7)   Firing ranges (indoor and outdoor). All land use defined as a firing range in § 153.021 shall adhere to the requirements and regulations set forth in this section and any other applicable section of this chapter. These requirements and regulations are not mandated for the occasional target practice by an individual on property owned or leased by the individual or the individual’s immediate family, nor is it mandated for private ranges utilized by public or private high schools, colleges, or universities and government owned and operated training or practice facilities.
         (a)   Special use/compliance requirements.
            1.   In no case shall a firing range, whether a primary or ancillary use, be exempted from obtaining the required special use permit.
            2.   When a firing range facility or use is changed, modified, or expanded to include additional or new types of ranges, operations, or activities not permitted or included in the most current special use approval or legal pre-existing status then the submittal of a site plan indicating the addition, modification, or change in operation of the firing range facility is required to be reviewed and receive Board of Adjustment approval prior to commencement of the change, modification, or expansion.
            3.   Facilities currently operating under the Sport Shooting Range Protection Act of 1997 shall comply with the current regulations and requirements of this chapter when the facility undergoes a change of use.
            4.   In addition to the county’s typical notification process of special use permits for outdoor firing ranges, the applicant(s) shall make notification to all property owners within one mile of the proposed facility. Such notification shall include the same information in the notification provided by the county. Proof of such notification shall be provided by the applicants, either by certified mail receipt, sworn statement, or evidence of publication of a half-page ad in a newspaper of local distribution. Request for special use approval of an indoor firing range shall follow the standard notification process conducted by the county’s Planning Department.
         (b)   Special use permit/site plan requirements. A completed special use application accompanied by a detailed site development plan must be submitted to the county’s Planning Department a minimum of 30 days prior to the scheduled hearing date. All site plans are required to be submitted and sealed by a certified engineer with range design experience or an accredited individual certified in range design. A verifiable history of engineering or range design experience and performance in this area must be supplied and accompany the site plan at time of submittal. Applications may be subject to a third-party review process and review fee as referenced in the county’s Fee Schedule. In order for the application and site plan to be considered complete, the site plan shall include all components necessary to comply with the range development standards for firing ranges as well as the following information:
            1.   Information regarding the type, action, and the highest caliber of firearms, explosive ordinance and/or device proposed to be utilized at the facility;
            2.   Details regarding how the facility will be designed to facilitate the use of the highest caliber firearm proposed, including details regarding how the public will be protected from projectiles from such firearms, in accordance with recommendations from the current edition of the NRA Range Source Book or other accredited range design publication;
            3.   Information detailing the style or type of targets that will be utilized at the facility. Information shall include target composition, stationary or mobile design, distance from firing line, and range location. All targets shall be used in conjunction with the manufacturers’ specifications for use;
            4.   Information regarding firing line type and construction design, firearm discharge positions, and firing techniques that will be utilized at the facility;
            5.   Details regarding how the facility will provide containment of projectiles and debris caused by the type of ammunition, targets, and activities to be utilized or occur on the site, entirely within the boundaries of such facility. The containment methods shall be in conjunction with recommendations for containment as referenced in the current edition of an accredited range design publication;
            6.   A firing range safety plan, including at a minimum, the following information, written in accordance with an accredited range design and operation publication. This plan shall be utilized during the planning, construction and operation of the facility:
               a.   Firearm or other weapon(s) handling rules;
               b.   General and specific firing range rules and regulations; and
               c.   Administrative rules and regulations.
            7.   Proposed hours and days of operation, which may be amended by the Board of Adjustment in the special interest of community safety, compatibility, and welfare;
            8.   Information regarding noise abatement design techniques that will ensure compliance with permissible noise level limitations specified in Chapter 92 of this code. The burden of proof that the proposed range facility meets and will not exceed the permissible noise level limitations of Chapter 92 of this code, shall rest with the applicant and/or property owner. All noise studies shall be performed by a professional engineer registered in the state or by a person with a degree in a discipline related to acoustics;
            9.   Outdoor ranges that will discharge projectiles that contain lead, shall supply an environmental stewardship plan prepared by a state registered engineer. The plan shall include semi-annual soil and water sampling, regular liming of the soil to prevent lead migration, reclamation and recycling of the lead and is compliant with the best management practices, specifically relating to lead management, as specified by the Environmental Protection Agency’s (EPA) most current edition of best management practices for lead at outdoor shooting ranges. Indoor ranges shall submit a similar plan that addresses the recovery and recycling of lead projectiles and the ventilation and other techniques utilized for hazardous material and contaminate removal;
            10.   Outdoor range site plans shall illustrate the location of all property lines, structures, and facilities located on the proposed site as well as adjoining properties. Site plans shall also illustrate the location of all streams, ponds, lakes, or other watercourses or wetlands located on the proposed site and adjoining properties. Noted illustrations shall include distances from the proposed firing lines as well as target lines and backstops; and/or
            11.   Site plans may include information and illustrations regarding shot fall zones, safety zones, buffers, baffles, and any other information or mitigation techniques that may address concerns over compatibility, property values, or the general welfare of the adjoining properties and the community at large.
         (c)   Range development general standards. All firing ranges shall meet the following performance and developmental standards.
            1.   Shot containment. All firing range facilities shall be designed and operated in a manner to contain all bullets, shot, arrows, or other projectiles or any other debris on the rage facility.
            2.   Exploding targets. The discharge of an explosive device shall only be utilized for the purpose of shot confirmation. This type of target system shall only be allowed when used in conjunction with manufacturers specifications for use. Any misuse of this type of target system which results in the creation and/or propulsion or shrapnel is strictly prohibited.
            3.   Noise mitigation. Noise generated from firing range facilities shall not escape the facility property or boundary lines at levels greater than 60 dBA when located adjacent to properties zoned or utilized for residential/agricultural use and 75 dBA when adjacent to properties zoned or utilized for commercial or industrial use as specified by Chapter 92 of this code. It shall be the responsibility of the firing range owner to mitigate and verify escaping noise levels.
            4.   Range orientation. Ranges shall be designed so that the direction of fire shall be parallel to or perpendicular to and away from the public right(s)-of-way or dedicated access easements. All outdoor ranges shall be developed in a manner to ensure that streams, ponds, lakes, or other watercourses or wetlands are not located between any firing line and target line with exception granted to skeet ranges utilizing steel shot ammunition.
            5.   Drainage and erosion control. The range and associated facilities shall be designed to keep storm runoff from the range site at a volume and velocity no greater than what existed prior to range development. Appropriate erosion control measures shall be designed and installed to maintain water quality and prevent contamination from stormwater runoff.
            6.   Warning signs. Warning signs meeting the National Rifle Association (NRA) guidelines for firing ranges shall be posted, spaced not more than 100 feet apart, along the property boundary lines of all outdoor ranges in which the facility is located. Signage shall announce the potential dangers and presence of an active range utilizing highly visible colors.
            7.   Parking. All required parking facilities shall be located to the rear of the firing line and shall adhere to § 153.152.
            8.   Structures. All structures and facilities shall adhere to all federal, state, and local regulations and code requirements.
            9.   Public access. All range facilities shall have access to an approved private or public street. Internal access to the facility shall be secured and controlled with ingress and egress permitted only during the approved operating hours of the facility.
            10.   Safety Officer. All range facilities open to the general public that allow the discharge of firearms shall provide an NRA Certified Range Safety Officer or an individual that possesses the knowledge, skills, and attitude essential to organizing, conducting, and supervising safe shooting activities and range operations. This safety official shall be located at the firing line to aide in the proper discharge and safe handling of all weapons any time live fire is being conducted.
            11.   Safety plans/range rules. Safety plans for the operation of the range shall be kept in the area of the firing line and made available upon request by the public or an inspecting agency. Rules and regulations regarding the operation of the range shall be posted in a manner to be visible to all participants of the facility.
            12.   Setbacks. All structures, facilities, and components of the firing range located on the range site shall conform to a minimum 50-foot setback from all property lines. This setback is intended as a developmental setback to assist in compatibility of adjacent land uses and not a designated safety boundary.
         (d)   Final site plan submittal.
            1.   Upon special use approval from the county’s Board of Adjustment, the property owner shall provide a certified site plan to the county’s Planning Department for compliance review. The site plan shall include a notation of all conditions that may have been placed on the development as approved by the Board of Adjustment as well as any other requirements found within this chapter.
            2.   Upon completion of the range facility, a certified final as-built plan shall be submitted to the county’s Planning Department prior to the final zoning compliance inspection.
         (e)   Annual zoning inspection. In order to ensure special use approval requirements and development standards are adhered to the county’s Planning Department shall perform an annual zoning compliance inspection on all approved firing range facilities. Zoning compliance inspections shall be performed and verified utilizing the certified final as-built plans for county approved firing range facilities. All approved facilities failing to comply with special use requirements or range development general standards shall be held in violation of this chapter. All facilities found to be in violation shall be subject to enforcement actions specified within this chapter in § 153.999.
         (f)   Existing and nonconforming firing range facilities. All existing and nonconforming firing range facilities shall be required to adhere to the following performance standards.
            1.   The facility shall be maintained in a manner that will contain all projectiles within the property boundary lines.
            2.   The facility shall not engage in any activity that causes an increase in the nonconformity of the nonconforming firing range.
            3.   The facility shall not increase the total amount of space devoted to the firing range facility.
            4.   Facilities shall not perform physical alteration of structures or placement of new structures that results in the increase of total area used in conjunction with the firing range facility and/or operations.
            5.   Minor repairs and routine property maintenance shall be permitted for all existing structures, berms, and safety devices.
            6.   Existing and/or nonconforming firing ranges shall not be allowed to detonate any explosive device with the exception of exploding targets utilized for target confirmation. The utilization of exploding targets shall adhere to the manufacturers’ specification for use and shall not be placed or contained in an object which will result in the release of shrapnel.
   (F)   Retail services.
      (1)   Convenience stores and convenience type business establishments.
         (a)   A maximum of 5,000 square feet of gross floor area shall be permitted.
         (b)   Area dedicated to the preparation and distribution of food for on-site consumption shall be limited to 25% of the total floor space.
         (c)   Any canopy, including those for provided for fuel servicing, shall be a minimum of 20 feet from adjacent right(s)-of-way.
      (2)   Flea markets, rummage, second hand sales, and activities, indoor. Indoor and outdoor facilities shall be subject to the following requirements:
         (a)   Preparation and sale of perishable foods shall be regulated by G.S. § 130A-247, G.S. § 130A-248, and T15A NCAC 18A .2600.
         (b)   Sale or trade of exotic, domestic, or farm animals shall be prohibited.
         (c)   Any outdoor display area shall comply with the regulations of § 153.160, as applicable, and in no case shall any items be left outdoors when the facility is not open for business.
         (d)   All buildings or structures shall be installed in accordance with the North Carolina State Building Code.
         (e)   All temporary articles of outdoor display, including but not limited to, fold- up tables, racks, tents, tarps, shelters, coverings of any type, or vehicles used, shall be removed from dusk to dawn.
         (f)   All outdoor flea markets shall be located on a minimum of ten acres of contiguous land.
      (3)   Retail sales. Any accessory display area shall comply with the requirements set forth in § 153.160 as applicable.
      (4)   Retail sales, outdoor.
         (a)   Any accessory display area shall comply with the requirements set forth in § 153.160 as applicable.
         (b)   Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
      (5)   Shopping center.
         (a)   All outparcels developed as part of a shopping center shall be accessed internally, via the permitted entrances for the shopping center itself.
         (b)   Provisions for delivery of goods shall be made so as not to interfere with customer access or parking.
         (c)   Sidewalks shall be a minimum of eight feet in width and shall be provided in a continuous internal manner, connecting all stores entrances included as part of the primary building and shall be distinguished from driveways or other elements used for vehicular access.
         (d)   Any accessory display area shall comply with the requirements set forth in § 153.160.
         (e)   Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
      (6)   Sexually-oriented business (adult bookstore, motion picture theater, nightclub). This use shall be located not less than 2,000 feet from any religious structure, educational institution, school, or any other sexually oriented business permitted by this chapter, dwelling unit, or any area zoned for residential use. The measurement is to be taken from the exterior walls of the building containing the so regulated use and shall meet the measurement requirements in the north, south, east, and west directions.
   (G)   Vehicle services.
      (1)   Automobile repair facility. Wherever the provisions of other sections of this chapter require a greater requirement (such as buffers, maintenance, setbacks, and the like) the provisions of such statute shall govern. The following standards shall be adhered to no later than November 15, 2005 by all property owners.
         (a)   Junked and inoperable motor vehicles and/or parts storage areas shall be screened from view from adjacent property and/or public or private right(s)-of-way. The screening shall be a minimum of six feet in height and shall consist of an opaque fence or continuous row of evergreen shrubs.
         (b)   Required fencing shall be designed to reasonably secure the area from unauthorized entry.
         (c)   All operations, equipment, inoperable motor vehicles, and/or junk shall be kept within required secure area at all times, unless in motion by transportation to and from the site.
         (d)   Maximum two inoperable or junked vehicles outside of secured area or enclosed building, unless otherwise specified, shall be permitted.
         (e)   Vehicles shall be stored in such a manner that all fire apparatuses and equipment can access all areas of the site at all times and shall be in accordance with all local, state, and federal regulations.
         (f)   Equipment, inoperable motor vehicles, parts, and/or junk shall not be located within the required front yard or buffer area.
         (g)   A minimum of 50% of the required parking for automobile repair facilities shall be surfaced with asphalt or concrete. All handicapped accessible parking and any parking located in the front yard shall be paved. Remaining parking areas, if not paved, shall be graded and surfaced with crushed stone, gravel, or other suitable material with a minimum depth of six inches. The areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way. Measures shall be taken to prevent damage to the environment.
         (h)   The operational area of existing facilities shall not be expanded, except in compliance with the provisions of this chapter.
         (i)   The sale of vehicles on premises shall be limited to four vehicles within any one-year period.
      (2)   Car wash.
         (a)   Accessory uses. Accessory uses, including, but not limited to, vacuum stations, shall be permitted within the required side and rear yards only.
         (b)   Manned car wash facilities. Parking requirements for manned car wash facilities shall be calculated using the minimum criteria included in the “Table of use types and regulations” found in § 153.105 (B) and shall not include bays in determining the minimum required parking spaces.
         (c)   Unmanned car wash facilities.
            1.   Parking requirements for unmanned car was facilities shall be calculated using the minimum criteria included in the “Table of use types and regulations”found in § 153.105(B) and shall include one parking space per bay.
            2.   A minimum 20-foot paved drive aisle shall be installed for all drive aisles required or necessitated by such use.
      (3)   Repossession storage facility.
         (a)   No sales, repair, or servicing of repossessed merchandise shall be permitted on-site.
         (b)   Loading and unloading of repossessed merchandise shall take place within required fencing or designated area on-site.
         (c)   Lighting shall be oriented so as not to project onto adjoining property or right(s)-of-way.
         (d)   Unusual sound emissions including, but not limited to, alarms, bells, buzzers, or the like shall be limited to daytime hours only. All alarms shall be silent during nighttime hours.
         (e)   Repossessed merchandise shall not be a health or safety nuisance, nor shall the area constitute a health or safety nuisance according to the county’s Department of Public Health.
         (f)   Repossessed merchandise shall be entirely concealed during all seasons of the year from public view from the right(s)-of-way and from adjoining property.
      (4)   Vehicle sales, leasing, and rental.
         (a)   In no case shall the display area be located within public or private right(s)-of-way or in required landscaping or buffer yards.
         (b)   A permanent sales office shall be located on the site of the sales lot.
         (c)   No vehicle shall be parked or stored as a source of parts.
         (d)   Vehicle sales, leasing or rental activities are prohibited within approved residential subdivisions.
(Ord. passed 10-17-2011; Res. passed 11-17-2014; Res. passed 10-19-2015; Res. passed 11-16-2020; Ord. 2023-21, passed 10-16-2023; Ord. 2024-15, passed 5-20-2024; Ord. 2024-31, passed 11-18-2024) Penalty, see § 153.999

§ 153.112 INDUSTRIAL USES.

   (A)   Alternative energy.
      (1)   Ethanol diesel and biofuel production.
         (a)   Storage tanks shall be located inside an above-ground containment area made of concrete that can hold 100% of the tank size located within it. The containment area may be constructed of other materials upon approval by the county’s Fire Code Official.
         (b)   Acceptable storage tank materials include aluminum, steel, fluorinated polyethylene, fluorinated polypropylene, Teflon, and other similar durable, noncorrosive materials. Copper, brass, lead, tin, and zinc are prohibited.
         (c)   Fuel shall be dispensed from either a gravity flow or vacuum flow pump.
         (d)   Facility and all accessory structures (storage tanks, buildings, and the like) shall be setback a minimum of 500 feet from the public right(s)-of-way and all property lines.
      (2)   Solar energy facility.
         (a)   Solar power electric generation structures shall not exceed 25 feet in height.
         (b)   Active solar structures shall meet the minimum setback for the zoning district in which it is located or be setback a minimum of 25 feet from all property lines or right(s)-of-way, whichever is greater.
         (c)   Applications for all solar energy facilities shall include a site plan with those items required elsewhere by this chapter, as well as the following:
            1.   Elevation drawings of all solar energy structures;
            2.   Location of all solar energy structures on the property; and
            3.   Distance of all solar energy structures to property lines.
         (d)   Applications for grid-intertie photovoltaic systems or facilities shall include evidence that the owner(s) or operator(s) has been approved by the appropriate utility company to install an interconnected customer-owned generator. Installation of systems or facilities shall not occur until this evidence has been supplied. Off-grid systems are exempt from this requirement.
         (e)   Electric components of solar structures shall have an Underwriters Laboratories (UL) listing.
         (f)   All photovoltaic systems shall comply with the most recent edition of the National Electrical Code.
         (g)   All solar structures shall be inspected by a County Building Inspector.
      (3)   Wind energy facility.
         (a)   Wind energy facility structures shall be setback from all property lines and public rights-of-way a distance equal to one linear foot for every foot of height of the highest structure that is part of the facility or the minimum setback for the zoning district in which it is located, whichever is greater.
         (b)   Shadow flicker at any occupied building on a nonparticipating property caused by a wind energy facility located within 2,500 feet of the occupied building shall not exceed 30 hours per year.
         (c)   The maximum height of wind turbines is 80 feet unless evidence is submitted otherwise showing approval for additional height from the county’s Fire Code Official.
         (d)   Attachment of structures for the collection of wind energy to a building of any kind shall be prohibited.
         (e)   Applications and/or site plans for wind energy facilities shall include the following items, in addition to those items required elsewhere by this chapter:
            1.   The approximate generating capacity of the facility;
            2.   The representative type and height of the wind turbines to be constructed, including dimensions, manufacturer, generator capacity per turbine, and a description of any ancillary facilities or structures;
            3.   An environmental assessment for wind energy facilities shall be provided for review by the county and the state clearinghouse for distribution. Certification of distribution of the environmental assessment shall also be provided;
            4.   Evidence of compliance with applicable FAA regulations;
            5.   Location of all wind turbines and wind energy collection related structures;
            6.   Access easement necessary for the use and maintenance of the facility and related structures;
            7.   The distance of wind turbines and wind energy collection related structures to the nearest property lines; and
            8.   Evidence that the owner(s) or operator(s) has been approved by the appropriate utility company to install an interconnected customer-owned generator. Such evidence shall be in the form of written verification that the plans have been reviewed, and if built to plans, the facility will be accepted by the utility company. Installation of systems or facilities shall not occur until this evidence has been supplied.
         (f)   All applications for wind energy facilities located within ten miles of a military base shall be forwarded for review to the applicable military department or consultant.
         (g)   The visual appearance of wind energy facilities shall, at a minimum:
            1.   Be a non-obtrusive color such as white, off-white, or gray;
            2.   Not be artificially lighted, except to the extent required by the FAA; and
            3.   Not display advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer, facility owner(s), and operator.
         (h)   Installation and design of a wind energy facility shall conform to the applicable industry standards, including those of the American National Standards Institute.
         (i)   Any onsite collector system shall, to the maximum extent possible, be placed underground.
         (j)   The noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department. Evidence of such shall be furnished with the application for a wind energy system.
         (k)   Decommissioning plans that describe the anticipated life of the facility, estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the facility will be decommissioned and the site restored to predevelopment conditions shall be required.
   (B)   Manufacturing.
      (1)   Manufacturing, fertilizer. Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
      (2)   Manufacturing, general.
         (a)   Any accessory display area shall comply with the requirements set forth in § 153.160 as applicable.
         (b)   Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
      (3)   Manufacturing, light. Subject to the following requirements:
 
Land Use
Maximum Lot Area
Agricultural and rural residential
No greater than 15 acres
Employment mixed use
No greater than 15 acres
Low density residential
No greater than 15 acres
Medium density residential
No greater than 15 acres
Protected areas, environmentally sensitive areas, compact mixed use, rural center
N/A
 
         (a)   All permitted uses, their constituent operations, and associated activities (except parking, loading, and domestic solid waste containment) shall be conducted totally within a building or buildings such that all yard spaces and grounds shall be kept clear and open.
         (b)   All manufacturing shall be of a nature and conducted in such a manner that there is no discharge of smoke or particle matter into the outside air.
         (c)   All manufacturing shall be of a nature and conducted in such a manner that there is no offensive odor or noise emitted and discernable at an adjacent property. Further, the noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
         (d)   Any accessory display area shall comply with the requirements set forth in § 153.160 as applicable.
         (e)   Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
   (C)   Warehousing and freight handling.
      (1)   Assembly, processing industries, wholesale, and warehouses.
         (a)   Any accessory display area shall comply with the requirements set forth in § 153.160 as applicable.
         (b)   Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
      (2)   Distribution center. Distribution centers shall meet the use regulations set forth in this section for “assembly, processing industries, wholesale, and warehouses” found in § 153.112(C)(1) above, as applicable.
      (3)   Storage, personal recreational vehicle and travel trailer. A personal travel trailer or recreational vehicle shall be parked or stored in the rear or side yard of the owner’s residential lot; provided that no living quarters shall be maintained, nor any business conducted therein while such recreational vehicle or travel trailer is so parked or stored (not subject to lot size requirements), unless otherwise specified within this chapter. This is intended as private, personal storage only and not for business purposes.
      (4)   Storage, self mini-warehouse. Subject to the following requirements:
         (a)   Maximum building height of 20 feet.
         (b)   A secured fence of at least six feet in height shall surround the perimeter of the storage facility.
         (c)   Adequate lighting shall be provided to illuminate the storage facility. 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.
         (d)   No outside storage shall be permitted except as provided below.
         (e)   Outdoor storage of boats, vehicles (including motorcycles), recreational vehicles, campers, equipment, materials, etc. in designated spaces shall meet the following requirements:
            1.   If outdoor storage space is proposed the area shall be designated as outdoor storage on the required site plan. Existing facilities expanding to include outdoor storage shall submit a revised site plan showing such, in accordance with the provisions of this chapter.
            2.   Area designated for outdoor storage shall not be visible from adjacent right(s)-of-way and shall install a Type D buffer along the exterior of the perimeter fencing.
            3.   If associated with a mini-storage facility that will have enclosed storage buildings, outdoor storage space(s) shall be located at the rear or side of the site.
            4.   No inoperable vehicles, or other items as listed above, shall be stored on-site unless on a towable trailer with the intent to transport in a timely manner.
         (f)   The storage of hazardous, toxic, or explosive substances shall be prohibited; and/or
         (g)   No business activity sales, service, or repair activities, other than rental of the storage units or spaces, shall be conducted within the storage facilities.
   (D)   Wholesale trade. Wholesale storage of gasoline or bulk terminal plants:
      (1)   No above ground storage tank shall be closer than 50 feet to any property line; and
      (2)   Uses shall be in conformity with the federal, state, and local regulations governing the storage of combustible fuels.
   (E)   Waste related.
      (1)   Recycling collection centers. All facilities shall be located in a side or rear yard.
      (2)   Solid waste disposal.
         (a)   Buffer. Required buffer shall meet the requirements of this chapter; however, the buffer shall be continuous and shall not be permitted to follow the spacing requirements.
         (b)   Location. Any structure shall be located at least 300 feet from any residentially zoned property line or 50 feet from all other property lines.
         (c)   Travel way surface. 
            1.   The main travel way and all active travel ways shall be surfaced in asphalt or concrete from, at a minimum, the right(s)-of-way to all structures located on-site.
            2.   All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
         (d)   Transfer stations. There shall be no outdoor storage of waste products, unless entirely enclosed in containers and storage bins that are durable, waterproof, rustproof, covered, and secure from unauthorized entry.
(Ord. passed 10-17-2011; Res. passed 3-21-2016; Res. passed 9-16-2019)

§ 153.113 UTILITY USES.

   (A)   Privately owned public utility structures. Structures and facilities that are installed by privately owned public utility systems, including, but not limited to, electric, telephone, gas, and cable distributing companies, for the purpose of supplying, extending, or enhancing service shall be a permitted use in all zoning districts, provided that any above ground structures or facilities does not create any enclosed area that can be wholly or partially occupied by an individual for any appreciable period of time, other than for the normal and customary construction, repair, and maintenance of such structure or facility.
      (1)   The above ground structure or facility, and any associated concrete slab, shall be required to meet the front, side, and rear yard setback requirements of the respective zoning districts.
      (2)   Towers, where permitted, shall meet the requirements of the respective zoning districts.
      (3)   A special use permit shall be required for such use if the structure is 600 square feet or larger or if it is located within the Conservation Zoning District, regardless of the size of the structure.
   (B)   Public utility structures.
      (1)   The above ground structure or facility, and any associated concrete slab, shall be required to meet the front, side, and rear yard setback requirements of the respective zoning districts.
      (2)   Towers, where permitted, shall meet the requirements of the respective zoning districts.
      (3)   Structures above ground, installed as part of a public utility system, less than one acre of area shall be exempt from the requirements listed in § 153.158.
(Ord. passed 10-17-2011; Res. passed 11-16-2020)

§ 153.114 TEMPORARY USES.

   All temporary uses shall obtain a temporary land use and zoning permit, except modular classrooms. Modular classrooms shall obtain a land use and zoning permit as required for other uses regulated by the chapter.
   (A)   Modular classrooms. Modular classrooms shall have underpinning consisting of a brick curtain wall or have galvanized metal sheeting, or ABS, or PVC plastic color skirting within interlocking edges, installed around the perimeter of the structure. Skirting shall be consistent in appearance, in good condition, continuous, permanent, and unpierced except for ventilation and access.
   (B)   Nonresidential building, temporary. Temporary buildings used for nonresidential purposes may be located in any zoning district, but only if they are temporary uses such as construction field offices, construction supplies, and equipment storage or temporary offices. Temporary land use and zoning permits and building permits for such uses shall be obtained from the appropriate administrative officials and shall be renewed every 180 days for a period not to exceed one year. Manufactured homes shall not be converted into storage buildings.
   (C)   Portable food sales. 
      (1)   Portable food sales establishments shall be permitted on a temporary basis of 120 days per any 12-month period, unless otherwise permitted by the Department of Public Health. In cases where the Department of Public Health issues a permit for a shorter period of time, this period shall apply for purposes of this chapter. A temporary land use and zoning permit shall be required.
      (2)   Applications for portable food sales shall include a copy of the required permit from the county’s Health Department.
      (3)   In addition to the minor site plan requirements elsewhere in this chapter, facilities located on improved sites shall provide evidence that the existing parking is adequate to serve the existing facility, minus those spaces used for location of the facility, as well as serve the proposed facility itself.
      (4)   Tables shall be allowed on existing, improved sites, only where evidence has been shown that there is adequate parking to serve such, in addition to the parking already required for the facility, and shall be permanently, or semi-permanently, anchored to the ground.
      (5)   All food or beverages sold from such a facility shall be ready for consumption.
      (6)   No consumption of food or beverages shall take place within the food preparation facility.
   (D)   Residence, temporary.
      (1)   Where applicable, a temporary residence shall be permitted for a period of 180 days, renewable for an additional 30 days from staff, or longer as approved by the Board of Adjustment, when an existing or proposed primary or secondary residence, located on the same lot, is deemed uninhabitable due to renovation or construction. Recreational vehicles (RVs) shall be allowed as a temporary residence.
      (2)   The temporary residence shall receive a temporary land use and zoning permit.
      (3)   Temporary residences shall be located in the required side or rear yard.
   (E)   Roadside stands.
      (1)   Sales shall be limited to that of agricultural products grown or produced on the same premises.
      (2)   Such sales shall operate for a maximum of 45 days per season in which products are grown or produced.
   (F)   Seasonal sales.
      (1)   Seasonal sales facilities shall be located on a minor collector road or greater, as identified by NCDOT.
      (2)   In no case shall the construction of a building or permanent structure be permitted as part of the use.
      (3)   In no case shall a recreational vehicle be used as part of this facility.
      (4)   Such sales shall operate for a maximum of 90 days per calendar year.
   (G)   Temporary events.
      (1)   Temporary events shall be permitted on a temporary basis of 15 days per any 12-month period. A temporary land use and zoning permit shall be required.
      (2)   Applications shall include a copy of the required permit from the county’s Department of Public Health.
      (3)   In addition to the minor site plan requirements elsewhere in this chapter, facilities located on improved sites shall provide evidence that the existing parking is adequate to serve the existing facility, minus those spaces used for location of the facility, as well as serve the proposed facility itself.
      (4)   The use of public right(s)-of-way for overflow parking or any other purpose shall be prohibited.
      (5)   All required building inspections shall be completed in accordance with the North Carolina State Building Code.
   (H)   Turkey shoot, temporary/seasonal.
      (1)   Applicant shall obtain a temporary land use and zoning permit and provide a minor site plan at the time of application. The temporary land use and zoning permit shall be made available and easily accessible throughout the duration of the period for which the turkey shoot is permitted.
      (2)   All turkey shoots shall be established with the line of fire perpendicular to and away from the right(s)-of-way.
      (3)   No turkey shoot shall be permitted within the required setback.
      (4)   Structures or facilities shall be constructed a minimum of 100 feet from any residential structure, except for the residential structure used by the owner(s)/operator(s).
      (5)   All backstops shall be constructed of a material that will allow the shot to penetrate and not pass through. It shall be a minimum thickness of two feet and maintained at a height of four feet above the target.
      (6)   Adequate, handicap accessible restroom and parking facilities shall be provided.
      (7)   Adequate parking shall be provided so as not to interfere with the surrounding properties. All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s)-of-way.
         (a)   This shall prohibit the use of public right(s)-of-way for overflow parking.
         (b)   Parking spaces shall be a minimum of 50 feet from all residential structures.
      (8)   A safety zone shall be designated from the firing line to and including the edge of the installed backstop at a ten degree angle. The safety zone shall be easily identified in order to be recognized by participants and to prohibit entry during the event.
      (9)   The greatest allowable caliber firearm used shall be a 12 gauge and the greatest allowable shot size shall be seven and one-half.
      (10)   Structures or facilities for use by the general public and/or participants shall be constructed to the North Carolina State Building Code.
      (11)   Turkey shoots shall be permitted for a period of time not to exceed 180 days in a given year.
      (12)   The amount of noise generated shall not disrupt the activities of the adjacent land uses. The noise emitted from such facility shall be in compliance with the applicable regulations of the county’s Sheriff’s Department.
   (I)   Yard sale.
      (1)   There shall be a maximum of two sales, not to exceed two days per sale, per calendar year on any one lot.
      (2)   All yard sales shall take place on an improved lot.
      (3)   Any signs advertising such yard sale shall be removed at the conclusion of the sale.
(Ord. passed 10-17-2011; Res. passed 6-18-2012)

§ 153.115 OTHER USES.

   (A)   Airports and related uses.
      (1)   Within the Industrial Zoning District, publicly owned airports shall be a permitted use and privately owned airports, whether for public or private use, shall require a special use permit.
      (2)   A development plan shall be submitted with the initial application for an airport or at any time that proposed development varies significantly from the existing development plan. The development plan shall follow the requirements set forth in § 153.066.
      (3)   The minimum setback for airport related structures shall be 15 feet from all perimeter property lines.
   (B)   Communications tower (microwave, tv, telephone, radio, and cellular).
      (1)   Exempt facilities. The following items are exempt from the provisions of this section; notwithstanding any other provisions of this chapter:
         (a)   Any tower less than 50 feet in height or communications towers existing or permitted prior to the adoption of this chapter;
         (b)   Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential zoning districts and two meters or less in all other zoning districts;
         (c)   A government-owned communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the county designee; except that such facility shall comply with all federal and state requirements. No communications facility shall be exempt from the provisions of this division (B)(1) beyond the duration of the state of emergency;
         (d)   A government-owned communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety;
         (e)   A temporary, commercial communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the county and approved by the county; except that such facility shall comply with all federal and state requirements. The communications facility may be exempt from the provisions of this division (B)(1) up to three months after the duration of the state of emergency; and/or
         (f)   A temporary, commercial communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the county, except that such facility shall comply with all federal and state requirements. The communications facility may be exempt from the provisions of this division (B)(1) up to one week after the duration of the special event.
      (2)   General provisions.
         (a)   Application of this section. This section shall apply to the development activities including installation, construction, or modification of all antenna and tower facilities including, but not limited to:
            1.   Non-commercial, amateur radio station antennas;
            2.   Existing towers;
            3.   Proposed towers;
            4.    Public towers;
            5.    Mitigation of towers;
            6.    Co-location on existing towers;
            7.    Attached wireless communications facilities;
            8.    Concealed wireless communications facilities;
            9.    Non-concealed towers; and/or
            10.    Broadcast facilities.
         (b)   Abandonment (discontinued use).
            1.   Towers, antennas, and the equipment compound shall be removed, at the owner’s expense, within 180 days of cessation of use, unless the abandonment is associated with mitigation as provided in divisions (B)(5)(e) and (B)(5)(f) below, in which case the removal shall occur within 90 days of cessation of use.
            2.   An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The county may extend the time for removal or reactivation up to 60 additional days upon a showing of good cause. If the tower or antenna is not removed within this time, the county may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the county may cause removal of the tower with costs being borne by the owner.
            3.   Upon removal of the tower, antenna, and equipment compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal, excluding the foundation, which does not have to be removed.
         (c)   Interference with public safety communications. In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each owner of an antenna, antenna array or applicant for a co-location shall agree in a written statement to the following:
            1.   Compliance with good engineering practices, as defined by the FCC in its rules and regulations;
            2.   Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI);
            3.   In the case of an application for co-located telecommunications facilities, the applicant, together with the owner of the subject site, shall use its best efforts to provide a composite analysis of all users of the site to determine that the applicant’s proposed facilities will not cause radio frequency interference with the county’s public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference; and/or
            4.   Whenever the county has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more antenna arrays, the following steps shall be taken.
               a.   The county shall provide notification to all wireless service providers operating in the county of possible interference with the public safety communications equipment, and upon such notifications, the owners shall use their best efforts to cooperate and coordinate with the county and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety Best Practices Guide, released by the FCC, including the good engineering practices, as may be amended or revised by the FCC from time to time.
               b.   If any equipment owner fails to cooperate with the county in complying with the owner’s obligations under this section or if the FCC makes a determination of radio frequency interference with the county public safety communications equipment, the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the county for all costs associated with ascertaining and resolving the interference, including, but not limited to, any engineering studies obtained by the county to determine the source of the interference. For the purposes of this division (B)(2)(c)4.b., failure to cooperate shall include failure to initiate any response or action as described in Best Practices Guide within 24 hours of county’s notification.
      (3)   Antennas, towers, and associated equipment.
         (a)   Building code requirements. Towers shall be constructed and maintained in conformance with all applicable building code requirements.
         (b)   Locating alternatives order.
            1.   Locating alternatives order of new antenna array and new towers. 
               a.   Location of a new antenna array and new tower shall be in accordance with the following preferred locating alternatives order.
               b.   Location on publicly-owned property shall be preferred over location on non publicly-owned property for each locating alternative:
                  i.   Concealed attached antenna;
                  ii.   Co-located or combined antenna on existing tower;
                  iii.   Non-concealed attached antenna;
                  iv.   Mitigation of existing tower;
                  v.   Concealed freestanding tower; and
                  vi.   Non-concealed freestanding tower.
            2.   Locating alternatives order of attached, co-located, and combined antenna. For attached, co-located, or combined antenna, the order of ranking preference, highest to lowest, shall follow the same ranking as provided in divisions (B)(3)(b)1.a. through (B)(3)(b)1.d. above. Where a lower ranked alternative is proposed, the applicant shall file relevant information as required including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed communications facility.
            3.   Locating alternatives order of mitigation and freestanding towers. Where a mitigated or freestanding tower is permitted the order of ranking preference from highest to lowest shall follow the same ranking as provided in divisions (B)(3)(b)1.d. through (B)(3)(b)1.f. above. Where a lower ranked alternative is proposed, the applicant shall file relevant information as required and demonstrate higher ranked options are not technically feasible, practical, or justified given the location of the proposed communications facility, and the existing land uses of the subject and surrounding properties within 300 feet of the subject property.
         (c)   Facility use regulations and required permits. New antennas and towers shall be permitted in the county according to the table below.
Zoning District
Concealed Attached Antenna
Co-Located or Combining on Existing Tower
Non-concealed Attached Antenna*
Mitigation of Existing Tower
Concealed Freestanding Tower
Non-concealed Freestanding Tower
Antenna Element Replacement
Zoning District
Concealed Attached Antenna
Co-Located or Combining on Existing Tower
Non-concealed Attached Antenna*
Mitigation of Existing Tower
Concealed Freestanding Tower
Non-concealed Freestanding Tower
Antenna Element Replacement
COMM
Level II
Level II
Level II
Level II and III
Level II
Level III and IV
Level II
CONS
Level II
Level II
Level II
Level II and III
Level II
Level III
Level II
HCO/MCO
Level II
Level II
Level II
Level II and III
Level II
Level II
Height Control Ordinance
Level II
Level II
Level II
Level II and III
Level II
Level II
IND
Level II
Level II
Level II
Level II and III
Level II
Level III and IV
Level II
LI
Level II
Level II
Level II
Level II and III
Level II
Level III and IV
Level II
O&I
Level II
Level II
Level II
Level II and III
Level II
Level II
RA-20M
Level II
Level II
Level II
Level II and III
Level II
Level II
RA-20R
Level II
Level II
Level II
Level II and III
Level II
Level II
RA-30
Level II
Level II
Level II
Level II and III
Level II
Level II
RA-40
Level II
Level II
Level II
Level II and III
Level II
Level II
Note: Level I towers are permitted in all zoning districts.
*Non-concealed attached antennas are only allowed on transmission towers and light stanchions.
 
      (4)   Permit (Level I) amateur radio towers.
         (a)   Application requirements. All permit (Level I) applications shall contain the following:
            1.   Completion of the communications tower permit application;
            2.   Application fee;
            3.   Site plan; and
            4.   Valid FCC amateur operator’s license.
         (b)   Tower height. Tower height and location shall comply with federal and state law. Towers shall not exceed 199 feet unless FCC approval is demonstrated.
         (c)   Setbacks. A distance equal to the height of the tower shall separate new amateur radio towers from all structures not located on the same parcel as the tower, property lines, right-of-way lines and/or easements. Any relocation of amateur radio towers shall remain on same parcel and shall comply with stated setback requirements, or, if compliance is not possible, the relocation shall not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower.
      (5)   Permit (Level II) co-location, combination, attachment, antenna element replacement, replacement towers, and concealed towers.
         (a)   Application requirements. All permit (Level II) applications shall contain the following:
            1.   Completion of the communications tower permit application;
            2.   Application fee; and
            3.   Site plan.
         (b)   Co-location and combination. The county requires co-location and combining of antennas on existing communications towers as a first priority where co-location is possible. Any person, corporation, partnership, or other entity which intends to co-locate on an existing communications tower within the jurisdiction of this chapter shall obtain a permit (Level II). Co-locations are subject to the following:
            1.   A co-located or combined antenna or antenna array shall not exceed the maximum height prescribed in the special use permit (if applicable) or increase the height of an existing tower by more than 20 feet and shall not affect any tower lighting;
            2.   New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area;
            3.   The equipment cabinet shall be subject to the setback requirements of the underlying zoning district;
            4.   When a co-located or combined antenna is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail; and/or
            5.   Applications entitled to the streamlined processes described in G.S. Chapter 160D shall meet all the following requirements:
               a.   The additional antenna array, transmission lines, and related ancillary equipment including the base station do not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the tower upon which it is being attached;
               b.   The proposed co-location shall not increase the existing vertical height of the tower by the greater of:
                  i.   More than 10%; or
                  ii.   The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
               c.   The co-location shall not increase the ground space area approved in the communications tower site plan for equipment enclosures and ancillary facilities by more than 2,500 square feet;
               d.   The existing tower on which the co-location will attach shall comply with applicable regulations, restrictions, and/or conditions, if any, applied to the initial wireless facilities placed on the tower;
               e.   The proposed additional co-location and tower shall comply with all federal, state, and local safety requirements;
               f.   The proposed co-location and ancillary equipment shall not exceed the applicable weight limits for the tower; and/or
               g.   Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, the proposed co-location shall not add an appurtenance to the body of a tower or wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of:
                  i.   More than 20 feet; or
                  ii.   More than the width of the wireless support structure at the level of the appurtenance.
         (c)   Concealed and non-concealed attachment. Antennas may be mounted onto a structure which is not primarily constructed for the purpose of holding attachment antennas but on which one or more antennas may be mounted. Any person, corporation, partnership, or other entity which intends to place an antenna on an alternative structure within the jurisdiction of this chapter shall obtain a permit (Level II). Attached antenna shall be subject to the following:
            1.   The top of the attached antenna shall not be more than 20 feet above the existing or proposed building or structure;
            2.   Non-concealed attachments shall only be allowed on electrical transmission towers and existing light stanchions subject to approval by the Planning Department and utility company;
            3.   When an attached antenna is to be located on a nonconforming building or structure, the existing permitted nonconforming setback shall prevail; and/or
            4.   Except for non-concealed attached antennas, feed lines and antennas shall be designed to architecturally match the facade, roof, wall, and/or structure on which they are affixed so that they blend with the existing structural design, color, and texture.
         (d)   Antenna element replacement. For any replacement of an existing antenna element on an antenna, the applicant shall, prior to making such modifications, submit the following:
            1.   A written statement setting forth the reasons for the modification;
            2.   A description of the proposed modifications to the antenna, including modifications to antenna element design, type, and number, as well as changes in the number and/or size of any feed lines, from the base of the equipment cabinet to such antenna elements;
            3.   A signed statement from a qualified person, together with their qualifications, shall be included representing the tower’s owner or owner’s agent that the radio frequency emissions comply with FCC standards for such emissions. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards; and
            4.   A stamped or sealed structural analysis of the existing structure prepared by a professional state land surveyor or engineer indicating that the existing tower as well as all existing and proposed appurtenances meet the North Carolina State Building Code requirements, including wind loading, for the tower.
         (e)   Minimum mitigation accomplishments. Mitigation shall accomplish a minimum of one of the following:
            1.   Reduce the number of towers;
            2.   Reduce the number of nonconforming towers; or
            3.   Replace an existing tower with a new tower to improve network functionality resulting in compliance with this chapter.
         (f)   Mitigation requirements. Mitigation is subject to the following:
            1.   No tower shall be mitigated more than one time;
            2.   Height: Level II and Level III:
               a.   Level II. The height of a tower approved for mitigation shall not exceed 115% of the height of the tallest tower that is being mitigated (e.g., a 250-foot existing tower could be rebuilt at 287.5 feet); or
               b.   Level III. The height of a tower may exceed 115% of the height of the tallest tower that is being mitigated approved for mitigation with undisputable evidence that the new tower will eliminate the need for an additional antenna array within a distance of two miles. Under no circumstance shall any mitigated tower exceed a height of 300 feet.
            3.   Setbacks. A new tower approved for mitigation of an existing tower shall not be required to meet new setback standards so long as the new tower and its equipment compound are no closer to any property lines or dwelling units as the tower and equipment compound being mitigated. The intent is to encourage the mitigation process, not penalize the tower owner for the change out of the old facility (e.g., if a new tower is replacing an old tower, the new tower is permitted to have the same setbacks as the tower being removed, even if the old tower had nonconforming setbacks);
            4.   Breakpoint technology. A newly mitigated monopole or lattice tower shall use breakpoint technology in the design of the replacement facility;
            5.   Buffers. At the time of mitigation, the tower equipment compound shall be brought into compliance with any applicable buffer requirements; and/or
            6.   Visibility. Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots.
         (g)   Concealed towers.
            1.   Application requirements. All new communications towers intended to replace an existing tower where the new tower meets the following requirements:
               a.   Completion of the communications tower permit application;
               b.   Application fee; and
               c.   Site plan.
            2.   Determination of need. No new or mitigated freestanding tower shall be permitted unless the applicant demonstrates that no existing tower can accommodate the applicant’s proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed tower.
            3.   Height. New concealed towers shall be limited to 199 feet or less in height. In HCO zones the maximum height shall be 125 feet. Height calculations shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas.
            4.   Setbacks. New freestanding towers and equipment compounds shall be subject to the setbacks described below for breakpoint technology:
               a.   If the tower has been constructed using breakpoint design technology (see § 153.023), the minimum setback distance shall be equal to 110% of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. Certification by a professional state land surveyor or engineer of the breakpoint design and the design’s fall radius shall be provided together with the other information required herein from an applicant (e.g., on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110% of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum side or rear yard setback requirements for that zoning district); and/or
               b.   If the tower is not constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed tower.
            5.   Equipment cabinets. Cabinets shall not be visible from pedestrian and right-of-way views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
            6.   Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts, and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening may be approved through the site plan approval process described herein.
            7.   Signage. Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following:
               a.   The only signage that is permitted upon a tower, equipment cabinets, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable;
               b.   If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches, the following: “HIGH VOLTAGE - DANGER”; and/or
               c.   Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
            8.   Lighting. Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
               a.   Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA; and/or
               b.   Lights shall be oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.
            9.   Equipment Compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
            10.   Visibility. 
               a.   New towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.
               b.   New freestanding towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.
               c.   A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height of the tower. The applicant shall arrange to raise a colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 50 horizontal feet of the center of the proposed tower.
               d.   The applicant shall meet the following for the required balloon test:
                  i.   Applicant shall inform the Planning Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance;
                  ii.   The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven, but no more than 14, days in advance of the test date;
                  iii.   The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather during the balloon test; and
                  iv.   Re-advertisement will not be required if inclement weather occurs.
               e.   New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
               f.   In residential zoning districts, new towers shall only be permitted on lots whose principal use is not single-family residential, including schools, churches, synagogues, fire stations, parks, and other public property.
               g.   Towers shall be constructed to accommodate antenna arrays as follows:
                  i.   All freestanding towers up to 120 feet in height shall be engineered and constructed to accommodate no less than four antenna arrays;
                  ii.   All towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no less than five antenna arrays; and/or
                  iii.   All towers between 151 feet and taller shall be engineered and constructed to accommodate no less than six antenna arrays.
               h.   Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
      (6)   Permit (Level III) new non-concealed towers.
         (a)   Application requirements. All permit (Level III) applications shall contain the following:
            1.   Completion of the communications tower permit application;
            2.   Application fee; and
            3.   Site plan.
         (b)   Determination of need. No new or mitigated freestanding tower shall be permitted unless the applicant demonstrates that no existing tower can accommodate the applicant’s proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed tower.
         (c)   Height. Height calculations shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas. It is intended that all new non-broadcasting towers be 199 feet or less in height. However, should a tower be required in excess of 200 feet, under no circumstance shall any tower exceed 300 feet. All new towers in excess of 199 feet shall be subject to the following additional requirements:
            1.   Undisputable evidence that the antenna service area will be so substantially compromised that there would be a requirement of additional antenna array within a distance of two miles;
            2.   The tower shall be designed to allow for a future reduction of elevation to no more than 199 feet, or the replacement of the tower with a monopole type structure at such time as the wireless network had developed to the point that such heights can be justified; and/or
            3.   In HCO and MCO Zoning Districts, the maximum height shall be 125 feet.
         (d)   Setbacks. New freestanding towers and equipment compounds shall be subject to the setbacks described below for breakpoint technology.
            1.   If the tower is constructed using breakpoint design technology (see § 153.023), the minimum setback distance shall be equal to 110% of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. Certification by a registered professional state engineer of the breakpoint design and the design’s fall radius shall be provided together with the other information required herein from an applicant (e.g., on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110% of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum side or rear yard setback requirements for that zoning district).
            2.   If the tower is not constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed tower.
         (e)   Equipment cabinets. Cabinets shall not be visible from pedestrian and right-of-way views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
         (f)   Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts, and in any zoning district when the equipment compound adjoins a public right(s)-of-way.
         (g)   Signage. Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following:
            1.   The only signage that is permitted upon a tower, equipment cabinets, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable;
            2.   If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches, the following: “HIGH VOLTAGE - DANGER”; and/or
            3.   Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
         (h)   Lighting. Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following.
            1.   Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA.
            2.   Lights shall be oriented so as not to project directly onto surrounding property or rights-of-way consistent with FAA requirements.
         (i)   Equipment compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
         (j)   Visibility.
            1.   New towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.
            2.   New freestanding towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.
            3.   A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height of the tower. The applicant shall arrange to raise a colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 50 horizontal feet of the center of the proposed tower.
            4.   The applicant shall meet the following for the required balloon test:
               a.   Applicant shall inform the Planning Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance;
               b.   The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven, but no more than 14, days in advance of the test date;
               c.   The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather during the balloon test; and/or
               d.   Re-advertisement will not be required if inclement weather occurs.
            5.   New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
            6.   Towers shall be constructed to accommodate antenna arrays as follows:
               a.   All freestanding towers up to 120 feet in height shall be engineered and constructed to accommodate no less than four antenna arrays;
               b.   All towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no less than five antenna arrays; and/or
               c.   All towers between 151 feet and taller shall be engineered and constructed to accommodate no less than six antenna arrays.
            7.   Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
            8.   Freestanding non-concealed tower shall be limited to monopole type towers, unless the applicant demonstrates that such design is not feasible to accommodate the intended uses.
      (7)   Permit (Level IV) broadcast facilities.
         (a)   Application. All new broadcast towers shall meet the following requirements:
            1.   Completion of the communications tower permit application;
            2.   Application fee; and
            3.   Site plan.
         (b)   Determination of need. No new broadcast facilities shall be permitted unless the applicant demonstrates that no existing broadcast tower can accommodate the applicant’s proposed use.
         (c)   Height. Height for broadcast facilities shall be evaluated on a case by case basis. The determination of height contained in the applicant’s FCC Form 351/352 Construction Permit or application for construction permit and an FAA Determination of No Hazard (FAA Form 7460/2) shall be considered prima facie evidence of the tower height required for such broadcast facilities.
         (d)   Setbacks. New broadcast facilities and anchors shall be subject to the setbacks described below:
            1.   Minimum of 500 feet from any single-family dwelling unit on same lot; and/or
            2.   Minimum of one foot for every one foot of tower height from all adjacent lots of record.
         (e)   Equipment cabinets. Except for AM broadcast facilities, cabinets shall not be visible from pedestrian and right-of-way views.
         (f)   Fencing. All broadcast facility towers, AM antenna(s) towers, and guy anchors shall each be surrounded with an anti-climbing fence compliant with applicable FCC regulations.
         (g)   Buffer. AM broadcast facilities shall be exempt from the buffer requirements of this chapter.
         (h)   Signage. Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following.
            1.   The only signage that is permitted upon a tower, equipment cabinet, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.
            2.   If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches, the following: “HIGH VOLTAGE - DANGER”.
            3.   Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
         (i)   Lighting. Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
            1.   Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA;
            2.   Lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements; and/or
            3.   Any security lighting for on-ground facilities and equipment shall be in compliance with dark sky lighting standards as approved by the county.
         (j)   Equipment compound. The fenced in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
         (k)   Visibility. Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
      (8)   Application requirements.
         (a)   Requirements for co-location and attachment.
            1.   A signed statement from the tower owner or owner’s agent agreeing to allow the co-location of other wireless equipment on the proposed tower, if the structure is designed or capable of additional wireless equipment.
            2.   Compliance with American National Standards Institute (ANSI) standards for electromagnetic radiation: in order to protect the public from excessive exposure to electromagnetic radiation, the facility applicant shall certify through a written statement that the facility meets or exceeds current ANSI standards as adopted by the FCC.
            3.   Certification furnished by a registered professional state engineer that the structure has sufficient structural integrity to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure.
            4.   One original and two copies of a survey of the property completed by a professional state engineer showing all existing uses, structures, and improvements.
            5.   Any applicant for facilities under this section shall certify that such proposed facility shall comply with all applicable federal regulations regarding interference protection, including, but not limited to, federal regulations regarding adjacent channel receiver (blanket) overload and intermodulation distortion.
            6.   Streamlined process for co-location approvals are subject to the following.
               a.   A co-location application entitled to streamlined processing shall be reviewed by the county within 45 days of submission or within some other mutually agreed upon time frame. Approval or denial of the application shall be in writing and shall be postmarked to the applicant by the forty-fifth day from the date of receipt. Denials shall identify the deficiencies in the application which, if cured, would take the application complete.
               b.   Upon resubmitting of the revised site plan and paperwork the county shall follow the process identified in this section until all deficiencies identified are deemed cured.
               c.   If the county does not respond in writing to the applicant within the specified time frame detailed above, then the application shall be deemed approved.
               d.   Application entitled to the streamlined review process shall not be subject to design or placement requirement, or evidentiary hearing review.
         (b)   Requirements for mitigation and new Level II and III towers.
            1.   A report and supporting technical data shall be submitted, demonstrating the following:
               a.   All antenna attachments and co-locations, including all potentially useable cross country utility distribution towers and other elevated structures within the proposed service area and alternative antenna configurations have been examined, and found unacceptable;
               b.   Reasoning as to why existing facilities such as cross country utility distribution and other elevated structures are not acceptable alternatives to a new freestanding tower; and/or
               c.   Reasoning as to why the adequacy of alternative existing facilities or the mitigation of existing facilities are not acceptable in meeting the applicant’s need or the needs of service providers, indicating that no existing communications facility could accommodate the applicant’s proposed facility shall consist of any of the following:
                  i.   No existing towers located within the geographic area meet the applicant’s engineering requirements, and why;
                  ii.   Existing towers are not of sufficient height to meet the applicant’s engineering requirements, and cannot be mitigated to increase in height;
                  iii.   Existing towers do not have sufficient structural integrity to support the applicant’s proposed wireless communications facilities and related equipment, and the existing facility cannot be sufficiently improved; and/or
                  iv.   Other limiting factors that render existing wireless communications facilities unsuitable.
            2.   Technical data included in the report shall include certification by a professional state engineer or other qualified professional, which qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed tower, and accompanying maps and calculations demonstrating the need for the proposed tower;
            3.   Proof that a property and/or tower owner’s agent has appropriate authorization to act upon the owner’s behalf (if applicable);
            4.   Signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards;
            5.   A stamped or sealed structural analysis of the proposed tower prepared by a professional state engineer indicating the proposed and future loading capacity of the tower is compliant with EIA/TIA-222-G (as amended);
            6.   An affidavit by a radio frequency engineer demonstrating compliance with subsection division (B)(3)(b) above. If a lower ranking alternative is proposed the affidavit shall address why higher ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility;
            7.   Statement as to the potential visual and aesthetic impacts of the proposed tower and equipment on all adjacent residential zoning districts;
            8.   Written statement by a professional state land surveyor or engineer specifying the design structural failure modes of the proposed facility;
            9.   Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are permitted. Sound levels shall not exceed 70 decibels (70 db);
            10.   A map showing the designated search ring;
            11.   Materials detailing the locations of existing antenna and tower facilities to which the proposed antenna will be a handoff candidate; including latitude, longitude, and power levels of the proposed and existing antenna is required;
            12.   A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant’s radio frequency (RF) engineer that the proposed facility’s coverage or capacity potential cannot be achieved by any higher ranked alternative such as a concealed facility, attached facility, replacement facility, co-location, or new tower;
            13.   These documents are needed to justify a facility and to determine if the proposed location is the best suitable land use in the designated geographic area of the proposed facility;
            14.   One original and two copies of a survey of the property completed by a professional state land surveyor or engineer showing all existing uses, structures, and improvements;
            15.   Six sets (24 inches by 36 inches) of signed and sealed site plans shall include the following:
               a.   Name of project and date;
               b.   Deed book, and page and map book and page reference;
               c.   Scale, north arrow, and vicinity map;
               d.   Subject property information including zoning, watershed classification, percent coverage of lot to be impervious surface (if located in a designated watershed area);
               e.   Adjacent property information, including land owners, land uses, height of principal building, size of lots, zoning, and land use designation;
               f.   Tower elevations;
               g.   Landscape buffering plans;
               h.   Maximum height of the proposed tower and proposed and future mounting elevations of future antenna, including individual measurement of the base, the tower, and lightning rod;
               i.   One parking space is required for each tower development area. The space shall be provided within the leased area, or equipment compound, or the development area as defined on the site plan;
               j.   Location, classification, and size of all major public or private streets and rights-of-way;
               k.   Identify adjacent features within 500 feet of property boundary including driveways, public parking areas, pedestrian ways, trails, and any other pertinent features; and/or
               l.   Two reduced copies (eight and one-half inches by 11 inches), of the foregoing preliminary grading plans may be included on-site plans or separately submitted in equal quantities.
            16.   Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the subject property, together with a full legal description of the property;
            17.   List of adjacent property owners and keyed to the map. The list shall be from the most current ownership information supplied by the county’s Tax Department, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant’s ability;
            18.   Simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Planning Department including the facility types the applicant has considered and the impact on adjacent properties including:
               a.   Overall height;
               b.   Configuration;
               c.   Physical location;
               d.   Mass and scale;
               e.   Materials and color;
               f.   Illumination; and/or
               g.   Architectural design.
            19.   All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter;
            20.   A pre-application conference will be required for any new tower. The applicant shall demonstrate that the following notice was mailed (via certified mail) to all other wireless service providers licensed to provide service within the county as indicated on the list of wireless service providers provided by the county:
 
“Pursuant to the requirements of this Ordinance, applicant is hereby providing you with notice of our intent to meet with the County Staff in a pre-application conference to discuss the location of a free-standing wireless communications facility that would be located at _____ (physical address, latitude and longitude (NAD-83)). In general, we plan to construct a tower of _____ feet in height for the purpose of providing ______ (type of wireless service) ______. Please inform the County Staff if you have any desire for placing additional wireless facilities or equipment within two miles of our proposed tower. Please provide us with this information within twenty business days after the date of this letter. Your cooperation is sincerely appreciated.
 
                     Sincerely, (pre-application applicant, wireless provider)”
 
            21.   Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and “Objects Affecting Navigable Airspace”, if applicable.
         (c)   Requirements for new Level IV towers.
            1.   Technical data included in the report shall include the purpose of the proposed facility as described in the FCC construction permit application.
            2.   Proof that a property and/or tower owner’s agent has appropriate authorization to act upon the owner’s behalf, if applicable.
            3.   Signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards regarding interference to other radio services. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards regarding human exposure to RF energy.
            4.   A stamped or sealed structural analysis of the proposed tower prepared by a professional state land surveyor or engineer indicating the proposed and future loading capacity of the tower is compliant with EIA/TIA-222-G (as amended).
            5.   A written statement by a professional state land surveyor or engineer specifying the design structural failure modes of the proposed facility.
            6.   Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are permitted. Sound levels shall not exceed 70 decibels (70 db).
            7.   One original and two copies of a survey of the property completed by a professional state land surveyor or engineer showing all existing uses, structures, and improvements.
            8.   Six sets (24 inches by 36 inches) of signed and sealed site plans shall include the following:
               a.   Name of project and date;
               b.   Deed book, and page and map book and page reference;
               c.   Scale, north arrow, and vicinity map;
               d.   Subject property information including zoning, watershed classification, percent coverage of lot to be impervious surface (if located in a designated watershed area);
               e.   Adjacent property information including land owners, land uses, height of principal building, size of lots, and existing zoning and land use;
               f.   Landscape buffering plans;
               g.   Maximum height of the proposed tower and/or antenna, including individual measurements of the base, tower, and lightning rod;
               h.   One parking space is required for each tower development area. The space shall be provided within the leased area, or equipment compound, or the development area as defined on the site plan;
               i.   Location, classification, and size of all major public or private streets and rights-of-way;
               j.   Identify adjacent features within 500 feet of property boundary including driveways, public parking areas, pedestrian ways, trails, and any other pertinent features;
               k.   Two reduced copies (eight and one-half inches by 11 inches), of the foregoing preliminary grading plans may be included on-site plans or separately submitted in equal quantities; and/or
               l.   Structure elevations.
            9.   Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the subject property, together with a full legal description of the property.
            10.   List of property owners within 1,000 feet in residential zoning districts and 500 feet in all other zoning districts and keyed to the map. The list shall be from the most current ownership information supplied by the county’s Tax Department, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant’s ability.
            11.   A pre-application conference will be required for any new broadcast facility.
            12.   Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and “Objects Affecting Navigable Airspace”, if applicable.
   (C)   Firearm certification facilities. All firearms certification facilities not operating or located on an approved firing range are required to obtain special use approval from the county’s Board of Adjustment. All certification facilities that contain a firing range shall adhere to the following standards:
      (1)   The firearm certification facility’s firing range shall only be utilized for the purpose of displaying the practical skills necessary to obtain certification in this area of instruction. The display of practical skills involving firearms must be conducted in the presence of a certified firearms instructor;
      (2)   The firing range shall only be occupied by a maximum number of two students and one certified firearms instructor during the qualifying session of the certification process;
      (3)   The firing range utilized for qualification purposes shall be constructed to be in compliance with the following requirements:
         (a)   The range backstop shall be constructed in a manner to contain projectiles without risk of ricochet or escape; and
         (b)   The range backstop or berm shall be constructed to a minimum height of ten feet.
      (4)   The firing range shall be located to the rear of any structure approved for occupancy that is located on the same parcel of property;
      (5)   The length of the range measured from the firing line to the backstop shall be no greater than 30 feet;
      (6)   The range shall be designed to establish the direction of fire to be parallel or perpendicular to and away from all public right(s)-of-way;
      (7)   Facilities and structures shall adhere to all federal, state and local regulations and code requirements; and/or
      (8)   The firing range shall be limited to the discharge of handguns only.
   (D)   Gunsmithing. Gunsmithing facilities operating in conjunction with and are located on an approved firing facility shall be deemed as a permitted accessory use and shall not be required to obtain a special use permit. All other gunsmithing activities and facilities shall be required to obtain a special use permit. All non-exempt gunsmithing facilities shall adhere to the following requirements:
      (1)   Gunsmithing facilities located within a residential structure shall not engage in the onsite display or sale of firearms.
      (2)   Facilities that will utilize a test fire vault or berm shall disclose this information on the Board of Adjustment application, site plan and be approved as part of the special use approval.
      (3)   Gunsmithing facilities shall only utilize a test fire berm for the purpose of verifying proper working order of an assembled or repaired firearm. Recreational or any other form of shooting is prohibited on a test fire berm.
      (4)   Facilities located within a residential subdivision shall only discharge a firearm within an
approved test fire vault. Outdoor test fire berms are prohibited when gunsmithing facilities are located within a residential subdivision.
      (5)   Outdoor test fire berms shall only be fired upon from a distance not greater than 25 feet. The direction of fire into the berm shall be away from all right(s)-of-way and inhabitable structures.
   (E)   Junkyard. The following provisions shall apply to existing and new junkyards. Wherever the provisions of other sections of this chapter require a greater requirement (such as buffers, maintenance, setbacks, and the like) the provisions of such statute shall govern. (The following standards shall be adhered to no later than November 15, 2005 by all property owners.)
The Following Minimum Standards Shall Be Adhered to:
New and Expanding Junkyards
Nonconforming Junkyards
The Following Minimum Standards Shall Be Adhered to:
New and Expanding Junkyards
Nonconforming Junkyards
All operations, equipment, junk, and/or inoperable motor vehicles shall be kept within the buffer at all times unless in motion by transportation to and from the site
X
Board of Adjustment conditions as set at time of approval
X
Buffer shall be adjusted in height to meet the required height requirement and to ensure maximum screening where the street grade is significantly higher than the required buffer and during all seasons of the year
X
X
Buffering plan shall be submitted in accordance with § 153.158
X
Fences shall be designed to reasonably secure the area from unauthorized entry
X
Junked motor vehicles and parts storage areas shall be screened from view from adjacent property and rights-of-way by the following (all requirements shall be met at time of installation and shall be a minimum six feet in height)
Opaque fence or row of continuous evergreen shrubs
Junked motor vehicles or parts shall not be stored in the front yard or in the required front yard setback
X
X
Junked motor vehicles shall not be stacked higher than the screening
X
X
Maximum of ten junked vehicles outside of automobile salvage yard or enclosed building, unless otherwise specified
Motor vehicles, parts, or other junked materials storage prohibited in setback
X
X
New automotive repair facilities that have junked motor vehicles and motor vehicles parts storage areas shall be screened from view from adjacent property and rights-of-way
Setback for equipment, junk, and/or inoperable motor vehicles from any adjoining property lot line
50 ft.
10 ft.
Setback from a school, residence, church, or place of public assembly existing at application approval (measured from the closest point of the operational area of the automobile salvage yard) (owner of the junkyard or automobile graveyard shall be exempt)
1,000 ft.
Setback from rights-of-way of any public or private street existing at application approval (property line shall be used if no right-of-way)
100 ft.
10 ft.
The operational area existing at the effective date of the chapter shall not be expanded, except in conformance with the provisions of this chapter
X
X
Vehicles shall be stored in such a manner that all fire apparatuses and equipment can ingress and egress all areas of the site at all times and be in accordance with all state and federal regulations
X
X
 
   (F)   Manufactured home park.
      (1)   General provisions.
         (a)   Standard requirements.
            1.   Locating manufactured homes.
               a.   Only one manufactured home shall be located on any manufactured home space at any one time.
               b.   No manufactured home shall be located or moved within the jurisdiction of the county without obtaining the proper permits required by local and/or state regulations.
            2.   Address/lot number. Each lot shall clearly display the approved number with a minimum of four inches in size and shall be composed of reflective materials of contrasting colors.
            3.   Mailboxes. The owner(s) shall install and maintain mailboxes in good condition to allow for postal delivery service for each resident, in accordance with local, state, and federal regulations.
            4.   Solid waste disposal. The park owner(s) will operate or provide for the operation of a solid waste disposal system, including providing park tenants with appropriate containers. Individual containers shall be waterproof and rodent-proof. The method of garbage disposal shall be noted on the plan and approved by the Board of Adjustment.
         (b)   Manufactured homes. All manufactured homes shall be properly anchored in accordance with the state regulations for manufactured homes. Additionally, all manufactured homes shall have the entire perimeter skirted at all times so as to enclose the space from the bottom of the manufactured home to grade.
         (c)   Improvements.
            1.   Street(s). Maintenance of all internal streets and corresponding drainage facilities shall be the responsibility of the owner(s) of the park. Such streets shall be maintained in a manner to remain free of potholes, breaks in pavement, rough surfaces, standing water, and associated problems which would impede or cause hazards to motor vehicles.
            2.   Ground cover. In order to control erosion, all land areas shall be protected by landscape material and vegetative ground cover.
            3.   Fence or wall. Fences or walls shall not be permitted unless approved as part of the park plan. This excludes one temporary pet containment area per manufactured home space. Pet containment areas shall not exceed 120 square feet and shall be made of suitable and durable materials intended for such use that are installed in a good workmanship manner.
         (d)   Additions and accessory structures.
            1.   Additions. No living compartment or structure other than that of a prefabricated structure specifically designed for manufactured home use or extension shall be added to any manufactured home parked within the jurisdiction of this chapter. This excludes front and rear uncovered porches and decks not exceeding 100 square feet.
            2.   Accessory building. One accessory building is permitted per manufactured home lot. Such building shall not exceed 120 square feet in size, shall be located in the rear yard, and shall be compatible to the principal dwelling in terms of exterior building material and color. Existing structures authorized by permit and structurally sound, prior to September 15, 2003 shall be allowed to remain. Refer to division (E)(2)(a)4. below for additional requirements.
            3.   Carports. Prefabricated structures without any foundation or footings and designed so as when the use for which the temporary structure was erected has ceased, the structure shall be removed in accordance with this chapter. Refer to § 153.115(F)(2) for additional requirements. Carports shall be properly anchored and shall be constructed of rigid materials that are compatible to the principal dwelling in terms of exterior building material and color.
         (e)   Recreational vehicles.
            1.   Park model recreational vehicles.
               a.   Parks with less than 20 spaces will be allowed one park model lot and parks with 20 or more spaces will be allowed two park model lots.
               b.   These lots are to be used for temporary living quarters for recreation, camping, travel, and seasonal use. The permit will be valid for one year and renewable by the Administrator or designee for one-year periods not to exceed three additional years.
            2.   Recreational vehicles (RVs). The following provisions shall apply to RVs, except as defined elsewhere in this chapter:
               a.   Park owner(s) shall be responsible for notifying Planning Department of intention to use park lots for recreational vehicles (RVs):
                  i.   Revised site plan shall be submitted for review and approval by Development Review Board, as required elsewhere in this chapter, prior to establishment of use; and/or
                  ii.   In addition to site plan requirements in § 153.064(D), site plan shall indicate park lots to be designated for this use.
               b.   Parks shall be permitted use of lots for RVs as follows:
                  i.   Parks with less than 20 lots shall not have more than one RV lot; and/or
                  ii.   Parks with 20 or more lots shall not have more than two RV lots.
               c.   RV lots shall not be established adjacent to right(s)-of-way;
               d.   No more than one recreational vehicle shall be permitted per park lot;
               e.   Address and lot number of park lots to be used for RVs shall be provided in a clearly visible location;
               f.   No additions, porches, decks, or the like shall be permitted on RV lots;
               g.   No permanent hardwiring, plumbing, skirting, or other installations of the same nature shall be permitted;
               h.   Nonconforming parks shall comply with division (E)(2) below, to the greatest extent possible, and shall meet applicable buffer requirements of this chapter prior to establishment of the use;
               i.   Manufactured home park inspection shall be performed prior to establishment of the use;
               j.   Park owner(s) shall be responsible for supplying utilities to park lots used for RVs, including water, electricity, waste collection, and solid waste removal:
                  i.   Installation and provision for water and sewage disposal shall be according to the standards of the county’s Department of Public Utilities and the county’s Health Department; and/or
                  ii.   Each lot designated for RV use shall have an electric service pole in compliance with the most recently published version of the National Electrical Code.
               k.   Section 153.045(B)(2) is not applicable.
         (f)   Prohibited uses and structures. No part of the park shall be used for nonresidential purposes, excluding facilities related to the maintenance of the park. The following uses and structures shall be prohibited within manufactured home parks:
            1.   The transfer of a manufactured home space or spaces either by sale or by any other means within a manufactured home park;
            2.   The storage of abandoned or junk vehicles;
            3.   The storage of uninhabitable manufactured homes;
            4.   Recreational vehicles (RVs) as a permanent residence; and
            5.   Storage of possessions and equipment under the manufactured home.
      (2)   Standards for new and altered manufactured home parks.
         (a)   Development standards.
            1.   Minimum park size. Every manufactured home park shall have a minimum area of five contiguous acres.
            2.   Minimum manufactured home lot size.
               a.   Six thousand square feet with both public water and sewer;
               b.   Ten thousand square feet with public water or sewer; and
               c.   Twenty thousand square feet no public water or sewer.
            3.   Maximum density.
               a.   Six units per acre; and
               b.   Refer to §§ 153.260 through 153.262 for impervious surface requirements.
            4.   Setbacks.
               a.   The manufactured home and accessory structures shall be located not less than 25 feet from the park boundary and at least ten feet from planting or landscape areas.
               b.   Each manufactured home shall be located not less than 30 feet from any other manufactured home.
               c.   Accessory structures shall be located not less than 10 feet from a manufactured home.
         (b)   Improvement standards.
            1.   Streets and access.
               a.   All streets shall be paved with a minimum pavement width of 18 feet and shall be located within a cleared right-of-way having a minimum width of 30 feet, except as otherwise required herein.
               b.   Streets connecting two public right(s)-of-way or extending to adjacent properties shall be built to the minimum construction standards required by NCDOT, including storm drainage facilities as required by the latter.
               c.   Cul-de-sac streets shall not exceed 1,000 feet in length.
               d.   All dead-end streets shall be developed as cul-de-sacs.
               e.   All street names shall be approved by the county’s E-911 Addressing Department.
               f.   Each manufactured home space shall abut upon an improved street which shall have unobstructed access to a public street.
               g.   No manufactured home space shall have direct vehicular access to any public right-of-way other than those located within the manufactured home park.
               h.   A letter of certification by a professional state engineer that the street meets NCDOT standards for the type of facilities installed and proper storm drainage facilities shall be required.
            2.   Off-street parking pad. Each manufactured home lot shall have two paved parking spaces with a minimum length of 22 feet and a minimum width of nine feet per space.
            3.   Sidewalks. Sidewalks shall be required along one side of all streets in accordance with § 153.153.
            4.   Lighting. Adequate lighting shall be provided to illuminate streets, common driveways, walkways, and dead-end streets for the safe movement of vehicles and pedestrians at night. The minimum size street light shall be a 175 watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet.
            5.   Open space and recreational facilities. 
               a.   Minimum of 8% of the gross area of the manufactured home park shall be dedicated open space and/or recreational open space facilities.
               b.   One percent of the gross area shall be used for improved recreational open space facilities.
               c.   No more than one-half of the open space area may be covered by water.
               d.   Dedicated open space and recreational open space facilities shall be reasonably accessible from all parts of the park, as determined by the Planning Board.
            6.   Utilities and storm drainage. Adequate water supply and distribution system, sewage disposal system, fire protection, and storm drainage shall be provided for all new and expanded manufactured home parks, in compliance with the provisions of this chapter.
         (c)   Additional standards.
            1.   Development in flood hazard areas. Manufactured home parks shall not be located in areas that are susceptible to regular flooding as depicted on the most recently published Federal Emergency Management Agency (FEMA) maps. Existing manufactured home parks located in designated flood hazard areas shall not be allowed to add additional spaces or manufactured homes. Manufactured home parks shall be graded so as to prevent water from ponding or accumulating on the premises.
            2.   Storage areas. Fenced and screened communal storage areas provided by the park owner(s) for boats, campers, and other accessory vehicles belonging to park residents only shall be permitted.
      (3)   Maintenance of park and facilities. The park owner(s) and occupants shall keep all park owned facilities, manufactured homes, manufactured home spaces, improvements, equipment, open space, recreational open space, and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of material which would constitute a fire hazard or would cause insect or rodent breeding and harborage.
      (4)   Termination and reduction in size of manufactured home parks.
         (a)   Termination. Termination of a manufactured home park shall be in accordance with the parameters set forth in this section. All expenses incurred shall be the responsibility of the park owner(s). The manufactured home park termination process shall be as follows.
            1.   Manufactured home park owner(s) shall remove, or cause to be removed, all manufactured homes and other structures from the park.
            2.   Park owner(s) shall submit a complete application to the county’s Planning Department.
            3.   Upon receipt of a complete application the Administrator, or his or her designee, shall perform an inspection of the manufactured home park. All other required inspections or reviews of other county, local, and state departments shall be the responsibility of the owner(s) to coordinate.
            4.   Following approvals of all required inspections, the manufactured home park shall be terminated and all required documentation shall be filed with the Planning Department.
         (b)   Reduction. Reduction in the size of a manufactured home park shall meet the requirements of this section. All expenses incurred shall be the responsibility of the park owner(s).
   (G)   Mining activities.
      (1)   Special use permit. No mining shall be commenced in the county’s zoning jurisdictions until a special use permit has been approved by the Board of Adjustment.
      (2)   Special use approval. Special use approval granted by the Board of Adjustment shall not become effective until a mining permit is issued by the state’s Department of Environment and Natural Resources, North Carolina Division of Land Resources (NCDENR), Land Quality Section, or successor agency.
      (3)   Permissible mining zones. Mining may occur in any county zoning district for which mining is listed as a special use subject to the terms and conditions of this section and § 153.061(H). In keeping with § 153.061(H), the following guidelines shall be used.
         (a)   The operation will not constitute a substantial physical hazard to a neighboring dwelling house, school, religious structure, hospital, commercial or industrial building, public street, or public property.
         (b)   The operation will not have a significantly adverse effect on the purposes of a publicly-owned park, forest, or recreational open space area.
      (4)   Special use permit expiration. A special use permit shall automatically expire if at any time after its issuance the state mining permit is revoked or terminated.
      (5)   Definitions. Definitions as listed in the state general statutes and the Mining Act of 1971, being G.S. §§ 74-46 et seq., both of the state and as amended, shall apply to this subsection.
      (6)   Permit application. Applicants for a special use permit shall submit to the county’s Planning Department two copies of all documents required by the state for a mining permit application, the reclamation plan, and any maps and charts accompanying these documents. These documents shall be reviewed by the county’s Board of Adjustment.
      (7)   Buffer and screening standards.
         (a)   A visual screen shall be established and maintained around that portion of the mining site that is being excavated or being used for the storage of minerals. Such screening is required only when such areas are visible at eye-level at ground elevation, at the time of permit issuance, from state-maintained right(s)-of-way, publicly-owned areas which have been maintained essentially in their natural state of vegetation, adjacent residences, and other buildings, but not including accessory buildings or properties. The screening shall meet the requirements of the “Type B; Option 2” buffer as stated in § 153.158(A)(8)(c)3. Only evergreen plantings shall be utilized to meet the requirements of this section. When excavated areas have been reclaimed in accordance with the following: the Mining Act of 1971, of the state and as amended being G.S. §§ 74-46 et seq., and Title 15, Chapter 5 of NCAC titled Environment and Natural Resources, required artificial screening may be removed.
         (b)   The visual screening requirements of the previous section may be exempted when:
            1.   The Planning Department determines that existing vegetative cover will fulfill these requirements. Such natural screening may consist of existing vegetative cover including, but not limited to, trees and shrubs, not less than 50% of which shall be evergreen. Screening may also consist of earthen berms or other artificial screens used individually or in combination with each other and existing vegetation to achieve a screening effect required by this section. Screening materials and vegetation may be located in required buffer areas. All berms and other artificial screens requiring extensive land disturbance shall comply with the state general statutes; and/or
            2.   It is determined that due to topographic, or other circumstances where, through no fault of the permittee, that the requirements of this section cannot be provided. In such case, an alternative plan shall be submitted to the Planning Department.
      (8)   Vibration standards. All mining activities in the county shall conform to the vibration policy adopted by the Land Quality Section of the North Carolina Department of Environment and Natural Resources (NCDENR).
      (9)   Nonconforming mining operations. Mining operations begun prior to the adoption of zoning at the location in which the mine is operating shall be allowed to continue as nonconforming uses after that date. Mining operations for purposes of this section are defined as those in operation or for which an application for a mining permit has been made to the state’s Department of Environment and Natural Resources.
   (H)   Planned unit development.
      (1)   Purpose. 
         (a)   It is recognized that only through ingenuity, imagination, and high quality design can planned unit developments be produced which are in keeping with the intent of this chapter while departing from the strict application of conventional use and dimensional requirements. This is done by allowing design flexibility and a mix of residential and nonresidential uses, and/or varying types of both residential and nonresidential uses. Coordination of such development with adequacy of public facilities while maintaining the rural and small town character of the county is a necessity in this type of development.
         (b)   The constructed and natural landmarks, and social and economic surroundings, are what cause someone to identify with a particular place or community. Characteristics of a location that make it readily recognizable as being unique and different from its surroundings, and providing a feeling of belonging to or being identified with that particular place warrant consideration when developing a planned unit development.
         (c)   The characteristics of different uses, activities, and/or designs allow them to both be located in proximity to and in harmony with one another through compatibility. Elements affecting compatibility include: height, scale, mass, and bulk of structures; pedestrian and vehicular traffic; vehicular circulation and access; landscaping; lighting; and mitigation of noise, odor, and air pollution. Compatibility is not intended to mean identical; rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development and harmony of the different uses within the proposal with one another.
         (d)   The intent of the planned unit development regulations of the county is to provide for minimum, conventional development regulations, while allowing a developer the flexibility to determine how to attain superior development through the criteria listed herein.
      (2)   Development criteria. Unless otherwise stated or outlined herein, all requirements of this chapter shall be met.
         (a)   Minimum development size. No PUD shall be approved for a site of less than ten contiguous acres under unified ownership or control.
         (b)   Minimum building setbacks. Unless specified and approved as part of the outline development plan, the minimum setback requirements of this chapter shall be met. The minimum building setback for all single-family development shall be five feet.
         (c)   Public utilities. Both public water and public sewer services shall be available to serve the proposed planned unit development. Capacity of both services shall be available at the time of approval. The applicant shall provide proposed water and sewer demands to the county’s Department of Public Utilities prior to submission of the special use permit application, and in compliance with the applicable provisions of § 153.155(A).
         (d)   Permissible uses.
            1.   Residential uses allowed within a PUD. 
               a.   Proposed planned unit developments primarily residential in use shall be allowed as a special use in the underlying residential zoning district(s) only. Permissible residential uses within a PUD include single-family detached dwellings, two-family duplexes, townhome dwellings, multifamily dwellings, and customary residential accessory uses and structures.
               b.   Commercial and other nonresidential uses allowed within a residential PUD shall be limited to those uses specified in the O&I and Commercial Zoning Districts.
            2.   Nonresidential uses allowed within a PUD. Proposed planned unit developments primarily nonresidential in use shall be allowed as a special use in the underlying nonresidential zoning district(s) only. Residential uses allowed within a nonresidential PUD shall be limited to those uses specified in the RA-20M Zoning District.
            3.   Development located within conservation zoning district. Any portion of a planned unit development located within a conservation zoning district shall be developed to the standards of this chapter and shall not be allowed the flexibility of this section.
            4.   Nonresidential development within a PUD. Nonresidential development within a PUD shall be arranged to:
               a.   Separate pedestrian and vehicular traffic such that pedestrians can safely walk between businesses within the planned unit development and from parking areas to businesses; and
               b.   Provide access from adjacent residential development into nonresidential development areas, whether or not the residential development is existing or is included as part of the nonresidential PUD.
      (3)   Design guidelines.
         (a)   Minimum dimensional and amenity requirements. This section describes additional regulations that shall be met for single-family, multifamily, and nonresidential uses within planned unit developments. The regulations shall be applied individually by the desired type of use and density per pod. The developer shall outline which method is intended as part of the application and shall provide a clear intent to seamlessly integrate differing requirements.
            1.   Single-family uses.
 
Open Space
Street Pavement Width
Cul-De-Sac Pavement Radius
Street Trees
Curb and Gutter
Sidewalks
≥ 20,000 sq. ft. minimum lots
10%
-
-
-
-
-
≥ 18,000 sq. ft. minimum lots
15%
-
-
-
-
-
≥ 15,000 sq. ft. minimum lots
20%
-
-
T
T
T
≥ 12,000 sq. ft. minimum lots
25%
29'
50'
T
T
T
≥ 9,000 sq. ft. minimum lots
30%
29'
50'
T
T
T
*As required by this chapter.
 
            2.   Multifamily uses.
 
Open Space
Street Pavement Width
Cul-De- Sac Pavement Radius
Street Trees
Curb and Gutter
Sidewalks
Rear Lot Parking Design
Access to Public Transportation
Location within EMU or CMU
≥ 9 units per acre
10%
-
-
-
T
T
-
-
-
≥ 12 units per acre
20%
-
-
-
T
T
-
-
-
≥ 15 units per acre
30%
29'
50'
T
T
T
-
-
-
≥ 18 units per acre
40%
29'
50'
T
T
T
T
T
T
≥ 21 units per acre
40%
29'
50'
T
T
T
T
T
T
 
            3.   Nonresidential uses. Nonresidential uses shall be incorporated within a residential planned unit development when located within the land use plan classifications of medium density residential compact mixed use, employment mixed use or rural center development nodes. Whether developed as a portion of a residential PUD or development of a nonresidential PUD, nonresidential uses shall meet the following criteria.
               a.   In order to facilitate innovative design of nonresidential areas, there shall be no minimum building setback when located adjacent to other nonresidential uses. However, the outline development plan shall outline all the proposed setbacks.
         (b)   Streets and access. The transportation network of all planned unit developments shall, at a minimum, meet the standard requirements of this chapter. Further, all streets within a planned unit development shall be located and designed in accordance with the requirements of NCDOT for the type of street proposed.
            1.   Access to nonresidential uses within primarily residential planned unit developments. Primary vehicular access to commercial development shall not be through intervening local streets.
            2.   Entrances. At least one point of ingress/egress for a planned unit development shall be located on a minor collector road, at a minimum, as identified by NCDOT. The number of ingress and egress points needed to safely move vehicular traffic from the PUD to the adjoining street(s) shall meet the minimum requirements of this chapter; however, the Board of Adjustment, via review of the outline development plan, may allow additional entrances, under the direction of NCDOT. It shall be the applicant’s responsibility to consult with NCDOT prior to requesting additional entrances.
         (c)   Parking. Parking requirements shall meet the standards of this chapter. An alternative parking plan may be submitted as part of the outline development plan. Shared parking is encouraged for uses that typically do not generate traffic at the same time.
         (d)   Signs. A generalized sign plan shall be submitted as part of the outline development plan. The plan shall include the design, type, and illumination source of signs to ensure uniform style throughout the development. All signs shall conform to the applicable requirements of this chapter unless otherwise approved.
         (e)   Buffering.
            1.   Perimeter buffering. Planned unit developments shall be required to provide perimeter buffering in accordance with § 153.158. However, when a use within a PUD is located adjacent to an existing, compatible use, the Administrator may reduce both the buffer area and number of plantings required by up to 50%. If the applicant wishes to reduce the buffer by greater than 50%, the Board of Adjustment shall make that determination.
            2.   Internal buffering. Individual uses within the PUD shall be required to meet the buffer requirements for the specific use unless an alternative internal buffering plan is submitted and approved by the Board of Adjustment as part of outline development plan.
         (f)   Open space. All planned unit developments shall include open space to optimize use and community interaction within the proposed development, as well as to maintain and preserve significant natural features. Each PUD shall include a minimum amount of open space, as required by this section. Stormwater management measures and other required undeveloped land, such as BMPs, may be included within this required open space area.
            1.   Required open space.
               a.   Wetlands. Proposals that include any identified wetlands shall include those areas within the required open space. It is encouraged that, in cases where more than one area of wetlands exists, connections between the wetlands are also included within the open space.
               b.   Flood areas. Proposals that include any identified flood hazard areas are encouraged to include those areas within the required open space.
               c.   Water features. Other water features that are not identified as wetlands or flood hazard areas are often overlooked during site development. However, these features may be just as important to the continued success of the natural environment and should therefore be considered for inclusion in required open space.
            2.   Unimproved open space. Unimproved open space includes any type of open space that is not defined as improved open space by this chapter. All of the required unimproved open space within a PUD shall be recorded at the time of recordation of the first phase of development.
            3. Improved open space. A minimum of 10% of the total open space provided shall include improved open space area(s) in primarily residential planned unit developments. Specific improved open space uses shall be proposed by the developer in the outline development plan. Proportionate to its size, each pod of the PUD shall include an area of improved open space. In no case shall open space include less area than the smallest lot of the pod in which the open space is located.
            4.   Access to open space. In cases where improved open space is located along a right-of-way where improved pedestrian access is not required, this access shall be provided to connect the open space to the nearest required pedestrian access.
      (4)   Superior design criteria. 
         (a)   A PUD may modify the requirements set forth in this chapter, if the applicant demonstrates how the proposed development is superior to that accomplished through conventional ordinance application. Superior design criteria exceed the standard development requirements of this chapter. While there are numerous techniques that may be utilized for each of the criteria below, it is up to the applicant to determine what is most appropriate for the proposed PUD.
         (b)   Each of the criteria below shall be met, included, and explained as part of the required outline development plan. It is the duty of the applicant to provide that each of these criteria is met. Each criterion shall be met in order for the Board of Adjustment to consider approval of the development proposal. The Board of Adjustment shall make a determination that the outline development plan adequately meets and explains these criteria to the extent necessary to meet the purpose of this section. Greater detail in explanation of the superior design provided as part of a proposal shall afford a more thorough and informed review process by county staff and the Board of Adjustment.
               1.   Overall development design. Innovative design of the overall development, which may include access, circulation, privacy, and other factors to create a unique development that compliments or enhances the surrounding community.
               2.   Architectural design. In planned unit developments, architectural design shall take into consideration the intended character of development as a whole, including seamless transitions between uses. More specifically, architectural design may include building design, location, scale, and/or character, provided to avoid abrupt differences between structures and uses. To determine if superior design has been attained to meet the requirements of this section, the architectural standard regulations of the Highway Corridor Overlay Zoning District shall be used as a benchmark.
               3.   Sustainability. The intention of sustainability in development is to eliminate negative environmental impacts through sensitive and skillful design. Further, sustainable development is intended to meet existing human needs while preserving the environment so that the needs of future generations can be met without an undue economic burden. Maintaining or enhancing opportunities and community well being, while protecting and restoring the natural environment upon which people and the natural environment depend, are primary features of sustainable development. Ways of living more sustainably can take many forms from reorganizing living conditions and sustainable architecture, including, but not limited to, gray water systems for irrigation, pervious parking, and alternative energy.
               4.   Preservation of natural and historic features. Community use of natural resources shall do so in a way that does not jeopardize the ability of future generations or the natural environment to live and prosper. For example, preservation of all areas located within the conservation zoning district as open space or utilizing naturally low lying areas for utility easements and walking trails.
               5.   Transportation system. On-site circulation and off-site traffic consequences shall be addressed as a whole in overall development design. Circulation for vehicle and pedestrian movement should be provided to minimize impacts to existing transportation systems. Transportation systems included as part of a PUD may include traffic calming devices, innovative intersection design, and other techniques to maintain safe traffic movement throughout the development.
               6.   Public safety and service availability. Availability of public services is a major factor in locating developments. For purposes of this item, public services may include, but is not limited to, the proximity to fire and emergency medical services, hospitals, law enforcement services, libraries, and educational facilities.
      (5)   Review and approval procedures. In addition to the procedures listed herein, applications for planned unit developments shall meet the requirements of § 153.066.
         (a)   Predevelopment meeting. A predevelopment meeting shall be scheduled with the Planning Department, and other county departments as applicable, to review the proposed development plan. The predevelopment meeting will allow both the developer(s) and county staff to air out potential issues prior to submittal to the Board of Adjustment. This meeting shall be held before staff will accept a special use application for the proposed development.
         (b)   Public outreach. A minimum extent of public outreach shall be done by the developer(s) prior to, or in conjunction with, application of the proposed plan in compliance with § 153.067(E)(2).
         (c)   Outline development plan. 
               1.   Each proposed planned unit development shall include an outline development plan. The purpose of the plan is to describe, in detail, all elements of design and regulation of the site as a whole. Following the inclusion of a succinct development summary, the outline development plan shall include how each of the required conventional regulations are met, including individual phase descriptions of these regulations where necessary. Finally, the plan shall outline how superior design guidelines and individual criteria are met through innovative design, proposed by the developer.
               2.   The outline development plan shall specify development standards applicable to each use within the planned unit development. If standards have not been specified for a proposed use in the outline development plan, any applicable development standards found elsewhere in this chapter shall be followed. In no case shall proposed development standards fail to meet the intent of this chapter.
         (d)   Modification(s) of the approved planned unit development (PUD). Modification(s) of the outline development plan, or any preliminary plat/plan and associated requirements, may be made by the Planning Board when requested by the owner(s) and developer(s) after initial approval has been granted by the Board of Adjustment. Such modifications shall not constitute a substantial change to the approved special use permit, as determined by the Administrator. The Board of Adjustment shall review substantial changes to the approved special use permit, such as an increase in density or introduction of a more intensive land use than was originally approved, in accordance with this chapter.
         (e)   Conflicts. Where conflicts occur after approval by the Board of Adjustment between the approved plan and the requirements of this chapter, or other local, state, or federal regulations, such conflict shall be resolved by the Administrator.
(Ord. passed 10-17-2011; Res. passed 6-18-2012; Res. passed 2-17-2014; Res. passed 5-18-2015; Res. passed 3-21-2016; Res. passed 7-15-2019; Res. passed 10-19-2020; Res. passed 11-16-2020)