900 Special Uses - Special Uses require approval of a quasi-judicial Special Use Permit. Such permits shall be issued by the City Council in accordance with the criteria, standards, and procedures established under this article. The City Council shall not grant a special use permit unless the use is expressly permitted as a special use in the zoning ordinance for the zoning district(s) of the property subject to the permit request.

900.1

Purpose - To ascertain that certain designated uses have met specific conditions set forth by this Ordinance and that such uses:

900.11 Are not detrimental to the public health or general welfare;

900.12 Are appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar services; and

900.13 Will not violate neighborhood character and not adversely affect surround land uses.

900.2

Standards for Special Use Permits

The City Council shall grant the special use permit upon finding that the application, or the application with conditions, meets of all of the following standards, in accordance with the procedures for quasi-judicial decisions in Article XIII, Division 4 of this ordinance:

900.21 The proposed special use will comply with all height, yard, lot and area requirements and other regulations for the district in which it is located unless otherwise specified.

900.22 All driveways will be designed with respect to such matters as proper ingress and egress for automobiles in order to minimize traffic congestion and increase pedestrian safety and conveniences.

900.23 Off-street parking will be provided in compliance with Section 1000 and off-street loading will be provided in compliance with Section 1001 of this Ordinance.

900.24 The establishment of the special use will not hinder the normal and orderly development and improvement of surrounding property for uses already permitted in the district.

900.25 Any required screening and landscaping will be designed or planted with full consideration of the effectiveness of individual plant types, dimensions, and characteristics in minimizing the noise, glare, visual impacts and other economic effects on adjoining properties.

900.26 Any permitted signs and proposed exterior lighting will be designed to reduce glare and to mitigate any adverse effects of sign size and height; so as to make the signs aesthetically pleasing and compatible with adjoining properties.

900.27 The exterior architectural appearance and functional plan of any proposed building or structure will not vary greatly from any buildings or structures already constructed or in the course of construction in the immediate vicinity or from the character of the applicable district, so as to cause a substantial depreciation in the property values of the immediate vicinity.

900.28 The type, size, hours of operations, location of the use upon the site, and intensity of the proposed special use will not be harmful or annoying to surrounding properties.

900.3

Application for Special Use; Planning Board review

Applications for special use permits may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for a special use permit for such development as is authorized by the easement. It is recommended that prior to filing an application for a Special Use Permit that the applicant consult with the Planning Department to ascertain that the proposed use is permitted in the zone it is intended to be located in, and to be informed of all regulations and requirements affecting uses, and what information is required to be submitted with the application. An application for a Special Use Permit shall be submitted to the Planning Department by the Friday falling at least twenty (20) days prior to the regularly scheduled meeting of the Planning Board and shall include the following:

900.31 Site Plan (See Section 1302);

900.32 Any additional information required by this ordinance or by the Planning Department related to the development, operation, or performance standards of any proposed use; and

900.33 Payment of a fee as set forth by City Council to defray administration and publication expenses.

The Planning Department must forward such application and additional information to the Planning Board for their review and send mailed notice of the meeting as provided in Sec. 1310(1). Mailed notice must include a statement that the meeting is a preliminary forum, which will be followed by an evidentiary hearing as provided in Sec. 900.4.

The Planning Board provides a preliminary forum for review of special use permits. The Planning Board may hear citizen comments related to the permits, request that the applicant provide additional information to the City Council (such a request shall not be binding on the applicant), conduct informal preliminary discussion of the application, and make recommendations for revisions or conditions. Such recommendations should be based on goals and policies outlined in the Comprehensive Plan and other planning documents. No part of the forum or recommendation may be used as a basis for a decision by the City Council; however, the Planning Board's recommendations will be forwarded to the City Council along with other administrative materials pursuant to standard quasi-judicial procedures.

The Planning Board shall forward its recommendation on the application to the City Council within 45 days of the Board's first review of application. Upon an affirmative vote of the majority of the Planning Board to forward the recommendations to Council, or after 45 days have passed without a recommendation from the Planning Board, the planning department will set a date for an evidentiary hearing before the City Council and cause notice to be served and posted as provided under Article XIII, Division 3 of zoning ordinance.

900.4

City Council Actions

The City Council must follow the procedures outlined in Article XIII, Division 3 for quasi-judicial decisions when deciding on special use permits, and may vote to approve, approve with conditions, or deny the special use permit application. Reasonable and appropriate conditions and safeguards may be imposed upon special use permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed under this subsection shall not include requirements for which the city does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the local government, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.

All such additional requirements shall be entered into the minutes of the meeting at which the permit is granted and said conditions, along with the findings of fact under 900.2, shall appear on the Special Use Permit. The Special Use Permit shall contain a signature block for the applicant to sign acknowledging consent to the conditions imposed. The permit shall not be considered in full force and effect until it is signed by the Mayor/Mayor Pro Tempore, the City Clerk and the applicant, and recorded with the register of deeds.

No vote greater than a majority vote shall be required for the city council to issue such permits. For the purposes of this section, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered 'members of the board' for calculation of the requisite majority.

900.5

Modification of Plans

(1)

Minor Modifications. Subsequent development applications may incorporate minor changes from the development defined by the Special Use Permit approval, without the need to amend the Special Use Permit, where the Planning Director determines that the changes:

(A)

Continue to comply with this Ordinance or any other local development regulation; and

(B)

Are necessary to comply with conditions of approval; or

(C)

Are necessary to comply with a development regulation or accommodate a physical site constraint that was not known at the preliminary site design phase and would not significantly alter the development's general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Special Use Permit approval.

(2)

Major Modifications/Permit Amendments. Any requests for changes or modifications to the development defined by the Special Use Permit that do not meet the standards for minor modifications above shall constitute a major change requiring an amendment to the permit. Amendments for major modifications shall follow the same process for approval as the original Special Use Permit. In any case, the following changes from the Special Use Permit approval shall always constitute a major change:

(A)

A change in a condition of approval;

(B)

A change in uses permitted or the density of overall development.

(C)

A change greater than 20 percent in the ratio of gross floor area devoted to residential vs. non-residential uses in a mixed-use development; and

(D)

An increase greater than ten percent in the amount of land devoted to non-residential uses.

(3)

Determination to be made in writing. Requests for minor modifications may be made through a subsequent development application, or the applicant may request a stand-alone determination and approval from the Planning Director on a proposed modification prior to making application for a subsequent development approval (e.g. a plat, a zoning permit). The determination shall be made in writing, and may be provided to the applicant in print or electronic form.

State Law reference— G.S. 160D-705(c)

900.6

Appeals

All quasi-judicial decisions are subject to judicial review in the nature of certiorari, as outlined in Sec. 1402 and G.S. 160D-1402.

900.7

Revocation of Permit

Failure to comply with the plans approved by the City Council or with any other conditions imposed upon the Special Use Permit by the Council, shall be treated as a zoning violation subject to enforcement pursuant to Sec. 1307 of this ordinance. Failure to abate the violation may result in the revocation of the special use permit, in addition to the penalties for non-compliance provided in Sec. 1-15 of the City's Code of Ordinances. Revocation of a special use permit must follow the same process for the initial approval, and may be initiated by planning department staff only when the property is in violation of the permit.

900.8

Expiration of Permits

Special Use Permits are valid for a period of 24 months from the date of issuance of the permit. If development has not substantially commenced within this time frame, as defined in Sec. 1505 of this ordinance, the Special Use Permit shall become null and void. Prior to expiration of the permit, the permit holder may petition the city for an extension, following the same process for the initial approval. When considering a request for an extension, the Council shall follow the standards in Sec. 1501(d) in determining whether or not to grant the extension. An extension may be granted for any period of time not to exceed 3 years. In no instance shall an extension be granted that would extend approval past 5 years from the date of initial approval of the permit.

(Ord. of 4-20-2004; Ord. of 10-19-2004; Ord. of 1-16-2006; Ord. of 6-16-2015(1), § 3; Ord. of 7-21-2015, § 4; Ord. of 1-19-2021, § 8)

901 Manufactured Home Park (Also see Section 900)

901.1

Purpose - To establish additional review guidelines for Manufactured Home Parks as Special Uses, and to assure that such Manufactured Home Parks will meet certain specifications and will provide pleasant living conditions for residents while protecting adjacent property.

901.2

Manufactured Home Park Requirements - The location of two (2) or more manufactured homes on a parcel of land shall constitute a Manufactured Home Park and shall be subject to the provisions of this section.

901.3

General

901.31 All Manufactured Home Parks which have been lawfully established prior to January 7, 2003, are from that date forward, non-conforming uses subject to the provisions [of] Section 704 of this Ordinance. No new Manufactured Home Parks, and no expansions or enlargements of existing Manufactured Home Parks will be permitted from and after January 7, 2003.

All Manufactured Home Parks which have been lawfully established prior to January 7, 2003, shall be allowed to continue subject to the requirements set forth in this Ordinance up to the maximum capacity allowed by their Annual Operating License. In addition, all Manufactured Home Parks which have been lawfully established prior to January 7, 2003, shall meet the following criteria on or before January 7, 2013:

a)

All Manufactured Home Parks shall have an identification sign in compliance with this Ordinance;

b)

All existing streets shall be paved;

c)

All streets shall be adequately illuminated by street lighting commonly found throughout the City of Lenoir street system.

901.32 Existing Manufactured Home Parks shall be issued an Annual Operating License and shall be subject to the health and safety standards of this ordinance (e.g. water, sewage, refuse, site numbering, skirting, accessibility, grounds maintenance). In addition, each manufactured home in a Manufactured Home Park shall comply with the City of Lenoir Minimum Housing Code, and individual manufactured homes may be subject to an inspection by the Minimum Housing Inspector under the same guidelines for single-family dwellings as defined [in] Chapter 10 of the Lenoir Code of Ordinances. A Manufactured Home Park existing prior to the adoption date of this Ordinance may be subject to the loss of its Annual Operating License if found in violation of this section. If an existing Manufactured Home Park loses its Annual Operating License, it shall apply for a re-issuance for an Annual Operating License under the provisions of Section 909 of this Ordinance.

901.33 The City of Lenoir, in conjunction with the Caldwell County Environmental Health Department, are hereby authorized and directed to make annual inspections to determine satisfactory and continued compliance with this ordinance. It shall be the duty of the owners or occupants of manufactured home parks to give these agencies free access to such premises at reasonable times for the purpose of inspection.

901.34 Inspection - The person to whom an Annual Operating License for a manufactured home park is issued shall operate the park in compliance with this ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean sanitary condition.

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

901.36 The Annual Operating License shall be valid for a period of one year and shall become renewable on the date of issuance only after the approved park is determined by the Zoning Enforcement Official to be in full compliance with the requirements of this ordinance.

901.37 If the park is determined not in full compliance, the owner will be given thirty calendar days to correct any deficiencies. If at the end of the thirty-day period the deficiencies remain uncorrected, the Annual Operating License shall become invalid and the operator shall be deemed in violation of this Ordinance

901.38 Any Manufactured Home park that is found to be in violation of this ordinance will cease to operate any and all rental manufactured homes immediately and shall remain liable to renters for fulfillment of contractual obligations. All rented spaces, those plots of land rented or leased to individual owner (s), shall cease operation at the end of the rental period, not to exceed forty (40) days from date of notice of permit violations. Unless an inspection shows the violation to have been corrected before the end of the forty-day grace period, then the permit for all remaining spaces shall be revoked.

901.39 Once the 40-day grace period has ended, if the owner has not corrected the violation he shall be required to resubmit his Manufactured Home Park plan in compliance with this ordinance in order to get an Annual Operating License.

901.40 The Planning Department shall act to revoke an Annual Operating License that is in violation of any part of this ordinance except violations that fall in the area of Section 901.5 and Section 903. The Planning Department shall, upon direction of the agency in which the jurisdiction for the violation falls as set out in this ordinance, revoke the Annual Operating License of the Manufactured Home Park.

(Ord. of 7-20-2010; Ord. of 1-19-2021, § 8)

902 Design Standards for Existing Manufactured Home Parks

902.1

General Requirements

902.11 Signs - Manufactured home park identification signs shall be limited to one sign per park entrance. No sign shall exceed sixteen (16) square feet in area.

902.12 Office - Within a manufactured home park one manufactured home may be used as an administrative office.

902.13 Recreation - Each manufactured home park shall have a minimum of eight percent (8%) of the total area set aside and developed for recreational purposes. Land set aside for recreation must be suitable for such purposes. Steep slopes and other unsuitable area shall not be counted towards the eight percent (8%) minimum.

902.2

Streets and Parking (Minimum Standards)

902.21 Access to the Manufactured Home Park shall be directly from a publicly maintained road or street.

902.22 Streets/Roads - The design standards for streets/roads within Manufactured Home Parks are those of the State Highway Commission for roads in subdivisions.

902.23 Permanent dead end streets shall have a cul-de-sac.

902.24 Intersections - Where a street intersects a primary or secondary highway, the design standards of the North Carolina State Highway Commission shall apply.

902.25 Parking - Two off-street parking spaces shall be provided for each manufactured home space. These spaces may be provided as bays (minimum of 18' × 20') or in approved lots.

902.26 Maintenance - Maintenance of streets/roads and parking areas shall be provided by the owner or operator of the manufactured home park.

902.3

Manufactured Home Spaces

902.31 Minimum lot area with public water and sewer: 5,000 square feet.

902.32 Minimum lot area with individual septic tank: 7,500 square feet (this requirement is subject to review by the Caldwell County Health Department to determine larger lot size).

902.33 Minimum lot width - 50 feet.

902.34 Minimum lot depth - 100 feet.

902.35 Minimum front yard - 24 feet from pavement edge of internal street to manufactured home.

902.36 Minimum side yard

a.

Side opposite main entrance - 10 feet.

b.

Main entrance side between mobile homes - 25 feet.

c.

Main entrance side between mobile homes and permanent building - 25 feet.

902.37 Minimum rear yard - 10 feet

902.4

Markers - Each manufactured home space shall be clearly defined by means of either concrete or iron pipe markers, placed at all corners.

902.5

Each manufactured home space shall be graded so as to prevent any water from ponding or accumulating on the premises. All drainage of the park confined or piped in such a way that it will not endanger any water supply or adversely affect adjoining property.

902.6

Each manufactured home space may have an unenclosed canopy, not in excess of ten (10) feet in width, which shall not be considered as an infringement on the yard requirements.

902.7

Each manufactured home shall have either a deck or a porch or a concrete patio (minimum area for either deck or porch or concrete patio shall be seventy-five (75) square feet).

902.8

Skirt - All manufactured homes shall be skirted when placed in parks. Skirts shall be required at the perimeter of all manufactured homes regardless of the location of the supporting foundation.

902.81 Skirting shall be constructed of either wood, metal, vinyl, or masonry.

902.82 Any wood framing used to support the skirting shall be of approved moisture resistant treated wood.

902.83 The skirting shall be vented.

902.84 Skirting manufactured specifically for this purpose shall be installed in accordance with manufacturer's specifications.

902.85 Skirting shall be installed prior to the issuance of the Certificate of Occupancy.

902.86 This regulation shall not apply to manufactured homes located in floodplain areas where continuous skirting is prohibited by State or Federal law.

902.9

Each manufactured home space shall have a site number, a 2½" high permanent lettering attached or painted on the electrical service.

903 Water Requirements

903.1

An accessible, adequate, safe and potable supply of water shall be provided in each manufactured home park. Where an approved public water supply is available, connection shall be made there and its supply used. When a public water supply is not available, adequate water supply shall be developed in accordance with the standards of the sanitary Engineering Division of the North Carolina Division of Human Resources and the City of Lenoir.

903.2

The development of an independent water supply to serve the manufactured home park shall conform to the minimum requirements of the City of Lenoir and/or the North Carolina Division of Human Resources.

903.3

Individual water service connections shall be provided for direct use at each manufactured home and shall be so constructed that they will not be damaged by the parking of manufactured homes.

903.4

Every manufactured home site shall be provided with a separate service shut-off valve as well as an outside spigot.

903.5

The procedures for governing the location and the establishing of wells for manufactured homes shall meet the current City of Lenoir Regulations or the North Carolina Division of Human Resources.

903.6

Community water supply wells shall be located at a site approved by the North Carolina Division of Human Resources.

903.7

No source of potential pollution or contamination such as septic tanks and drain fields shall be located within one hundred (100) feet of a private or individual water well.

903.8

Other detail well construction regulations and standards must be in compliance with the regulations of the City of Lenoir and the offices of the North Carolina Department of Environment and Natural Resources.

904 Sewage Disposal Requirements

904.1

Adequate and safe sewage disposal facilities shall be provided in all manufactured home parks. Collection systems and sewage treatment plants shall be in compliance with the requirements of the North Carolina Department of Natural and Economic Resources. Individual septic tank systems can be considered, if soil, topography and ground water conditions are favorable, and approval is granted by the Caldwell County Environmental Health Department.

904.2

The disposal plant shall be located where it will not create a nuisance or health hazard to the manufactured home park, or to the owner, or occupants of any properties in the vicinity. The approval of the State Department of Natural and Economic Resources shall be obtained on the type of treatment proposed on the design of the disposal plant prior to construction.

904.3

The effluent of a sewage treatment plant shall not be discharged into any waters of the state except with prior approval of the appropriate Federal and State Authorities and the County Environmental Health Department.

904.4

Each manufactured home space shall be provided with at least a four (4) inch diameter sewer riser pipe. The sewer riser pipe shall be of a material that is approved by the National Sanitation Foundation (N. S. F.). The installation of the sewer riser pipe shall be of such a design that surface water shall not drain into it. When the sewer riser is not in use a drainage plug shall be provided. The sewer connection shall be located a distance of at least one hundred (100) feet from any well water supply.

904.5

The sewer connection shall have a nominal inside diameter of at least four (4) inches, and the slope of any portion thereof shall be at least one-fourth (1/4) inch per foot. The sewer connection shall consist of one pipeline only without any branch fittings. All joints shall be watertight including connections from manufactured home to sewer riser pipe.

904.6

All material used for sewer connections shall be semi-rigid, corrosive resistant, non-absorbent and durable. The inner surface shall be smooth.

904.7

The sewer riser pipe shall be so manufactured that a non-corrosive plug may be used when a manufactured home does not occupy a space. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall be enclosed in a 2' x 2' x 6" concrete apron and the riser may be flush with the cement.

904.8

Where the sewer lines of a manufactured home park are not connected to a public sewer, or a sewage treatment plant, then the Caldwell County Environmental Health Department shall determine the size septic tank and its drainage field.

905 Refuse Container Requirements

905.1

Where municipal or private disposal service is not available, the manufactured home park operator shall dispose of the solid waste by transporting it to a disposal site approved by the Health Department.

905.2

The storage, collection and disposal of solid waste in the manufactured home park shall be so constructed as to create no health hazards or pollution.

905.3

Each manufactured home shall store all solid waste in a manner that will not create a nuisance or health hazard and in containers, which are protected from flies, rodents and disturbance by animals or dogs. The manufactured home park manager shall be responsible for the proper storage, collection and disposal of solid waste.

905.4

All solid waste shall be collected at least once per week. All solid waste shall be collected and transported in covered containers.

905.5

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

906 Electrical Requirements

906.1

All electrical connections shall meet the National Electrical Code. In addition, electrical connection shall be at least a 100-amp service.

906.2

All streets in the manufactured home park shall be adequately illuminated from sunset until sunrise. 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 four hundred (400) feet.

906.3

Electrical inspections shall be conducted by the Caldwell County Building Inspections Department on all manufactured homes within a manufactured home park, whether they are for new electrical hook-ups or for reconnections.

907 Ground Maintenance Requirements for the Operator

907.1

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

907.2

Parks shall be maintained free of accumulations of debris, which may provide rodent harborage of breeding places for flies, mosquitoes and other pests.

907.3

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

907.4

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

907.5

If a manufactured home is to be located on a lot within a manufactured home park, a sanitarian must first certify that all the septic tank systems comprising the sanitary sewage system are operating properly before an electrical reconnection will be allowed in accordance with N. C. G. S. 130A-337 (c).

908 General Requirements for Placement of Manufactured Homes

All manufactured homes shall be properly placed in accordance with the requirements of this ordinance and the North Carolina Regulations for Manufactured Homes (as amended) and any applicable requirements under the North Carolina Residential, Electrical and Plumbing Code.

909 Administration, Enforcement, and Re-Application Process for Manufactured Home Parks.

909.1

All Manufactured Home Parks that are required to re-apply for an Annual Operating License due to loss of such a license from violations of this Ordinance shall hereafter be re-established as Special Uses, and shall follow the same approval process for Special Use Permits as prescribed by this Ordinance, and shall meet all of the design criteria established above. Prior to the re-establishment of a Manufactured Home Park, a Special Use Permit application shall be filed with the Planning Department along with a site plan.

909.2

All site plans for manufactured home parks shall exhibit the seal of a registered land surveyor or engineer. The site plan shall be drawn to a minimum scale of 1"=100', and shall clearly set out the following:

(1)

The name of the park, the names of the owner or owners, and the name of the surveyor or engineer responsible for drawing the plan.

(2)

Date, graphic scale and approximate north arrow.

(3)

Boundaries of the tract shown with bearings and distances, showing all existing streets, buildings, water courses, utility easements, and other features that may be considered in the development such as floodplain wooded areas etc.

(4)

Proposed streets, driveways, open areas, parking spaces, service buildings, easements, manufactured home spaces, size of spaces and proposed structures.

(5)

Vicinity map showing the location of the park and the surrounding area.

(6)

Names of adjoining property owners.

(7)

Land contours with vertical intervals of not more than five (5) feet shall be provided for all manufactured home parks that have sufficient land area for twenty-five (25) spaces or more.

(8)

Manufactured home well site clearly defined (if applicable).

(9)

Surface water drainage plans.

(10)

Method of surfacing roads within the park.

(11)

Location and intensity of area lights and typical connections to Manufactured Homes and dwellings or a statement from the power company serving the area where the park is to be located indicating that it will be responsible for design and installation of the electric system.

(12)

The proposed utility system for gas, surface water drainage, street lights, electrical power, water supply and solid waste and sewage disposal facilities.

(13)

Site data:

(a)

Acreage in total tract.

(b)

Acreage in park for other land uses.

(c)

Maximum number of manufactured home spaces.

(14)

Buffer strip showing type and method of planting.

(See Section 712 for specifications.)

909.3

Caldwell County Environmental Health Department Review

909.31 Within the extraterritorial zoning area of the City of Lenoir all applications for a manufactured home park shall be forwarded to the Caldwell County Health Department for their review. The Caldwell County Health Department shall review said plan to determine if the plan is in accordance with minimum health standards and regulations as follows:

(a)

Source of water and water distribution system.

(b)

Sanitary sewage system.

(c)

Adequate lot size, if septic tanks are to be used.

(d)

Adequate facilities for solid waste storage, collection and disposal.

909.32 The Caldwell County Environmental Health Department shall review the plan within thirty (30) days. This department shall notify the Planning Department of the City of Lenoir of its findings. If deficiencies are found, these shall be stated and it shall be the responsibility of the Lenoir Planning Department to notify the developer.

909.33 Before acting on the final manufactured home park plan, the Lenoir Planning Board may request reports from the District Highway Engineer, the County Health Director, North Carolina Division of Human Resources, the Building Inspector, the County School Superintendent, the County Soil Conservation Service and other officers or agencies directly affected by the proposed development. Said reports should certify compliance with or note deviations from the requirements of this ordinance and the approved preliminary plan.

909.34 If the Lenoir Planning Board disapproves the final manufactured home park plan, the reasons for such action shall be noted in the Planning Board's minutes and reference shall be made to the specific section of the ordinance, which the plan does not comply.

909.4

Issuance of Special Use Permit and Annual Operating License

909.41 After approval of the Special Use Permit by the City Council, the applicant must then apply for a Zoning Permit to execute the park plan, and for an Annual Operating License prior to offering any lot or home for lease. Zoning permits are also required for each manufactured home placed in the park, but will not be issued for any park that doesn't have a valid operating license. The intent of the Special Use permit is to enable the execution of the park plan and shall not be construed to entitle the recipient to offer spaces for rent or lease, or to operate a manufactured home park as defined in this ordinance, unless and until all the approved park plan is fully executed and an operating license is issued by the Planning Department.

909.42 If re-development of the park has not begun within twenty-four (24) months from the issued date of the Conditional or Special Use Permit, the Conditional or Special Use Permit shall become null and void. However, the Lenoir City Council may grant an extension of the Conditional or Special Use Permit if the developer appears before the Lenoir City Council to show cause.

909.43 When the developer has completed the re-development of the Manufactured Home Park, he shall re-apply to the Planning Department for an Annual Operating License. The Planning Department shall make an on-site inspection of the park.

(a)

If the plan conforms to the park plan approved by the Lenoir City Council, the Planning Department shall issue the developer an Annual Operating License.

(b)

If the plan does not conform to the park plan approved by the Lenoir City Council, the Planning Department shall delay issuance of the annual operating permit until it comes into conformity.

909.44 The annual operating permit issued to the developer shall constitute authority to lease or rent spaces in the Manufactured Home Park.

909.45 When a Manufactured Home Park is to be developed in stages, the proposed park plan may be submitted for the entire development, and application for an annual operating license may be made for each stage developed.

909.46 Individual manufactured home spaces in Manufactured Home Parks, as defined under this ordinance, shall not be sold or transferred as long as the park is in operation.

(Ord. of 1-19-2021, § 8)

910 Communication Towers

It is the intent of this Ordinance to allow communication towers for mobile telephone services and other radio and television information services, while minimizing adverse visual and operational effects of towers through careful siting, design, and screening; to avoid potential damage to adjacent properties through proper setbacks; and to maximize the use of communication towers and existing structures to reduce the number of towers necessary to provide for the communication needs of Lenoir and surrounding areas. Wherever a communication tower is permitted as a Special Use (see Article VI Permitted Use Chart), the following application requirements and review standards shall apply in addition to those specified in Sec. 900 for all Special Uses.

Communication towers shall be a special use in all zoning districts except the B-5.

910.1

Communication towers shall at all times comply with Federal Communications Commission (FCC) standards for radio frequency emissions.

910.2

Prior to the issuance of a Special Use Permit, the applicant shall be required to provide certificates of insurance demonstrating it has a minimum of $1,000,000 in general liability insurance covering any liability arising out of its construction or operation of the communication facility. The applicant shall be required to maintain such coverage in full force and effect until such time as all above-ground portions of the facility have been removed and all other conditions of its Maintenance & Removal Agreement have been satisfied.

910.3

Applicants shall first consider properties owned by the City of Lenoir or other government entity before considering private properties as locations for communication towers. The Planning Department will provide an inventory of City-owned properties. Public properties shall be subject to the same restrictions as private properties. If suitable public properties cannot be located, justification shall be provided which clearly explains why the public properties are not suitable and what alternatives were considered.

910.4

An application for a Special Use Permit shall be accompanied by a copy of an executed lease requiring the applicant to remove all above-ground portions of communication towers no later than ninety (90) days after cessation of operations. In addition, each applicant for a communication tower shall execute a facility maintenance/removal agreement prior to issuance of the Special Use Permit. Said agreement shall bind the applicant and the applicant's successors-in-interest to properly maintain the exterior appearance of and ultimately remove the facility in compliance with the provisions of this Ordinance and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the City for all costs incurred to perform any work required of the applicant by the agreement that the applicant fails to perform. Such costs shall include, but not be limited to, administrative and job supervision costs. It shall also specifically authorize the City and/or its agents to enter onto the property and undertake said work so long as the City has first provided the applicant the following written notices at the applicant's last known address:

A.

An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least thirty (30) days to complete the work; and

B.

A follow-up notice of default specifying the applicant's failure to comply with the work within the time period specified and indicating the City's intent to commence the required work within ten (10) days.

C.

All portions of abandoned or unused communication towers located above ground that are not removed within ninety (90) days of the cessation of operations, the facility may be removed as provided in the applicant's Maintenance/Removal Agreement by the City and the costs of removal recovered from the applicant's bond or other security.

910.5

Any communication tower in existence on the date of enactment of this Ordinance which does not comply in all respects with these provisions shall be deemed a nonconforming use. In the event such facility shall be destroyed, or suffer damage in excess of 50% of the tax value of the facility's improvements, such facility shall not be repaired or replaced and shall be removed unless any replacement facility complies in all respects with the provisions of this Ordinance. Except in the case of destruction or damage in excess of 50% of the tax value of the facility's improvements, technological upgrades of electronics and antennas are permitted, consistent with this Ordinance.

910.6

Applications shall require payment of a nonrefundable $2500 fee. This fee may be reduced to $1000 when applicant is utilizing existing publicly- owned structures or land.

910.7

An applicant for a Special Use Permit for a communication tower that includes a new or additional tower or increase in tower height, shall be required to post a $10,000 cash bond, or other security satisfactory to the City, to secure costs of removing all above ground portions of a communication tower (not including any part of the foundation) in the event the applicant shall fail to do so within ninety (90) days of cessation of operation of the facility. The applicant shall be required to continue such bond or other security until such time as the facility has been removed and all other requirements of its Maintenance/Removal Agreement have been satisfied.

910.8

No communication tower shall be approved if an electric transmission tower is located within a one quarter mile radius (1320 feet) laterally of the proposed telecommunications tower site and if road access and necessary utilities can be obtained within a one quarter mile radius (1320 feet) of the existing electric transmission tower, unless the applicant can demonstrate that sufficient easements or other interests in real property cannot be obtained to accommodate the communication facilities, or that the electric utility owning the electric transmission tower is unwilling to allow its use for communication facilities, or if the planned equipment would exceed the structural capacity of the existing electrical transmission tower.

910.9

Electric transmission towers less than one hundred ten (110) feet in height may be replaced by metal electric transmission towers up to one hundred ten (110) feet in height. Such replacement shall be at the discretion of the electric utility which owns or operates the electric transmission tower, taking into account safety, service disruptions, structural capacity and structure life or duty cycle. For purposes of this Section, such replacement electric transmission tower shall be deemed to be an existing structure.

910.10

The tower shall be of a monopole design, engineered and constructed to permit the co-location of at least three additional users.

910.11

The exterior appearance of all buildings associated with the tower shall be similar to residences in the general area.

910.12

No tower shall exceed the height of 165 feet, which is measured from base of tower to top of tower.

910.13

The City Council may require that the applicant apply to the Federal Aviation Administration (FAA) for compliance with FAA standards for a dual lighting system rather than a red and white marking pattern, when such marking pattern is determined to be aesthetically blighting due to the visibility of the tower.

910.14

The base of the tower shall be surrounded by a fence or wall at least eight feet (8') in height unless the tower co-locates on a structure that makes such fence or wall impractical, as determined by the City. Such fences or walls shall be screened in accordance with Section 712 (Buffering and Screening) of this Ordinance.

910.15

No advertising logo or signage is permitted on any tower or antenna.

910.16

The City Council may require any other conditions, such as tower height or appearance, to mitigate the impact of the tower on adjacent properties and land uses.

910.17

Modifications to existing communication towers that are otherwise consistent with this ordinance and do not substantially change existing towers shall be allowed to be permitted administratively without requiring additional review as a Special Use when the Planning Director finds that the modifications:

A.

Do not increase the height of the tower by more than 10 percent;

B.

Will not extend more than 20 ft. from the tower;

C.

Will add no more than one equipment shelter or four equipment cabinets;

D.

Will not involve excavation outside the tower site or existing utility or access easements; and

E.

Do not exceed the maximum permitted height of 165 ft. for communication towers.

Modifications that do not meet the above standards may be allowed, but require review and approval as a Special Use and must meet all standards for such uses.

(Ord. of 1-19-2021, § 8)

911 Communication towers in residential zoning districts:

911.1

The tower shall be setback from any property line or structure not associated with the tower by a distance of not less than 200 feet, unless the Planning Board and City Council find that due to existing topography, vegetation, adjacent commercial or industrial development, or technical practicality, a lesser setback would still be harmonious with the surrounding area and meet the intent of this Ordinance. In no case shall the setback be less than 50% of the height of the tower, and towers must be designed to collapse within a radius of half the tower height. In no case shall a tower be approved that is located within 200 ft. of any off-site residential structure.

911.2

Buildings associated with communication towers located in residential zoning districts may not be used as an employment center for any worker. This provision does not prohibit periodic maintenance or monitoring of equipment and instruments. Such buildings shall have brick veneer and a pitched roof.

912 Communication towers located in non-residential zoning districts (excluding B-5, B-6 & B-7):

912.1

The tower shall be setback from any property line or structure not associated with the tower by a distance not less than 50% of the tower's height.

912.2

The exterior appearance of all buildings associated with the tower shall be compatible with structures in the general area.

913 Small Wireless Facilities

913.1

Purpose and Scope

(a)

Purpose. The purpose of this Section is to establish policies and procedures for the placement of small wireless facilities in rights-of-way within the City's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual characteristics of the City rights-of-way and the City as a whole. This ordinance is not intended to prohibit or regulate small cell systems based on factors outside the City's authority, as established by State or Federal Law.

(b)

Intent. In enacting this Chapter, the City is establishing uniform standards to address issues presented by small wireless facilities, including, without limitation, to:

(1)

Prevent interference with the use of, or damage to, streets, sidewalks, alleys, parkways, public utilities, public views, certain City corridors, and other public ways and places;

(2)

Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

(3)

Prevent interference with the facilities and operations of facilities lawfully located in rights-of-way or on public property;

(4)

Protect against environmental damage, including damage to trees;

(5)

Preserve the character of the neighborhoods in which facilities are installed; and

(6)

Facilitate rapid deployment of small cell facilities to provide the benefits of advanced Wireless Services.

(c)

Conflicts with Other Sections. This Section supersedes all Sections or parts of Sections adopted prior hereto that are in conflict herewith, to the extent of such conflict.

913.2

Definitions. The following definitions shall apply to this Section:

(a)

"Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of Wireless Services.

(b)

"Applicable Codes" means any uniform code such as building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to Persons, to the extent consistent with the terms of this Chapter.

(c)

"Applicant" means any Person who submits an application and is a Wireless Provider.

(d)

"Application" means a request submitted by an Applicant (i) for a Permit to collocate small wireless facilities or (ii) to approve the installation or modification of a Utility Pole, City Utility Pole, or Wireless Support Structure.

(e)

"City" refers to the City of Lenoir.

(f)

"City-Owned Pole" means (i) a Utility Pole owned or operated by the City in City right-of-way, including a Utility Pole that provides lighting or traffic control functions, such as light poles and traffic signals and (ii) a pole or similar structure owned or operated by the City in City right-of-way that supports only Wireless Facilities.

(g)

"City Code" means the City of Lenoir Municipal Code, as amended from time to time.

(h)

"Collocate" means to install, mount, maintain (other than routine maintenance), modify, operate, repair, or replace Wireless Facilities on or adjacent to a Wireless Support Structure, City-Owned Pole, or Utility Pole. "Collocation" has a corresponding meaning.

(i)

"Day" means calendar day.

(j)

"Emergency" is a condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public or (2) has caused or is likely to impair the use of facilities in the right-of-way and/or result in loss or impairment of the services provided.

(k)

"Facility(ies)" means wireless telecommunication facilities.

(l)

"FCC" means the Federal Communications Commission of the United States.

(m)

"Fee" means a one-time charge.

(n)

"Law" means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.

(o)

"Modification" means a change to an existing wireless facility that involves any of the following: expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or routine maintenance, if those actions do not involve a change to the existing facility involving any of the following: expansion, alteration, enlargement, intensification, reduction, or augmentation.

(p)

"Monopole" means a structure composed of a pole or tower used to support Antennae or related equipment. A monopole also includes a monopine, monopalm, and similar structures, camouflaged to resemble faux trees or other faux objects.

(q)

"Permit" means a written authorization required by the City to perform an action or initiate, continue, or complete a project.

(r)

"Pole" means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and sufficient manner, as the City, in its sole and absolute discretion shall determine, and as required by provisions of the City Code and other Applicable Codes.

(s)

"Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, and includes the City.

(t)

"Rate" means a recurring charge.

(u)

"Rights-of-Way" or "ROW" means the area on, below, or above a roadway, highway, street, sidewalk, alley, utility easement, or similar property, but does not include federal interstate highways.

(v)

"Small Wireless Facility" means a Wireless Facility that meet(s) both of the following qualifications: (i) each Antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an Antenna that has exposed elements, the Antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the Wireless Facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, stealth or concealment elements, telecommunications demarcation boxes, ground-based enclosures/cabinets, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

(w)

"Utility Pole" means a pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines, cables, or wires for telecommunication, cable, or electric service, or for lighting. Such term shall not include structures supporting only Wireless Facilities.

(x)

"Wireless Facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications and (ii) radio transceivers, Antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes Small Wireless Facilities. The term does not include the Wireless Support Structure or improvements on, under, or within which the equipment is collocated, to which the equipment is attached or within which the equipment is enclosed.

(y)

"Wireless Infrastructure Provider" means any Person, including a Person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, or Wireless Support Structures, but that is not a Wireless Services Provider.

(z)

"Wireless Provider" means a Wireless Infrastructure Provider or a Wireless Services Provider.

(aa)

"Wireless Services" means any services, whether at a fixed location or mobile, provided using Wireless Facilities.

(bb)

"Wireless Services Provider" means a Person who provides Wireless Services.

(cc)

"Wireless Support Structure" means a freestanding structure, such as a monopole or tower, either guyed or self-supporting, a billboard, or other existing or proposed structure designed to support or capable of supporting Wireless Facilities. Such term shall not include a Utility Pole or City-Owned Pole.

All terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa.

913.3

Permitted Use; Application and Fees

(a)

Permitted Use: Collocation of a Small Wireless Facility or a new or modified Utility Pole or Wireless Support Structure for the collocation of a Small Wireless Facility, that meet the height requirements of § 160D-936(b), shall be classified as permitted uses and subject only to administrative review under Section 913.4 if they are collocated (i) in a City right-of-way, within any zoning district or (ii) outside of City rights-of-way, on property zoned other than as single-family residential property.

(b)

Permit Required. No Person shall place or collocate a Small Wireless Facility in the public rights-of-way, without first filing the appropriate Application and obtaining a Permit therefore, except as otherwise provided in this Chapter.

(c)

Permit Application. Applications for Permits filed pursuant to this Chapter shall be on a form, paper or electronic, provided by the City. The Applicant may designate portions of its Application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential," by clearly marking each page of such materials accordingly.

(d)

Application Requirements. Applications shall be made by the Wireless Provider or its duly authorized representative and shall contain the following:

(1)

A sealed plan, prepared by a Professional Engineer, Architect, Landscape Architect or other Professional authorized to practice land development in North Carolina.

(2)

The Applicant's current name, address, telephone number, and e-mail address, as well as current contact information for responsible parties

(3)

All Applications shall be submitted to the City's Public Works Department, which shall be the sole source of communications to and from the City (other than when Council or its committees consider an Application).

(4)

The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the Applicant with respect to the filing of the application.

(5)

A general description of the proposed work and the purposes and intent of the Small Wireless Facility, provided that, per N.C.G.S. § 160D-935(d)(2), a Wireless Provider shall not be required to provide more information to obtain a Permit than communications service providers that are not Wireless Providers and provided, furthermore, that, pursuant to § 160D-933(c), with respect to an Application for the placement or construction of a new Wireless Support Structure or the substantial modification of an existing Wireless Support Structure, a Wireless Provider shall not be required to provide information pertaining to the Wireless Provider's designed service, customer demand for its service, the specific need for the Wireless Support Structure, including whether the Wireless Support Structure is intended to add additional wireless coverage or capacity, the quality of the Wireless Provider's service to or from a particular site or area, or any proprietary, confidential, or other business information to justify the need for the Wireless Support Structure, including propagation maps and telecommunications traffic studies. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed.

(6)

A site plan, with sufficient detail to show the proposed location of items the Applicant seeks to install, modify, or collocate in the right-of-way, including any manholes or poles and the size, type, and depth of any conduit, enclosure, or other equipment.

(7)

Provide certification that the Wireless Facilities, Wireless Support Structures, any new or modified Utility Poles and City-Owned Poles, and all other system components will not interfere with any existing public or private utilities, public safety, and other systems.

(8)

Provide certification that the Small Wireless Facility, Wireless Support Structure, and new or modified Utility Pole or City-Owned Pole shall comply with the City Code and all Applicable Codes, approved plans, and prior and existing conditions of approval.

(9)

A Wireless Provider shall demonstrate and certify that they have or will have access to power at the site of the proposed Wireless Facility, Wireless Support Structure, or new or modified Utility Pole or City-Owned Pole within thirty (30) calendar days of the Permit's issuance, and that power will be maintained to the site until the Wireless Facility is activated.

(10)

An Application must include an attestation that Small Wireless Facilities will be collocated on the Utility Pole, City-Owned Pole, or Wireless Support Structure within six (6) months of approval, and that the Small Wireless Facilities will be activated for use by a Wireless Services Provider, in order to provide service, no later than one year from the Permit issuance date, unless the City and the Wireless Provider agree to extend this period or a delay is caused by a lack of commercial power at the site.

(11)

An Applicant seeking to collocate Small Wireless Facilities at multiple locations within the City's jurisdiction shall be allowed, at the Applicant's discretion, to file a consolidated application for no more than twenty-five (25) separate facilities and receive a single Permit for the collocation of all the Small Wireless Facilities meeting the requirements of the ordinance, Applicable Codes, the City Code, and all other applicable federal and state laws and regulations. The City may remove Small Wireless Facility collocations from a consolidated application and treat separately those for which incomplete information has been provided or which the City will deny. The City may issue a separate Permit for each collocation the City approves.

(12)

The Applicant asserts, to the best of the Applicant's knowledge, and under penalty of perjury, the truth of the information contained in the Application.

(13)

Photo depictions of the proposed installation, modification, or collocation from the four (4) cardinal directions.

(14)

Copies of any previously issued Permits for the Small Wireless Facilities, Wireless Support Structures, Utility Poles, City-Owned Poles, or other components of the system.

(e)

Permit Conditions. A Permit for the collocation of the Small Wireless Facility shall provide that the collocation must commence (begin field construction) within six (6) months of approval and that the Small Wireless Facility shall be activated no later than one (1) year from the Permit issuance date, unless the City and the Wireless Provider agree to extend this period or a delay is caused by a lack of commercial power at the site. In addition, the Applicant shall be required to obtain all otherwise applicable work Permits including, by way of example and not by way of limitation, Permits for work that will involve excavation in the right-of-way, affect traffic patterns or obstruct vehicular traffic in the right-of-way. All Permits shall be conditioned on: (i) the Applicant's continuous compliance with the City Code and all Applicable Codes, approved plans, and prior and existing conditions of approval and (ii) the City's right to inspect and monitor the Small Wireless Facility, Wireless Support Structure, Utility Pole, and/or City-Owned Pole for compliance.

(f)

Applicant. Applicant shall maintain compliance with the City Code, all Applicable Codes, all approved plans, all prior and existing conditions of approval, and all other applicable laws, regulations, rules, and codes. The City shall have the right, but not the obligation, to inspect and monitor all Small Wireless Facilities, Wireless Support Structures, Utility Poles, and City-Owned Poles for compliance.

(g)

Routine Maintenance and Replacement. An Application shall not be required for: (i) routine maintenance or (ii) the replacement of a Small Wireless Facility with another Small Wireless Facility that is substantially similar or smaller in size, weight, and height, and that does not defeat or alter any concealment, stealth, or camouflage elements present on the Small Wireless Facility. Otherwise, an application is required and any replacement shall be in accordance with the provisions of this ordinance.

(h)

Information Updates. Any amendment to information contained in an Application shall be submitted, in writing, to the City within thirty (30) days after the change necessitating the amendment. If the information is submitted before the Application has been approved, the City shall have another thirty (30) days from the date on which the new information was submitted to review the revised Application.

(i)

Fees. The fee for submitting an application shall be one hundred dollars ($100.00) per Small Wireless Facility for the first five Small Wireless Facilities addressed in an Application, plus fifty dollars ($50.00) for each additional Small Wireless Facility addressed in the Application.

913.4

Administrative Review and Approval Process. This Section applies to applications for Permits that meet the requirements specified in Subsection 3(A).

(a)

Review for completeness. An Application subject to this Administrative Review section shall be deemed complete, unless the City provides notice, in writing, to the Applicant within thirty (30) days of submission or within some other mutually agreed-upon timeframe. The notice shall identify the deficiencies in the Application which, if cured, would make the application complete. The Application shall be deemed complete on resubmission if the additional materials cure the deficiencies identified.

(b)

Applications. Applicants who/which intend to submit application with more than ten (10) proposed location sites shall be required to schedule and attend a pre-application conference with staff from the City's Public Works Department to discuss the application prior to its submission.

(c)

Time Limits for Review of Completed Applications. An Application for a collocation, which is neither an eligible facilities request, per subsection 913.4 (e), below, nor the installation of a new Wireless Support Structure, Utility Pole, or City-Owned Pole, and is subject to this Administrative Review section shall be processed on a non-discriminatory basis and shall be deemed approved if the City fails to approve or deny the Application within forty-five (45) days from the time the Application is deemed complete or, alternatively, within some other mutually agreed-upon timeframe, to which the City and the Applicant agree.

(d)

Denial of Permit. The City may deny an Application for a Permit, subject to this Administrative Review section, on the basis that it does not meet: 1) the Applicable Codes or the City Code, 2) local code provisions or regulations that concern public safety, objective design standards for decorative Utility Poles, Utility Poles, generally, or reasonable and non-discriminatory stealth and concealment requirements, including screening and landscaping for ground-mounted equipment (ground cabinets, etc.), 3) public safety and reasonable spacing requirements for poles and ground-mounted equipment in the right-of-way, or 4) local, state, and federal historic district laws and regulations in and/or enacted pursuant to or consistent with Article 9, Part 4 of Chapter 160D of the North Carolina General Statutes, 47 U.S.C. 332(c)(7), 47 U.S.C. 1455(a), or the National Historic Preservation Act of 1966, 54 U.S.C. 300101 et seq. The City shall (i) document the basis for a denial, including the specific code provisions on which the denial was based, and (ii) send the documentation to the Applicant on or before the day the City denies an Application. The Applicant may cure the deficiencies identified by the City and resubmit the Application within thirty (30) days of the denial, without paying an additional Application fee. The City shall approve, deny, or identify any continuing deficiencies in, the revised Application within thirty (30) days of the date on which the Application was re-submitted. Any subsequent review shall be limited to the deficiencies cited in the prior denial. If the cited deficiencies are not cured within one-hundred-twenty (120) calendar days of the date of the City's written notice to the Applicant, thereof, the Application shall automatically be deemed withdrawn on the one-hundred-twentieth (120 ^th ) calendar day.

(e)

Review of Eligible Facilities Requests. Notwithstanding any other provision of this Chapter, the City shall approve and may not deny qualifying applications for eligible facilities requests, which meet the requirements of federal and state law, within sixty (60) days from the date of the Application's submission or forty-five (45) days from the date the Application is deemed complete, whichever comes first, or, alternatively, within some other mutually-agreed time frame, to which the City and the Applicant agree. The City shall process and review all qualifying eligible facilities requests according to the requirements and procedures established in 47 CFR 1.40001(c) and N.C.G.S. § 160D-934.

913.5

Small Wireless Facilities in the ROW; Maximum Height; Other Requirements

(a)

Maximum Size of Permitted Use. A Wireless Provider may collocate Small Wireless Facilities along, across, upon, and under any City right-of-way, subject to the requirements of this ordinance and applicable federal and state laws, rules, and regulations. Subject to this ordinance and applicable federal and state laws, rules, and regulations, a Wireless Provider may also place, maintain, modify, operate and replace associated Utility Poles, City-Owned Poles, conduit, cable, and related appurtenances and facilities along, across, upon, and under any City right-of-way. The placement, maintenance, modification, operation and replacement of Utility Poles and City-Owned Poles associated with the collocation of Small Wireless Facilities, along, across, upon, and under any City right-of-way shall be classified as Permitted uses and subject only to administrative review or approval under subsection 913.4 if the Wireless Provider meets the following requirements:

(1)

Each new Utility Pole and each modified or replacement Utility Pole or City-Owned Pole installed in the right-of-way shall not exceed fifty (50) feet above ground level.

(2)

Each new Small Wireless Facility in the right-of-way shall not extend more than ten (10) feet above the Utility Pole, City-Owned Pole or Wireless Support Structure on which it is collocated.

(3)

Nothing in this section shall be construed to prohibit the City from allowing Utility Poles, City-Owned Poles, or Wireless Facilities that exceed the limits set forth herein.

(4)

Relay towers and other towers taller than fifty (50) feet shall be considered communication towers for purposes of this ordinance and, regardless of whether the towers are located within the public right-of-way or no, all relay and other towers taller than fifty (50) feet shall be treated as Special Uses under Appendix A, Section 910 of the City Code.

(b)

Other Requirements. Any Wireless Provider that seeks to construct or modify a Utility Pole, Wireless Support Structure, or Wireless Facility shall be subject to the following requirements:

(1)

Collocations of Small Wireless Facilities are preferred on existing poles, where feasible.

(2)

Installations of Small Wireless Facilities are preferred at property lines and street corners where feasible.

(3)

Wireless Facilities shall be located such that they do not interfere with public health or safety facilities, equipment, or operations, such as, but not limited to, a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility or equipment. New Wireless Facilities shall not be installed directly over any water, sewer, refuse, drainage, gas, steam, power, or electrical main, service line, or other infrastructure, without the City's and the line owner's express, prior, written consent.

(4)

New, modified/altered, and replacement Wireless Support Structures, erected, modified/altered, or replaced for the installation or collocation of Small Wireless Facilities shall be made of the same type of material as existing poles in the immediate area. Applicant may request a variance of this provision from the City Manager.

(5)

Any tree-disturbing activity necessary for the installation or collocation of Small Wireless Facilities shall comply with the City's landscaping requirements for streetscapes, parking lot landscaping, bufferyards, and other landscaping provisions of Appendix A of the Lenoir City Code.

(6)

Wireless Support Structures shall not be lighted or marked by artificial means, except when mounted on an existing light pole or where illumination is specifically required by the Federal Aviation Administration or other federal, state, or local laws, rules, or regulations. Notwithstanding the preceding sentence, the mounting of Small Wireless Facilities on light poles is Permitted, subject to the requirements of this ordinance, Applicable Codes and the City Code.

(7)

A Wireless Provider shall repair, at its sole cost and expense, any damage, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to state, City, public, and private streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, above- and below-ground utility lines and systems (including, but not limited to, water, sewer, drainage, gas, and power/electricity), and all other public and private improvements of any kind or nature, that result from any activities performed in connection with the occupation, installation, collocation, maintenance, inspection, repair, or replacement of a Wireless Facility, Wireless Support Structure, City-Owned Pole, or Utility Pole in the public right-of-way. The Wireless Provider shall restore such areas, structures, and systems to the same functional equivalence that existed prior to the activity that necessitated the repairs. The Wireless Provider shall maintain all Wireless Facilities, Wireless Support Structures, and other facilities and system elements in a neat and clean manner.

(8)

Small Wireless Facilities shall not be permitted in historic districts, except in compliance with the FCC's Nationwide Programmatic Agreement for the Collocation of Wireless Antennae Executed by the FCC, the National Conference of State Historic Preservation Officers, and the Advisory Council on Historic Preservation.

(9)

All Small Wireless Facilities, Wireless Support Structures, new or replacement Utility Poles and City-Owned Poles, and their associated Wireless Facilities shall be camouflaged, disguised, hidden, and blended in with the surrounding environment to the maximum extent practicable.

(10)

No Wireless Facility may bear any signs or advertising devices other than certifications, warnings, or other information, as required by federal or state law and/or regulation or by the City Code.

(11)

New Wireless Facilities on existing poles shall comply with otherwise applicable rules imposed by the pole owner and City including, when applicable, the National Electric Safety Code.

(c)

Undergrounding Provisions. Applicants for use of a City right-of-way shall comply with the City's undergrounding requirements, prohibiting the installation of above-ground structures in the City rights-of-way, without prior zoning approval, provided the City's requirements (i) are non-discriminatory with respect to the type of utility, (ii) do not prohibit the replacement of structures existing at the time of the requirements' adoption, and (iii) allow for a waiver process. Applicants may seek a special use permit to place above-ground structures in areas where the undergrounding requirements apply.

Notwithstanding anything to the contrary herein, in no instance shall a utility pole, City-Owned Pole, or Wireless Support Structure exceed forty (40) feet above ground level in any area zoned single-family residential, where the existing utilities are installed underground, unless the City grants a waiver or variance approving a taller Utility Pole, City-Owned Pole, or Wireless Support Structure. Such waiver shall be requested in writing by the applicant, and shall be approved by the City Manager, in consultation with the Planning Director and the Public Works Director.

913.6

Effect of Permit

(a)

Authority Granted; No Property Right or Other Interest Created. A Permit from the City authorizes an Applicant to undertake only certain activities in accordance with, and subject to, this Chapter and any other party's pre-existing rights in the right-of-way. A Permit from the City does not create a property right or grant authority to the Applicant to impinge upon the rights of others who may already have an interest in the rights-of-way.

(b)

Duration. Construction of a collocation of a Small Wireless Facility shall commence within six (6) months of approval and shall be activated for use (operational) no later than one (1) year from the Permit issuance date, unless the City and the Applicant agree to extend this period or a delay is caused by a lack of commercial power at the site. If construction of the collocation is not commenced within six (6) months of approval, the Permit will automatically expire six (6) months following approval. If the Small Wireless Facility is not activated/placed into operation within one (1) year from the date of the Permit's issuance, the Permit will automatically expire one [1] year from the date of the Permit's issuance.

(c)

Post Construction. The Applicant must submit as-built drawings in an acceptable GIS format, as determined by City staff, in its sole and absolute discretion, as soon as reasonably practicable, but no later than one-hundred-twenty (120) days after the completion of the installation or collocation and, in no event, later than fifteen (15) months following the date of the Permit's issuance. The Applicant shall submit and maintain current contact information for the party responsible for the Wireless Facility, on a form to be supplied by the City.

913.7

Removal, Relocation or Modification of Small Wireless Facility in the ROW

(a)

Notice. Within ninety (90) calendar days following written notice from the City, the Wireless Provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change, or alter the position of any Small Wireless Facilities within the right-of-way, if the City has determined, in its sole and absolute discretion, that such protection, support, disconnection, removal, relocation, change, or alteration, is necessary for the construction, installation, operation, inspection, maintenance, repair, rehabilitation, expansion, relocation, or removal of any City improvement or the provision or continuation of the City's operations or services in, upon, over, or under the City's right-of-way.

(b)

Emergency Removal or Relocation of Facilities. The City retains the right and privilege to disconnect, cut, modify/alter, move, or remove any Small Wireless Facility, Wireless Support Structure, Utility Pole, or City-Owned Pole located within the rights-of-way of the City, as the City, in its sole and absolute discretion, determines is necessary, appropriate, or useful in response to any public health or safety need or emergency. If circumstances permit, as the City, in its sole and absolute discretion shall determine, the City shall notify the Wireless Provider and afford the Wireless Provider an opportunity to move its own facilities prior to disconnecting, cutting, modifying/altering, moving, or removing a facility. The City shall, in any event, notify the Wireless Provider after disconnecting, cutting, modifying/altering, moving, or removing a Small Wireless Facility if the City has not already notified the Wireless Provider.

(c)

Abandonment of Facilities. The City may require a Wireless Services Provider to remove an abandoned Wireless Facility within one-hundred-eighty (180) days of abandonment. Should the Wireless Services Provider fail to timely remove the abandoned Wireless Facility, the City may cause such Wireless Facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the Wireless Services Provider. A Wireless Facility shall be deemed abandoned at the earlier of the date that the Wireless Services Provider indicates, in any way, that it is abandoning such facility or the date that is one-hundred-eighty (180) days after the date that such Wireless Facility ceases to transmit a signal, unless the Wireless Services Provider gives the City reasonable evidence that it is diligently working to place such Wireless Facility back in service.

(d)

Liability; Assumption of the Risk. Applicant, by applying for and accepting a Permit, assumes all risk of liability for damages that may occur to Persons or property on account of the collocation, installation, occupation, presence, existence, operation, maintenance, modification, repair, replacement, relocation, or removal of the facilities covered by the Permit, or the proposed work, whether completed by the Applicant or the Applicant's agent or contractor. Applicant shall procure and maintain in continuous effect, for the duration of the encroachment, liability insurance to protect the City from liability and damages on account of injuries to workers, as provided by law, and to protect the City from liability and damages occasioned by the collocation, installation, presence, existence, occupation, operation, maintenance, modification, repair, replacement, relocation, or removal of the facilities covered by the Permit, or the proposed work, whether completed by the Applicant or the Applicant's agent or contractor, and from any liability or damages pertaining to the City's disconnection, cutting, modification/alteration, removal, or relocation of any Wireless Facilities, Wireless Support Structures, Utility Poles, or City-Owned Poles Applicant has installed or modified or on which Applicant has collocated. Applicant shall provide the City, together with the Application and, thereafter, within ten (10) calendar days of demand, original, signed certificates of insurance to show that the Applicant carries insurance in the required levels and coverages, as specified by the City's Risk Management Office. Applicant shall also provide the City certificates of insurance from any subcontractors the Applicant engages to perform work pursuant to the Permit. Both the Applicant's and its subcontractors' insurance certificates shall name the City an additional insured (in the Applicant's case, for the duration of the encroachment; in the Applicants' subcontractors' cases, for the duration of the work the subcontractors perform and for one (1) year thereafter).

(e)

Release, Indemnification, and Covenant Not to Sue. By applying for and accepting a Permit, Applicant agrees to release, defend, indemnify, and hold harmless the City and its Council, boards, commissions, officials, officers, agents, volunteers, and employees from and against any and all losses, damages, liabilities, claims, demands, suits, costs, and expenses, including, but not limited to, court costs and reasonable attorneys' fees, resulting from the Applicant's alleged and actual acts or omissions, or those of its officers, agents, or employees, in connection with the permitted work or the collocation, installation, occupation, presence, existence, operation, maintenance, modification, repair, replacement, relocation, or removal of the facilities covered by the Permit. This indemnity provision shall be applicable regardless of the merit or outcome of such claim or suit. By applying for accepting a Permit, Applicant also covenants not to sue over mater released herein.

913.8

Attachment to City-Owned Poles in the Rights-of-Way

(a)

Exclusivity. Any arrangement with any Person for the right to collocate on City-Owned Poles shall not be exclusive.

(b)

Collocation on City-Owned Poles. Any Wireless Provider may collocate on City-Owned Poles on just, reasonable, and non-discriminatory rates, terms, and conditions, subject to the requirements of this Ordinance, the Applicable Codes, City Code, and other applicable federal and state laws, rules, and regulations. A request to collocate under this section may be denied only if there is insufficient capacity or for reasons of safety, reliability, and generally applicable engineering principles, and those limitations cannot be remedied by rearranging, expanding, or otherwise reengineering the facilities at the reasonable and actual cost of the City, to be reimbursed by the wireless provider. In granting a request under this section, the City shall require the requesting entity to comply with applicable safety requirements, including the National Electrical Safety Code and the applicable rules and regulations issued by the Occupational Safety and Health Administration.

(c)

Rates, Terms, and Conditions. Following receipt of the first request from a Wireless Provider to collocate on a City-Owned Pole, the City Manager or the City Manager's designee shall, within sixty (60) days, establish the rates, terms, and conditions for the use of, or attachment to, City-Owned Poles. Notwithstanding anything else in this section, the rate for collocation of Small Wireless Facilities on City-Owned Poles shall not exceed fifty dollars ($50) per City-Owned Pole, per year.

(d)

Make-Ready Work. The City will provide a good-faith estimate for any make-ready work necessary to enable the City-Owned Pole to support the requested collocation, including pole replacement, if necessary, and to meet the City Code, Applicable Codes, or industry standards, within sixty (60) days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within sixty (60) days of the written acceptance of the good-faith estimate by the Applicant. Fees for make-ready work shall not include costs related to pre-existing or prior damage or non-compliance or any consultant fees or expenses.

(Ord. of 1-15-2019, § 1; Ord. of 1-19-2021, § 8)