Liberty City Zoning Code
SPECIAL USE
REGULATIONS
§ 154.190 INTENT.
(B) The Town Council is aware of its responsibility to protect the public health, safety and general welfare and believes that certain uses which, now or in the future, may be included on this list are appropriately handled as special uses, subject to review in relation to general and specific requirements, rather than as uses permitted by right.
(D) It is the express intent of the Town Council to delineate the areas of concern connected with each special use and to provide standards by which applications for special use shall be evaluated.
(1981 Code, § 801) (Ord. passed 6-28-2004)
§ 154.191 GENERAL STANDARDS.
(A) The Town Council shall find that the following general standards shall be met by all applicants for approval of special uses:
(1) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
(2) That the use meets all required conditions and specifications;
(3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
(4) That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of Liberty and its environs.
(B) The Town Council shall make these general findings based upon substantial evidence contained in its proceedings.
(C) It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special use.
(1981 Code, § 802) (Ord. passed 6-28-2004)
§ 154.192 PROCEDURE FOR SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR
(A) Application submitted to Zoning Administrator.
(1) Application for a special use shall be filed with the Zoning Administrator, who shall, before accepting any application, ensure that it contains all required information, as specified in § 154.195 below.
(2) The deadline for filing of applications for a special use will normally be 5:00 p.m. on the day, which is 30 days prior to the date of the Town Council meeting for which the public hearing is to be set.
(3) The Town Manager, acting as agent for the Town Council, shall schedule each complete application for a public hearing.
(4) Hearings dates may be established for a regular or special meeting of the Town Council; however, the Manager shall not schedule a combined total of more than 5 hearings on amendments to this chapter, special use permits and conditional use permits at any meeting of the Town Council.
(5) Applications which are not complete, or otherwise do not comply with the provisions of this chapter, shall not be accepted by the Zoning Administrator, but shall be returned forthwith to the applicant, with a notation by the Zoning Administrator of the deficiencies in the application.
(B) Planning Director prepares analysis.
(1) The Zoning Administrator shall cause an analysis to be made of the application for consideration by the Town Council.
(2) The analysis shall be a written report which shall be submitted to the Town Council prior to the meeting at which the public hearing described in division (E) below is to be held.
(C) Public hearing required; notice specified. Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by the Town Council to receive evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special use.
(D) Notice. The Zoning Administrator shall give public notice of the date, time and place of the public hearing. The notice shall be as required by the G.S. Ch. 160A.
(E) Action on the application. After completion of the public hearing, the Town Council shall take action upon the application. This action shall be 1 of the following:
(1) Approval;
(2) Approval with conditions attached; or
(3) Denial. In every case, the action of the Town Council shall include a summary of the evidence supporting the action taken by it on the application.
(F) Action subsequent to the decision.
(1) The Zoning Administrator shall cause notice of the disposition of the application to be sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning Administrator.
(2) The Zoning Administrator, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the Council’s action.
(3) The permit shall include and be based upon plans as approved by the Town Council.
(1981 Code, § 803) (Ord. passed 6-28-2004)
§ 154.193 IMPOSED CONDITIONS.
(A) In granting a special use permit, the Town Council may impose additional reasonable and appropriate special requirements upon a permit as it may deem necessary in order that the purpose and intent of this chapter is served, public welfare secured and substantial justice done.
(B) If all requirements and conditions are accepted by the applicant, the Town Council shall authorize the issuance of the special use permit, otherwise the permit shall be denied.
(C) The conditions of a valid special use permit shall run with the land and shall be binding on the original applicant(s) as well as all successors, assigns and heirs.
(1981 Code, § 804) (Ord. passed 6-28-2004)
§ 154.194 DISCONTINUANCE OF PERMITTED ACTIVITY.
(A) If any special use is discontinued for a period of 180 days or replaced by a use otherwise permitted in the zoning district, it shall be deemed abandoned and the special use permit shall be null and void and of no effect.
(B) The owner shall demonstrate that the special use has not been discontinued for a period exceeding 180 days or has not been replaced by a use otherwise permitted to maintain a valid special use permit.
(1981 Code, § 805) (Ord. passed 6-28-2004)
§ 154.195 CONTENTS OF APPLICATION FOR A SPECIAL USE.
(A) The application for a special use shall be submitted on forms provided by the Zoning Administrator. The forms shall be prepared so that, when completed, a full and accurate description of the proposed use, including its location, appearance and operational characteristics shall be disclosed.
(B) A site plan shall be included with the application which details how requirements of § 154.269 will be met along with the information needed to indicate compliance with the specific special use requested.
(C) Additionally, the forms shall, when completed by the applicant, disclose the name(s) and address(es) of the owner(s) of the property involved, the name(s) and address(es) of the applicant, if different from the owner(s) and all relevant information needed to show compliance with the general and specific standards governing the special use which is the subject of the application.
(1981 Code, § 806) (Ord. passed 6-28-2004)
§ 154.196 MINOR CHANGES TO BE APPROVED BY ZONING ADMINISTRATOR; MODIFICATIONS REQUIRE ACTION BY TOWN COUNCIL.
(A) The Zoning Administrator is authorized to approve minor changes in the approved plans of special uses, as long as they are in harmony with action of the approving body, but shall not have the power to approve changes that constitute a modification of the approval.
(B) A modification shall require approval of the Town Council and shall be handled as a new application.
(C) The Zoning Administrator shall use the following criteria in determining whether a proposed action is a minor change or a modification:
(1) Any change in location or any increase in the size or number of signs shall constitute a modification;
(2) Any increase in intensity of use shall constitute a modification. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in number of dwelling or lodging units, and/or an increase in outside land area devoted to sales, displays or demonstrations;
(3) Any change in parking areas resulting in an increase or reduction of 5% or more in the number of spaces approved by the Town Council shall constitute a modification. In no case shall the number of spaces be reduced below the minimum required by the ordinance;
(4) Structural alterations significantly affecting the basic size, form, style, ornamentation and the like of the building as shown on the approved plan shall be considered a modification;
(5) Substantial change in the amount and/or location of open space, recreation facilities or landscape screens shall constitute a modification;
(6) A change in use shall constitute a modification; and
(7) Substantial changes in pedestrian or vehicular access or circulation shall constitute a modification.
(D) The Zoning Administrator shall, before making a determination as to whether a proposed action is a minor change or a modification, review the record of the proceedings on the original application for the approval of the special use.
(E) The Zoning Administrator shall, if he or she determines that the proposed action is a modification, require the applicant to file a request for approval of the modification, which shall be submitted to the Town Council. The Council may approve or disapprove the application for approval of a modification.
(1981 Code, § 807) (Ord. passed 6-28-2004)
§ 154.197 GENERAL COMPLIANCE WITH THIS CHAPTER.
In addition to the specific conditions imposed by the regulations in this chapter and whatever additional conditions the Town Council deems reasonable and appropriate, special uses shall comply with all regulations set forth in this chapter.
(1981 Code, § 808) (Ord. passed 6-28-2004) Penalty, see § 10.99
§ 154.198 FAILURE TO COMPLY WITH PLANS AND CONDITIONS OF THE PERMIT.
(A) In the event of failure to comply with the plans approved by the Town Council or with any conditions imposed upon the special use permit, the permit shall thereupon immediately become void and of no effect.
(B) No building permits for further construction or certificate of occupancy under this special use permit shall be issued, and all completed structures shall be regarded as non-conforming uses subject to the provisions of §§ 154.190 through 154.239 of this chapter; provided however, that the Town Council shall not be prevented from thereafter rezoning the property for its most appropriate use.
(1981 Code, § 809) (Ord. passed 6-28-2004)
§ 154.199 WITHDRAWAL OF APPLICATION.
An applicant may withdraw his or her or her application at any time by written notice to the Town Manager.
(1981 Code, § 810) (Ord. passed 6-28-2004)
§ 154.200 EFFECT OF DENIAL ON SUBSEQUENT PETITIONS.
When the Town Council shall have denied an application the Town Council shall not receive another application for the same special use, affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial.
(1981 Code, § 811) (Ord. passed 6-28-2004)
§ 154.201 APPEALS.
(A) No appeal may be taken to the Board of Adjustment from the action of the Town Council in granting or denying a special use permit.
(B) Every final decision of the Town Council shall be subject to review by the Superior Court of Randolph County by proceedings in the nature of certioraris.
(1981 Code, § 812) (Ord. passed 6-28-2004)
§ 154.202 FEES.
Fees for filing applications for special uses shall be set by the Town Council.
(1981 Code, § 813) (Ord. passed 6-28-2004)
§ 154.203 STANDARDS APPLICABLE TO INDIVIDUAL SPECIAL USES.
In addition to the general standards contained in § 154.191 above, the following specific standards for individual special uses shall be used in deciding upon applications for special uses.
(1981 Code, § 814) (Ord. passed 6-28-2004)
§ 154.204 ADULT DAY CARE FACILITIES FOR MORE THAN THIRTY CLIENTS.
Adult day care facilities for more than 30 clients may be permitted in B1 and B2 districts provided that the following requirements are met:
(A) Adult day care facilities must meet the standards provided by the Division of Social Services. Evidence that standards are met shall be presented to the town prior to any certificate of zoning compliance being issued;
(B) Facilities permitted in any B1 and B2 Districts or that are contiguous to any residential district shall provide screening around parking areas to avoid any nuisance to adjoining residentially zoned property;
(C) Facilities permitted in any residential district shall maintain the character and appearance of a residential use;
(D) All facilities shall meet the standards of the North Carolina Building Code;
(F) Applications for permits under this section shall be accompanied by a site plan or plat which includes the location of all structures; parking areas including ingress, egress and maneuvering space; required screening; permitted signs and additional information as may be necessary to indicate compliance with these regulations.
(1981 Code, § 815) (Ord. passed 6-28-2004)
§ 154.205 AIRPORT; HELIPORT.
An airport/heliport may be permitted in I and IP districts subject to the following requirements:
(A) Airport/heliport developments shall meet the requirements of the FAA;
(B) In addition to site plans required, a full master plan including plans or information detailing flight approach patterns and noise cones shall be presented. All plans shall be drawn by a registered professional authorized to design airports;
(C) Airports/heliports shall be so located and designed as to minimize disturbance of residential areas located outside of approved noise cone contours;
(D) No structures, runways, taxiways, tiedown areas, parking lots, towers, beacons and the like, shall be located within 50 feet of any property line;
(E) No petroleum storage tanks or refueling facilities shall be located within 100 feet of any property line;
(F) All outdoor lighting except navigational, safety and other lighting related to aircraft operations, shall be so designed as to not disturb adjoining properties;
(1981 Code, § 816) (Ord. passed 6-28-2004)
§ 154.206 CHILD DAY CARE FACILITIES IN DISTRICTS WHERE THOSE FACILITIES REQUIRE A SPECIAL USE PERMIT.
Child day care facilities may be permitted provided that the following requirements are met:
(A) Child day care facilities must meet the standards provided by the Child Day Care Commission. Evidence that Commission requirements are met shall be presented to the town prior to any certificate of zoning compliance being issued;
(B) Child day care facilities may be permitted in Industrial Districts provided they are operated as an accessory use to a legal permitted use;
(C) Facilities permitted in any Residential, R6 RMF and B1 and B2 Districts or that are contiguous to any residential district shall provide screening around play areas and parking areas to avoid any nuisance to adjoining residentially zoned property;
(D) Facilities permitted in any residential district shall maintain the character and appearance of a residential use;
(E) All facilities shall meet the standards of the North Carolina Building Code;
(G) Applications for permits under this section shall be accompanied by a site plan or plat which includes the location of all structures; parking areas including ingress, egress and maneuvering space; play areas; required screening; permitted signs and additional information as may be necessary to indicate compliance with these regulations.
(1981 Code, § 817) (Ord. passed 6-28-2004)
§ 154.207 COLLEGES; UNIVERSITIES.
A parochial or private college or seminary shall be permitted in R40, R12, R6 and RMF districts subject to the following standards. Customary accessory uses to colleges shall also be permitted. This does not include sorority or fraternity houses.
(A) The site for any parochial or private college or seminary shall have an area of at least 10 acres, plus 5 acres for each 100 pupils, or major portion thereof, in excess of 400 pupils. A site shall have a frontage on a major or minor thoroughfare as shown on the Liberty Thoroughfare Plan.
(B) (1) All buildings shall be located at least 100 feet from street lines and at least 50 feet from all other property lines.
(2) Grandstands, gymnasiums, central heating plants and similar buildings shall be set back at least 100 feet from all property lines.
(3) The distance between buildings shall be at least the height of the taller building. Total coverage of the site by all buildings shall be limited to 30%.
(4) Dormitories and single-family dwellings shall be permitted as accessory buildings, provided that the minimum area of the site shall be increased by at least 1,000 square feet for each dormitory bed and by at least the minimum lot area of the applicable zoning district for each single-family dwelling.
(5) Use of dormitories or dwellings shall be limited exclusively to students, teachers or other members of the staff of the school or college, and a dormitory or dwelling shall not subsequently be sold or rented as a private residence, or for any other legal use, unless the building and any required lot surrounding it shall meet all regulations of the district in which it is located.
(C) Any playgrounds or playfields shall be located not closer than 50 feet to any property line.
(1981 Code, § 818) (Ord. passed 6-28-2004)
§ 154.208 COMBUSTIBLE LIQUID STORAGE IN QUANTITIES GREATER THAN TWO THOUSAND BUT LESS THAN ONE-HUNDRED THOUSAND-GALLONS’ AGGREGATE.
Combustible liquid storage, above ground, for wholesale or retail distribution of more than 2,000 but less than 100,000 gallons aggregate storage capacity, may be permitted in I1 and IP Industrial Districts subject to the following requirements:
(A) The requirements of the NFPA Standards shall be met;
(B) All storage tanks and loading facilities shall be located at least 25 feet from any exterior property line;
(C) All storage tanks and loading facilities shall be located at least 100 feet from any exterior property line bordering a residential district;
(D) As a prerequisite to the approval of a special use permit, the Town Council shall find that the use of the proposed site for petroleum storage will not endanger the safety of residential or other properties in the area, and that vehicular access to the storage facility will be provided from major thoroughfares and will not require the use of residential streets for access to the site;
(1981 Code, § 819) (Ord. passed 6-28-2004)
§ 154.209 COMBUSTIBLE LIQUID STORAGE IN QUANTITIES GREATER THAN ONE-HUNDRED THOUSAND-GALLONS’ AGGREGATE.
Combustible liquid storage, above ground, for wholesale or retail distribution of more than 100,000-gallons’ aggregate storage capacity, may be permitted in I Industrial Districts subject to the following requirements:
(A) The requirements of the NFPA Standards shall be met;
(B) All storage tanks and loading facilities shall be located at least 50 feet from any exterior property line;
(C) All storage tanks and loading facilities shall be located at least 150 feet from any exterior property line bordering a residential district;
(D) As a prerequisite to the approval of a special use permit, the Town Council shall find that the use of the proposed site for petroleum storage will not endanger the safety of residential or other properties in the area, and that vehicular access to the storage facility will be provided from major thoroughfares and will not require the use of residential streets for access to the site;
(1981 Code, § 820) (Ord. passed 6-28-2004)
§ 154.210 CONGREGATE LIVING FACILITIES; NURSING HOME; GROUP HOME.
Congregate living facilities shall be permitted in R40, R12, R6 and RMF subject to the following requirements:
(A) No like use shall be established within 1,200 feet of another a use or a professional residential facility;
(B) Evidence shall be submitted that the requirements and standards of the North Carolina Department of Social Services have been and shall continue to be met;
(C) No external evidence of a use, distinguishing the living facility from a regular dwelling, shall be visible from adjacent property, public or private; and
(D) Each facility shall be designed and built to appear as similar to a residential structure as possible.
(1981 Code, § 821) (Ord. passed 6-28-2004)
§ 154.211 CULTURAL FACILITY.
Cultural facilities may be permitted in R40, R12, R6 and RMF districts subject to the following requirements:
(A) Facilities shall have a minimum of 2 acres within the zoning lot;
(B) No structures or parking areas may be located within 50 feet of any zoning lot line;
(F) The parking areas and walkways shall be illuminated for public safety at night. However, lighting shall be designed so as not to disturb adjacent properties.
(1981 Code, § 822) (Ord. passed 6-28-2004)
§ 154.212 DWELLING MULTI-FAMILY UP TO .35 FAR.
Multi-family dwelling units may be permitted in RMF districts with a FAR of up to .35 subject to the following requirements:
(A) Developments shall have a minimum of 1 acre of land;
(B) The yard regulations and height regulations set forth in § 154.066 may be modified for multifamily dwelling units, provided that for the development as a whole, the maximum permitted FAR shall not be exceeded;
(C) Points of access and egress shall consist of a driveway or roadway at least 20 feet in width and shall be located a sufficient distance from highway intersections to minimize traffic hazards, inconvenience and congestion;
(E) Adequate water service and sanitary and storm sewerage shall be provided. Plans for a publicly maintained systems shall be designed by a registered engineer and submitted as part of the application for SUP;
(G) General landscaping, including parking lot landscaping, shall be installed and maintained. Plans indicating landscaping shall be submitted as part of the application;
(H) A soil erosion and sediment control plan shall be submitted to and approved by the appropriate agency prior to the issuance of a zoning compliance permit;
(I) (1) The parking areas and walkways shall be illuminated for public safety at night.
(2) However, lighting shall be designed so as not to disturb adjacent properties; and
(1981 Code, § 823) (Ord. passed 6-28-2004)
§ 154.213 EXTRACTION OF EARTH PRODUCTS.
Extraction of earth products may be permitted in all districts subject to the following requirements.
(A) Required submissions. In addition to the information required for all applications for approval of special uses, the following shall be submitted as part of the application:
(1) Three copies of site plan, prepared by a North Carolina registered land surveyor or engineer, which shall contain the following:
(a) North point, scale and date;
(b) Extent of area to be excavated or mined;
(c) Locations, width and elevation of all easements and rights-of-way within or adjacent to the extraction site;
(d) Location of all existing or proposed structures on site;
(e) Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soils map;
(f) Location of all water courses on the site, including direction of flow and normal fluctuation of flow;
(g) Actual field topography survey at a contour interval of 5 feet based on mean sea level datum;
(h) Proposed handling and storage areas for overburden, byproducts and excavated materials;
(i) Proposed fencing, screening and gates; parking, service and other areas;
(j) Any areas proposed for ponding; and
(k) Access roads to the site, as well as on-site roads, with indication of surface treatment to limit dust. Sight distances on all roads used for access to the site shall be shown.
(2) An operations plan, which shall include:
(a) The date proposed to commence operations and their expected duration;
(b) Proposed hours and days of operations;
(c) Estimated type and volume of extraction;
(d) Description of method of operation, including the disposition of topsoil, overburden and byproducts;
(e) Description of equipment to be used in the extraction process;
(f) Any phasing of the operation and the relationship among the various phases; and
(g) Operating practices which will be followed to comply with the performance standards applicable to the operation.
(3) A rehabilitation plan, which shall include:
(a) A statement of planned rehabilitation of the excavated land, including detailed methods of accomplishment and planned future use of the rehabilitated land;
(b) A map showing the final topography, after rehabilitation, to the same scale as the site plan, it shall also depict any water areas and methods for preventing stagnation and pollution thereof, landscaping and ground cover proposed to be installed and the amount and type of backfill to be employed, if any;
(c) A phasing and timing plan, related to the phasing and timing portion of the operations plan, showing the progression of the rehabilitation and the date when it will be complete;
(d) The method of disposing of all equipment, structures, dikes and spoil piles associated with the operations;
(e) The name, address and signatures of land owners and applicants;
(f) A written legal description of survey of the property, prepared by a North Carolina registered land surveyor or engineer; and
(g) A fee, as set by the Town Council.
(B) Standards for evaluation. The following standards shall be used in evaluating an application for a permit to conduct extraction of earth products:
(1) All operations associated with extraction shall conform to the following performance standards.
(a) Direct illumination resulting from the operation shall not fall upon any land not covered by the application.
(b) Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards:
1. Between 7:00 a.m. and 7:00 p.m.: 68 dBA; and
2. Between 7:00 p.m. and 7:00 a.m.: 58 dBA.
(c) Vibration levels at the boundaries of the extraction site shall not exceed the following standards: maximum peak particle velocity: steady state=1.0 inches/second; and impact=2.0 inches/second.
(d) Note: The maximum particle velocity shall be the product of 2 times the frequency in cycles per second times the sum of 3 mutually perpendicular displacement components recorded simultaneously. For purposes of this chapter, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute, shall be considered impact vibrations. Maximum air blast vibration, measured at the lot lines of the zoning lot containing the extractive use, shall be 125 decibels on the linear scale.
(2) The Rehabilitation Plan shall be referred to the Randolph County Soil and Water Conservation District for review and recommendation, which shall not be binding upon the Town Council, in particular regarding the landscape material specified, the planting and maintenance proposed to insure continuous growth and development, and the acceptability of the proposals for the handling of lakes, pondsand the like;
(3) The permanent roads, defined as those to be used in excess of 1 year, within the excavation site shall be surfaced with a dust-free material such as soil cement, bituminous concrete or portland cement concrete from the nearest public road to the yard area. Also, all permanent roads located within 300 feet of residentially zoned and shall be treated the same;
(4) Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the Operations Plan, which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action. Properly operated water wagons shall be an acceptable method of dust inhibition;
(5) Where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building or public land, a security fence at least 6 feet high shall be installed;
(6) Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle of repose;
(7) The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with extraction; and
(8) (a) The Town Council shall require, for all extractive uses, a performance guarantee to ensure that the provisions of the Rehabilitation Plan are met.
(b) Performance guarantees shall be in a form approved by the town.
(c) The amount of the guarantee shall cover the cost of rehabilitation.
(d) The applicant's engineer shall certify the costs of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the State of North Carolina.
(e) If the rehabilitation costs exceed the amount required by the state, then the difference shall be made up in a bond to the Town of Liberty.
(1981 Code, § 824) (Ord. passed 6-28-2004)
§ 154.214 GOLF COURSE.
Golf courses shall be permitted in R40, and R12 Districts subject to the following regulations:
(A) If the proposed development includes development lots or housing, the requirements of the Liberty Subdivision Chapter shall be met;
(B) No building other than residential structures shall be located within 100 feet of any property line;
(C) No green shall be located within 150 feet of any property line;
(D) Lighting shall be so shielded as to cast no direct light upon adjacent property;
(1981 Code, § 825) (Ord. passed 6-28-2004)
§ 154.215 HOME OCCUPATIONS.
Home occupations requiring a SUP hearing shall be permitted subject to the following regulations:
(A) The approval of a home occupation shall be for a specific use as requested in the application;
(B) The outside appearance of the dwelling unit shall not change due to the home occupation;
(C) The home occupation shall not generate traffic, parking, sewage or water use in excess of that which is normal in a residential district;
(D) The home occupation shall not create a hazard to persons or property or as a nuisance per se or per accident;
(E) The home occupation shall not utilize any accessory structure;
(F) The home occupation shall not be permitted any outdoor storage or display of anything;
(G) No advertising signs shall be permitted;
(I) In addition to site plan required by this subchapter, information or plans indicating compliance with the above regulations shall be submitted with the SUP application.
(1981 Code, § 826) (Ord. passed 6-28-2004)
§ 154.216 JUNKYARDS.
Junkyards shall be permitted in I District subject to the following requirements:
(A) The site shall have direct access to a major or minor thoroughfare as shown on the Liberty Thoroughfare Plan;
(B) No activities shall be permitted within 200 feet of any residential district;
(D) No materials shall be stored closer than 30 feet from the zoning lot lines;
(E) Plans for handling hazardous materials shall be submitted along with the application for a special use permit which indicates compliance with all applicable regulations;
(G) No materials shall be permitted to accumulate outside of screened areas or within any public rights-of-way; and
(H) Storage of combustible materials shall be in accordance with NFPA standards. The Fire Department with jurisdiction over this proposed site shall review plans for storage of combustible materials. A statement of compliance with NFPA standards shall be submitted along with the application for SUP. In no case, shall combustible materials be permitted within 30 feet of a zoning lot line.
(1981 Code, § 827) (Ord. passed 6-28-2004)
§ 154.217 LANDFILLS; SANITARY.
Sanitary landfills may be permitted in Il District subject to the following requirements:
(A) The site shall have direct access to a major/minor thoroughfare or a state secondary road as shown on the Liberty Thoroughfare Plan, or a road designed for commercial vehicles, which connects directly to the street. No access shall be through local residential streets;
(B) The site shall be fenced by a 6-foot high fence or masonry wall;
(C) The landfill shall not be located:
(1) Within 100 feet of any right-of-way line of a publicly-owned road, street or highway;
(2) Within 100 feet of the boundary line of a publicly-owned drainage or utility easement;
(3) Within 500 feet of any interior lot line; or
(4) Within 1,000 feet of a school, measured along the shortest distance between the perimeter of the landfill and the boundary of the property upon which the school is situated;
(D) The developer shall provide the following information, in addition to the general information required in § 154.191 above:
(1) The haul routes and points of access to the property;
(2) The proposed date that the land alteration will commence and the projected date of completion;
(3) Evidence that all requirements of the State of North Carolina and the United States have been and shall continue to be met;
(4) An explanation of the volume of waste to be received, expressed in cubic yards per day or tons per day;
(5) An explanation of the type of landfill requested and type of wastes to be received; and
(6) A statement specifying the hours of operation.
(1981 Code, § 828) (Ord. passed 6-28-2004)
§ 154.218 MANUFACTURING, PROCESSING AND ASSEMBLY; LIGHT.
Light manufacturing activities may be permitted in the B2 district subject to the following standards:
(B) The applicant shall have adequate utilities (water, sewerage and the like) so that the proposed operation shall meet the requirements of the Town Fire, Building Inspection and Engineering Departments;
(C) The activity shall not endanger, damage or have any other undesirable effects upon nearby non-industrial development by reason of its existence and operation;
(E) Approvals granted under this section shall be for 1 specific use, to be identified by the applicant at the time of application, and shall not be transferable to other light industrial uses. Requests for changes in use shall be covered by the submission of a separate special use permit application; and
(F) LIGHT MANUFACTURING, PROCESSING AND ASSEMBLY as permitted by this SUP shall mean activities which are conducted within a fully enclosed structure, require no outdoor storage, utilizes no boilers or other equipment in excess of 25 HP individually, and employ a total of 10 or fewer employees.
(1981 Code, § 829) (Ord. passed 6-28-2004)
§ 154.219 MOBILE AND MANUFACTURED HOME PARKS.
Mobile home parks may be permitted in an R40 District, subject to the following regulations. These regulations shall not apply to sales lots on which unoccupied mobile homes are parked:
(A) The minimum site area for a mobile home park shall be 1 zoning lot or parcel of land containing not less than 3 acres;
(B) A mobile home lot shall be a least 60 feet in width, and shall contain at least 6,000 square feet of area;
(C) Off-street parking spaces shall be provided within each mobile home park on the ratio of at least 2 spaces per mobile home lot;
(D) There shall be a front yard of at least 20 feet between any mobile home and the internal roadway. Where exterior property lines of the mobile home park are coincident with public street rights-of-way, all mobile homes and structures within the park along the rights-of-way shall observe the front yard setback from the right-of-way as required by this chapter;
(E) There shall be a side yard along each side of every mobile home lot. Each side yard shall be at least 10 feet wide. The distance between mobile homes, including any enclosed extension thereof, shall not be less than 20 feet. No mobile home shall be located closer than 15 feet to any exterior property line of the mobile home park or to any other structure on the premises;
(F) There shall be a rear yard of at least 20 feet between any mobile home and the rear of the lot on which it is located;
(G) All mobile home lots shall abut a roadway of not less than 25 feet in width, which shall provide unobstructed access to a public street or highway. These roadways shall be illuminated to ensure the safe movement of pedestrians and vehicles at night;
(I) Adequate water service and sanitary and storm sewerage shall be provided for each lot. Plans for publicly maintained systems shall be designed by a registered engineer and submitted as part of the application for SUP;
(J) The collection of trash and garbage and their disposal shall be provided for in a manner so as to maintain a clean and orderly appearance at all times. Plans to meet this requirement shall be submitted as part of the application for SUP;
(K) Each mobile home park shall have a minimum of 5% of the total area set aside and developed for recreational purposes. If a swimming pool is provided, it shall be separated from other uses by a fence having a gate which is capable of remaining closed;
(L) The required plans shall show the topography of the site at contour intervals no greater than 5 feet; location and approximate size of all existing and proposed buildings and structures within the site; proposed points of ingress and egress together with the proposed pattern of internal circulation; location and dimensions of individual mobile home lots; location and types of screening to be provided; and the location and size of open play space and all other accessory features customarily incident to the operation of a mobile home park;
(M) Mobile home parks shall be subject to the regulations within the Flood Damage Prevention Chapter;
(O) Mobile homes offered for sale within the park shall not exceed 10% of the total approved spaces at any given time. Every mobile home offered for sale shall be located only on an approved mobile home space and shall be subject to the same locational requirements as any home within the park. No advertising signs for mobile home sales shall be permitted except 1 sign posted outside each mobile home offered for sale. Signs shall conform with the regulations in §§ 154.160 through 154.178; and
(P) Accessory structures may be permitted for uses such as laundries, offices, recreation, storage and the like. However, the total gross square foot of all building area shall not exceed 5% of the total approved park area.
(1981 Code, § 830) (Ord. passed 6-28-2004)
§ 154.220 PLANNED UNIT DEVELOPMENT.
Planned Unit Developments may be permitted in all districts subject to the following requirements:
(A) Planned Unit Developments may be permitted in any zoning district. However, only those uses ordinarily permitted by right, by SUP, or as an accessory within the district the development is to be located may be included in the development. Uses requiring a SUP must satisfy requirements for the permit;
(B) Review of an application for a PUD SUP shall occur simultaneously with a review of plats submitted in compliance with the Liberty Subdivision Chapter;
(C) PUDs shall be located so that they have direct access to major or minor thoroughfares as shown on the Liberty Thoroughfare Plan;
(D) Streets within a PUD may be public or private according to the regulations of the Liberty Subdivision Chapter;
(E) The yard and height regulations set forth in § 154.066 may be modified for a PUD, provided that, for the development as a whole, excluding driveways and streets but including parks and other permanent open spaces, there shall not be less than the required area per dwelling unit for the district in which the development is located;
(F) Utilities shall be planned and installed according to the Liberty Subdivision Chapter;
(G) Provisions and plans for garbage and waste collection shall be included with the application;
(K) General landscaping shall be installed and maintained. Plans indicating all required and nonrequired landscaping shall be submitted as part of the application; and
(L) Developments located within RMF, B1 and B2 districts may increase the permissible FAR to .35.
(1981 Code, § 831) (Ord. passed 6-28-2004)
§ 154.221 PUBLIC USE FACILITIES.
Public use facilities shall be reviewed by utilizing one of the following options.
(A) Town Council grants the authority to staff to issue all necessary permits for public use facilities that meet all regulatory requirements of this chapter.
(B) In cases where there is a deficiency in the ability of a public use facility to meet all regulatory requirements of this chapter, Town Council shall review the application for a public use facility and evaluate whether or not a special use permit shall be issued for the proposed public use facility solely on the basis of the general standards prescribed by § 154.191 of this chapter. For the limited purpose of evaluating public use facilities under § 154.191(A)(2), a public use facility shall be deemed to have satisfied this standard if a site plan has been submitted in accordance with this chapter.
(C) Notwithstanding the preceding provisions of § 154.221 of this chapter, a special use permit shall not be required for public facilities which are developed as part of a new residential subdivision. However, the following standards shall be met:
(1) The uses shall be restricted to waste treatment plants, water treatment, pumping stations, lift stations, telephone exchanges, electrical and distribution substation locations and similar uses required to serve the needs of the immediate residential, office and commercial districts. Specifically excluded are energy generation plants, freight and marshaling yards, terminals and similar uses.
(2) Buffers and screens shall be installed and maintained per § 154.082.
(5) All structures permitted under this section shall be planned and constructed to be harmonious with the area in which they are located. In addition to plans required, elevations shall be submitted indicating final appearance in compliance with this section.
(6) The parking areas and walkways shall be illuminated for public safety at night. However, such lighting shall be designed so as not to disturb adjacent properties.
(7) Any lot created for a public facility that is to be in public ownership shall not be required to meet lot area and width regulations as established in Table 154.066 Area, Height, Bulk and Placement Regulations. Such lots shall meet the regulations established in § 154.033.
(Ord. passed 8-8-2023)
§ 154.223 RECREATIONAL VEHICLE; TRAVEL PARKS AND CAMPS.
Recreational vehicle/travel parks and camps shall be permitted in R40 and B2 districts subject to the following regulations:
(A) Parks/camps shall have a minimum area of 2 acres;
(B) The minimum area occupied by any recreational vehicle or other camping structure shall be 1,500 square feet with a minimum width of 30 feet;
(C) A clearance of at least 20 feet shall be maintained between each recreational vehicle, camping structure and/or building within the park;
(E) All campsites shall abut a driveway which shall be paved and maintained in a serviceable condition to a continuous width of 25 feet. All interior drives shall have unobstructed access to a public street;
(F) The park/camp shall meet the standards for adequate fire protection as established by the latest edition of the National Fire Protection Association Bulletin No. 501-A;
(G) No recreational vehicle or other camping structure shall stay within any camp for a period of more than 30 days within a 6-month period;
(H) Parks/camps shall provide a service building containing toilet facilities provided as set forth below:
(1) For each 8 spaces or fraction thereof, there shall be provided the following:
(a) Male toilets to include 1 commode, 1 urinal, 1 lavatory and 1 shower;
(b) Female toilets to include 2 commodes, 1 lavatory and 1 shower; and
(c) Both toilets shall provide an adequate supply of hot and cold running water.
(2) All garbage and refuse in every park/camp shall be stored in a suitable watertight and fly-tight standard garbage receptacle and shall be kept covered with tight fitting covers. At least 1 like receptacle shall be provided and conveniently located for every campsite except where a dumpster or dumpsters are conveniently located and used in the same manner as separate receptacles. It shall be the duty of the park/camp operator to see that all garbage and refuse is disposed of regularly. It shall also be the duty of the park/camp operator to see that no materials which attract insects or rodents is stored or allowed to remain on the premises. All areas of the premises shall be kept clean and free from weeds or undergrowth.
(I) Signage shall be limited to 1 ground sign per establishment. The sign shall not exceed 16 square feet, may be illuminated and shall be an identification sign only. Location of sign shall be governed by sign regulations for the R40 district. No advertising signs of any nature shall be permitted.
(1981 Code, § 834) (Ord. passed 6-28-2004)
§ 154.224 PUBLIC, PRIVATE ELEMENTARY AND HIGH SCHOOLS.
A public or private elementary or high school shall be permitted in any district except the I1 and IP districts, subject to the following standards, provided that it is a school in compliance with the North Carolina Compulsory Attendance Law. Customary accessory uses to schools shall also be permitted.
(A) The site for any private or public K to 5 school shall have an area of at least 3 acres, plus 1/2 acre for each 100 pupils, or major portion thereof, in excess of 300 pupils. A site shall have frontage on a suitable improved public street.
(B) The site for any public or private 6 to 12 school shall have an area of at least 5 acres, plus 1 acre for each 100 pupils, or major portion thereof, in excess of 250 pupils. The site shall have frontage on a suitable improved public street.
(C) (1) All buildings shall be located at least 100 feet from street lines and at least 50 feet from all other property lines.
(2) Grandstands, gymnasiums, central heating plants and similar buildings shall be set back at least 100 feet from all property lines.
(3) The distance between buildings shall be at least the height of the taller building. Total coverage of the site by all buildings shall be limited to 30%.
(D) A school site shall contain suitable designed and improved outdoor playground or playfield areas.
(E) Playgrounds or playfields shall be located not closer than 50 feet to any property line.
(H) The parking areas and walkways shall be illuminated for public safety at night. However, the lighting shall be designed so as not to disturb adjacent properties.
(1981 Code, § 835) (Ord. passed 6-28-2004)
§ 154.225 ADULT ESTABLISHMENTS.
(A) Business dealing in any activity which exhibits specified sexual activities or specific anatomical areas.
(B) The display of specific of sexual activities or specific anatomical areas are not the primary function of the establishment, such as, but not limited to:
(1) Adult cabaret, adult lounge, adult bar, adult nightclub, adult carwash;
(2) Business dealing primarily in sexually explicit materials or activities; business dealing primarily in sexually explicit materials or activities including, but not limited to, adult book stores and adult motion picture theaters; or
(3) Massagist as permitted under the Liberty code of ordinances (The business, trade or profession of massagist and the carrying on of the business, trade or profession commonly known as massage parlors, health salons, physical culture studios or similar establishments wherein massage or physical manipulation is carried on or practiced, may be permitted subject to the following requirements):
(a) Minimum lot area as per§ 154.066;
(b) No use permitted under § 154.225 shall be located within 1,000 feet of another like use, as measured from the property line;
(c) No use permitted under § 154.225 shall be located with 1,000 feet of residentially zoned property, as measured from the property line;
(d) No use permitted under § 154.225 shall be located within 1,000 feet of a church or synagogue, as measured from the property line;
(e) No use permitted under § 154.225 shall be located within 1,000 feet of any school (public or private) as measured from the property line; and
(f) Plans shall be submitted:
1. Which meet the requirements of § 154.254; and
2. Plan shall include the following information:
a. Land owner;
b. Lessee; and
c. Hours of operation.
(C) Signs shall be limited to 1 ground sign and not more than 3 wall signs. No portable signs shall be permitted.
(D) Activities taking place on the premises shall be confined to the area inside the structure and not be visible from the street rights-of-way.
(1981 Code, § 836) (Ord. passed 6-28-2004)
§ 154.226 NONCONFORMING SITUATIONS.
(A) Non-conforming lots. If a non-conforming lot of record cannot be used in conformance with all regulations other than those pertaining to minimum area or width, a special use permit may be issued if the following findings are made:
(1) The proposed use of the lot is one permitted by the regulations applicable to the district in which the property is located; and
(2) (a) The property can be developed as proposed without any significant negative effect on the surrounding property or the public health, safety or welfare.
(b) The Town Council may allow deviations from applicable dimensional requirements (such as setback lines and minimum yard sizes) if it finds that no reasonable use of the property can be made without the deviations.
(B) Non-conforming situations; repairs to property. Maintenance and repair of property are encouraged. If proposed repairs to a nonconforming property are estimated to exceed 50% or more of the appraised value of the property to be renovated, a special use permit may be issued subject to the following:
(2) The renovation will not make the property more incompatible with the surrounding neighborhood;
(4) A building permit for the repair or renovation must be obtained from the Building Inspector.
(C) Non-conforming use; change to another non-conforming use. The Town Council may issue a special use permit to allow property used for a nonconforming use to be changed for use to a different nonconforming use, if the following findings are made:
(1) The proposed new nonconforming use will be more compatible with the surrounding neighborhood than the old nonconforming use in operation at the time the permit is applied for;
(2) If a nonconforming use is changed to any use other than a conforming use without obtaining a special use permit pursuant to §§ 154.250 through 154.254 below, that change will constitute a discontinuance of the nonconforming use with consequences as stated in §§ 154.250 through 154.254 below; and
(3) The above divisions (C)(1) and (2) shall apply equally to situations including any combination of nonconforming uses, or of conforming and nonconforming uses existing on any 1 lot or parcel of land.
(D) Reinstatement of a discontinued nonconforming use. If a nonconforming use has been discontinued for a period of 180 days or more, the Town Council may issue a special use permit to allow a reinstatement of that nonconforming use, subject to the following:
(1) The nonconforming use has been discontinued for a period of less than 2 years; and/or
(2) The discontinuance resulted from factors that, for all practical purposes, were beyond the control of the person or persons maintaining the nonconforming use.
(E) Allowing property to be used for a conforming use without correcting an existing nonconforming situation. The Town Council may issue a special use permit to allow property to be used for a conforming use without requiring correction of an existing nonconforming situation, if the following findings are made:
(1) The nonconforming situation cannot be corrected without undue hardship or expense; and
(2) The nonconforming situation is of a minor nature that does not adversely affect the surrounding property, or the general public, to any significant extent.
(1981 Code, § 837) (Ord. passed 6-28-2004)
§ 154.227 MENTAL INSTITUTION; SANITARIUM.
(A) All mental institutions/sanitariums shall have direct frontage onto a collector or arterial street, as shown on the Thoroughfare Plan.
(B) The minimum lot size shall be 5 acres with a minimum frontage of 200 feet.
(C) The structures shall be located a minimum of 200 feet from any zoning lot boundary.
(D) Signs shall be limited to 1 non-illuminated sign with a maximum area of 6 square feet. No other external evidence of the mental institution/sanitarium for identification or advertising purposes shall be permitted.
(E) At the time of the special use request, the operator of a facility shall provide information on, and if approved, shall utilize adequate measures to prevent the unauthorized exit of the patients. The more dangerous the patients are to the public, the more elaborate and certain the security measures shall be.
(H) The facility shall comply with all applicable federal, state and local requirements.
(1981 Code, § 838) (Ord. passed 6-28-2004)
§ 154.228 PROFESSIONAL RESIDENTIAL FACILITY (STRUCTURED ENVIRONMENT).
(A) All professional residential facilities shall have direct frontage onto a collector or arterial street, as shown on the Thoroughfare Plan.
(B) No use shall be established with 1/2 mile of another like use.
(C) No sign identifying the facility shall be permitted beyond the name of the facility on the mailbox.
(D) At the time of the special use request, the operator of the facility shall provide information on, and if approved, shall utilize adequate measures to prevent the unauthorized exit of the patients. The more dangerous the patients are to the public, the more elaborate and certain the security measures shall be.
(G) The facility shall comply with all applicable federal, state and local requirements.
(1981 Code, § 839) (Ord. passed 6-28-2004)
§ 154.229 GAME ROOMS.
Game rooms may be permitted in B2 Districts subject to the following requirements:
(A) The site shall have direct access to a major or minor thoroughfare as shown on the Thoroughfare Plan;
(C) A site plan showing compliance with the requirements for a zoning compliance permit, as required by § 154.269, shall be submitted;
(D) Signage shall be limited to 1 ground sign and not more than 2 wall signs. No portable signs or banners shall be permitted. No printed material, slide, video, photograph, written text, live show or other visual presentation format shall be visible from outside the walls of the establishment;
(F) No game room shall be located within 350 feet of residentially zoned property nor shall a game room be located within 1,000 feet of any other game room. Measurements shall be from the nearest property line to nearest property line;
(G) Activities taking place on the premises shall be confined to the area inside the structure and shall not be visible from the street rights-of-way;
(H) Failure to comply with the plans approved by the Town Council or with any conditions imposed upon this special use permit shall cause the permit to immediately become void and of no effect as set forth in § 154.198; and
(I) Game Rooms approved under this special use permit shall be supervised and operated by a person over 21 years of age who:
(1) Has not been convicted or plead guilty or no contest to any criminal offense involving moral turpitude, gambling or the unlawful possession, sale, distribution or use of any alcoholic beverage or controlled substance within the 5 years next preceding the date of the application for a special use permit; and
(2) Is a resident of North Carolina or does have a registered agent in North Carolina who is authorized to accept service of process.
(1981 Code, § 840) (Ord. passed 6-28-2004; Am. Ord. passed 3-23-2020)
§ 154.230 STORAGE OF HAZARDOUS MATERIAL WITHIN BALANCE OF WATERSHED.
No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Conditions may arise from the absence or improper implementation of a spill containment plan for hazardous materials or any other situation found to pose a threat to water quality.
(A) Application of this SUP shall demonstrate that the proposed hazardous materials which are to be stored cannot pose a threat of contamination to the water supply.
(B) All spill containment structures and plans shall be designed by a North Carolina registered professional engineer or architect.
(C) (1) All spill containment structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance.
(2) Financial assurance shall be in the form of a security performance bond.
(3) The bond shall be in an amount equal to 1.25 times the total cost of the spill containment structure. (The total cost shall include the value of all materials; design and engineering; and grading, excavation, fill and the like. The costs shall not be prorated as part of a larger project, but rather under the assumption of an independent mobilization).
(D) The applicant shall enter into a binding operation and maintenance agreement between the Watershed Review Board and all interests in the development. The agreement shall require the owning entity to maintain, repair, and if necessary, reconstruct the spill containment structure in accordance with the operation and management plan or manual provided by the developer. The operation and maintenance agreement shall be filed with the Randolph County Register of Deeds by the Watershed Review Board.
(E) The spill containment structure shall be inspected by the Watershed Administrator, or his or her designated representative, after the owning entity notifies the Watershed Administrator that all work has been completed. At this inspection, the owning entity shall provide:
(1) A certification sealed by an engineer or architect stating that the spill containment structure is complete and consistent with the approved plans and specifications; and
(2) The Watershed Administrator shall approve the materials submitted by the developer and the inspection report.
(a) A watershed protection occupancy permit shall not be issued for any building within the permitted development until the spill containment structure and/or plan is approved.
(b) All spill containment structures shall be inspected at least on an annual basis to determine whether the controls are performing as designed and intended.
(c) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed.
(d) All improvements shall be made consistent with the plans and specifications and the operation and maintenance plan or manual.
(e) After notification by the owning entity, the Watershed Administrator shall inspect and approve the completed improvements.
(1981 Code, § 841) (Ord. passed 6-28-2004)
§ 154.231 TRANSFER STATIONS.
Transfer stations may be permitted in I and IP districts subject to the following requirements.
(A) A site plan meeting the requirements of § 154.254 below shall be submitted as part of the application for this permit. The plans shall also incorporate additional information as required to indicate compliance with other requirements of this section.
(B) The use shall be located on a major or minor thoroughfare or within an industrial development with direct access to the thoroughfare (direct access shall mean without having to travel residential streets).
(C) Actual transfer activities shall be conducted within an enclosed structure.
(E) Storm water control meeting all local, state and federal requirements shall be submitted as part of the required plans.
(F) If the property adjoins residential districts, in addition to the required buffering and screening, a setback of 100 feet for all activities shall be observed.
(G) At the close of each business day, the facility shall be left in a clean and sanitary manner. Written plans indicating compliance with this requirement shall be submitted as part of the application.
(H) Evidence of compliance with all applicable requirements of the Zoning Chapter shall be submitted as part of the application.
(1981 Code, § 842) (Ord. passed 6-28-2004)
§ 154.232 DWELLINGS IN I AND IP DISTRICTS.
Single-family dwellings may be permitted in I and IP districts subject to the following findings:
(A) The dwelling is to be built and occupied by the property owner or other family member; and
(B) The dwelling will not place anyone in danger due to proximity to any industrial use.
(1981 Code, § 843) (Ord. passed 6-28-2004)
§ 154.233 STRUCTURES MAY EXCEED THE HEIGHT LIMITS ESTABLISHED IN § 154.066(A).
(A) Where structures are permitted by § 154.018 to exceed the height limits set forth the following shall apply.
(B) For each foot of height over the permitted height in§ 154.066(A) any permitted structure shall be set back from any property line as follows:
(1) If the adjoining property line is a residential line, an additional foot of setback shall be provided for each foot of height over the established height limit;
(2) If the adjoining property line is a commercial or industrial line, an additional 1/2 foot of setback shall be provided for each foot of height over the established height limit; and
(3) A site plan meeting the requirements of § 154.269 below shall be submitted as part of the application for this SUP.
(1981 Code, § 844) (Ord. passed 6-28-2004)
§ 154.234 TELECOMMUNICATIONS TOWERS.
All applications for a special use permit for a telecommunication tower must include the following:
(A) Identification of the intended provider(s);
(B) Documentation by a registered engineer that the tower has sufficient structural integrity to accommodate more than 1 user;
(C) A statement from the owner indicating intent to allow shared use of the owner and how others will be accommodated;
(D) Evidence that the property owners of residentially zoned property within 300 feet of the site have been notified by the applicant of the proposed tower height and design;
(E) Documentation that the telecommunication tower complies with the federal radio frequency emission standards;
(F) Documentation that towers over 199.9 feet are necessary for a minimal level of service, if applicable;
(G) Screening must be shown on the site plan detailing the type, amount of plants and location; and
(H) Documentation of crumple zones.
(1981 Code, § 845) (Ord. passed 6-28-2004)
Cross-reference:
§ 154.235 COMMERCIAL DEVELOPMENTS WITH MULTI USE AND/OR STRUCTURES AND FAR BETWEEN .27 AND .35.
All requirements of the Zoning Chapter shall be met.
(1981 Code, § 846) (Ord. passed 6-28-2004)
§ 154.236 COMMERCIAL DEVELOPMENTS WITH MULTI-USE AND/OR STRUCTURES AND FAR UP TO .35.
All requirements of the Zoning Chapter shall be met.
(1981 Code, § 847) (Ord. passed 6-28-2004)
§ 154.237 COUNTRY, RACQUET, TENNIS AND SWIM CLUBS.
(A) (1) Country, tennis, racquet and swim club and related activities are for members only and their registered guests and not available to public use.
(2) Related activities may include dining and other food and beverage services.
(B) The site for any country, tennis, racquet and swim club and related activities shall have an area of at least 3 acres.
(C) All facilities permitted under this section shall be planned and constructed to be harmonious with the area in which they are located.
(1981 Code, § 848) (Ord. passed 6-28-2004)
§ 154.238 FRATERNITY AND SORORITY HOUSES.
(A) All facilities permitted under this section shall be planned and constructed to be harmonious with the area in which they are located.
(B) No parking shall be permitted within the front yard between the structure and the street right-of-way.
(C) (1) Only 1 identification sign shall be permitted.
(1981 Code, § 849) (Ord. passed 6-28-2004)
§ 154.239 WATERSHED 10/70 OPTION DEVELOPMENT.
(A) Projects must comply with Chapter 153, Watershed Protection.
(B) Projects must minimize build upon surface area.
(C) Projects must direct storm water away from surface waters.
(D) Projects must incorporate best management practices to minimize quality impacts.
(E) Projects must be connected to the town’s water and sewer.
(F) Projects must provide a positive economic benefit to the community.
(1981 Code, § 850) (Ord. passed 6-28-2004; Am. Ord. passed 8-8-2023)
§ 154.240 SOLAR FARM IN R40 DISTRICT.
(A) Purpose. This section is intended to provide the opportunity for solar energy to serve as a viable form of energy generation while protecting public health, safety and general welfare. These regulations are particularly intended to ensure the compatibility of these facilities with the low intensity residential character of the R40 Residential Zoning District.
(B) General requirements. A solar farm located in a R40 district shall be subject to the following requirements:
(1) All structures, parking, storage, solar collectors, inverters, transformers and any other accessory or related equipment associated with solar farms shall observe a minimum of a 50 foot wide setback, as measured from lot, parcel or lease boundary lines. The setback shall not be used for any other use except for pedestrian or vehicular access to the property or adjoining property and screening as required below.
(2) The landscaping requirements in § 154.086 of this chapter are replaced by the screening requirements in division (3) below.
(3) The buffer and screen requirements in § 154.082 of this chapter are replaced by the screening requirements in division (4) below.
(4) The setback as described in division (1) above shall serve as the required area to screen the solar farm. The screening shall consist of and be regulated as:
(a) A row of evergreen shrubs placed not more than five feet apart on center which will grow to form a continuous opaque hedge a minimum of six feet in height above finished grade within two years from planting. A berm with an minimum height of three feet above finished grade, as measured from the exterior side of the berm, may be utilized to assist in achieving the minimum planting height of six feet;
(b) A staggered row of evergreen trees, which are not less than six feet in height at the time of planting and are spaced not more than 15 feet apart which at maturity will form an intermittent visual barrier from above the opaque hedge to a minimum height of 20 feet; and
(c) Lawn and or low-growing evergreen shrubs, evergreen ground cover or mulch covering the balance of the screening yard.
(d) All plant materials shall be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, draught, insects and diseases and which require little maintenance. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscape Association) standards.
(e) The required screen shall be located on the outer perimeter of a lot or parcel, extending along the lot, parcel or lease boundary lines and shall not be located on any portion of an existing or dedicated public or private street or other existing or dedicated public rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
(f) In lieu of this screen an applicant may propose a 50 foot wide buffer consisting of existing mature vegetation. The applicant shall provide documentation that the existing vegetation proposed to serve as an alternative buffer provides a degree of opacity, compatibility, and protection to adjoining properties that is equal to or greater than the requirements set forth above. Additional evergreen plantings shall be incorporated into this alternative buffer as necessary to achieve this intent. The required site plan shall indicate any areas proposed for an alternative buffer.
(5) Electric solar energy components shall have a UL listing and be designed with anti-reflective coating(s).
(6) Solar collection devices shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard to aircraft.
(7) Solar devices within a solar farm must be enclosed by a fence at least six feet in height and must have clearly visible warning signage concerning voltage.
(8) An emergency shut-off mechanism is required and notice of its location shall be submitted to Randolph County Emergency Management and the Town of Liberty. The mechanism shall be clearly identified and unobstructed and shall be noted clearly on the site plan.
(9) No business signs, billboards, or other advertising shall be installed on the property, any fence or a solar device.
(10) The property owner shall have six months to complete decommissioning of the solar facility if no electricity is generated for a continuous period of 12 months. A project is properly decommissioned when all structures and equipment are removed and the site is re-vegetated. Applicant must submit decommissioning plans that describe the anticipated life of the solar project, the party responsible for decommissioning, the estimated decommissioning costs in current dollars, and the method for ensuring that funds will be available for decommissioning and restoration.
(11) The applicant shall be required to provide written documentation stating that the facility is in compliance with all applicable Federal and state regulations.
(12) No burning shall be utilized in the clearing or development of the site.
(Ord. passed 7-6-2015; Am. Ord. passed - - )