(a)

Except as hereinafter provided, the regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class of kind of structure or land.

(b)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed moved, or structurally altered except in conformity with all the regulations specified herein for the district in which it is located

(c)

No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to have narrower or smaller front yards, side yards rear yards, or other open spaces, or to occupy a greater percentage of lot area than permitted herein or in any other manner contrary to this chapter.

(d)

No part of a yard or other open space required about or in connection with any building for the purpose of complying with this chapter shall be included as a part of a yard or other open space similarly required for any other building or use.

(e)

No yard setbacks or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(f)

Every business or residential building hereafter erected or moved shall be on a lot adjacent to a street right-of-way, and all structures shall be so located as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(g)

In any district, more than one building housing a permitted principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each building as though it were on an individual lot and is located on a street right-of-way.

(h)

No lot shall be reduced or changed in size so that the total area, minimum frontage, front, side, or rear setbacks, lot area per dwelling unit, or other dimensions, areas, or open spaces required by these regulations are not maintained. No lot shall be reduced in size so as to produce an additional lot which is not in conformity with these regulations, unless said lot is combined with other land to produce a conforming lot or unless said lot is needed and accepted or public use.

(i)

Accessory buildings and uses may be erected or permitted by this chapter and shall be subject to the following requirements:

(1)

The accessory building or use shall be placed in the rear yard only;

(2)

No separate accessory building or use shall be erected within ten feet of any other building, or within five feet from any property line; and

(3)

The total square footage of all accessory buildings on each lot shall not exceed 50 percent of the square footage of the permitted principal use.

(4)

Solar collector. In order to qualify as an accessory use the solar collector(s) shall be designed to produce no more than 150 percent of the on-site use's energy consumption per billing period. Solar collectors as an accessory use may be roof-mounted or freestanding ground/pole mounted.

a.

Setbacks. All solar energy collectors, whether ground mounted or mounted on an existing structure, shall meet all appropriate setbacks applicable to accessory structures and if located in a front yard shall meet the minimum setback requirements for that zoning category.

b.

Height. The height of the structure shall not be taller than the allowed height of a structure in the zoning district in which it is located. Ground or pole mounted solar energy systems shall not exceed 25 feet in height when oriented at maximum tilt. Solar collection devices shall not be included in computing lot coverage.

(j)

Where a minimum frontage is specified in these regulations, it shall be measured at the front yard setback line.

(k)

The setback requirements of these regulations shall not prohibit any necessary retaining wall or prohibit any planted buffer strip, fence, or wall. However, no fence or wall shall exceed a height of six feet in any front or side yard unless specified elsewhere. Such fences and walls shall be located on the lot with the principal building.

(Code 1995, § 155.035; Ord. of 6-1-1992; Ord. of 7-9-2012, § 6)

Any lot of record existing as of the date of adoption of the ordinance from which this chapter is derived which has an area or a width which is less than required by this chapter shall be subject to the following exceptions and modifications:

(1)

Adjoining lots. When two or more adjoining lots with continuous frontage are in one ownership at any time after the adoption of the ordinance from which this chapter is derived, and such lots individually are less than the minimum square footage and/or have less than the minimum width required in the district in which they are located, then such group of lots shall be considered as a single lot or several lots of minimum permitted width and area for the district in which located.

(2)

Lot not meeting minimum lot size requirements. Except as set forth in subsection (1) of this section, in any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of the ordinance from which this chapter is derived which has an area or a width which is less than required by this chapter may be used as a building site for a single-family dwelling, provided that all setbacks can be met.

(3)

Side yard requirements. Except as set forth in subsection (1) of this section, where a lot has a width less than the width required in the district in which it is located, then the zoning administrator shall be authorized to reduce the side yard requirements for such lot, provided, however, that no side yard shall be less than eight feet wide.

(Code 1995, § 155.036; Ord. of 6-1-1992)

The district height limitations stipulated elsewhere in this chapter may be exceeded when a conditional use is approved by the board of adjustment. Such structures as church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, radio towers, masts, aerials, and similar structures which exceed the height limitations, may be permitted when an application for a conditional use is approved by the board of adjustment.

(Code 1995, § 155.037; Ord. of 6-1-1992)

All mobile/manufactured homes shall meet the following requirements:

(1)

Manufactured homes shall be no older than ten years from the current date of permit application verified through title or manufactured home dealer certification.

(2)

Interior and exterior finishes, foundation and roofing shall be in good condition. Any deficiencies in the structural or physical condition of the manufactured home shall be noted by the building inspection official and repaired by the party responsible before a certificate of occupancy is issued.

(3)

Manufactured homes located in an existing manufactured home park shall have a continuous masonry brick or vinyl perimeter foundation curtain wall.

(4)

Stairs, porches or entrance platforms, ramps or other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the state building code. They shall be attached firmly to the primary structure or anchored securely to the ground. Steps shall be constructed of precast concrete, poured concrete, or constructed from pressure-treated wood. All steps shall be at least as wide as the door it serves. All steps leading into and out of the manufactured home shall have handrails located on both sides of the door.

(5)

All of these standards shall be met prior to connection of electrical, water, and sewer services.

(Code 1995, § 155.038; Ord. of 6-1-1992; Ord. of 5-10-2002)

State Law reference— Zoning regulations for manufactured homes, G.S. 160A-383.1.

After the effective date of the ordinance from which this chapter is derived, those uses which existed prior to such effective date and would only thenceforth be permitted as conditional or special uses in the district in which they are located shall be considered to be legally established conditional or special uses. Any expansion, addition, or other change for which a zoning permit is required shall be heard, considered, and approved or disapproved by the board of adjustment or board of commissioners in the same manner as original applications for conditional or special use approval.

(Code 1995, § 155.039)

(a)

Approval procedures and approval authority.

(1)

Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established in this chapter for a conditional use permit, special use permit, or zoning permit, as applicable. The town board of commissioners or board of adjustment, as applicable, shall be the final approval authority.

(2)

If the use for which a vested right is sought would not normally be a conditional or special use under the code, in order to obtain zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the board of commissioners as a special use and follow all procedures in this Code for obtaining a special use permit.

(3)

In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the town, that a zoning vested right is being sought.

(4)

Each map, plat, site plan, or other document evidencing a site specific development plan shall contain following notation: "Approval of this plan establishes a zoning vested right under G.S. 160A-385.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (insert date)."

(5)

Following approval of conditional approval of a site specific development plan, nothing in this chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(6)

Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter.

(b)

Voluntary annexation. A petition for annexation filed with the town under G.S. 160A-31 or G.S. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. 160A-385.1. A statement that declares that no zoning vested right has been established under G.S. 160A-385.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.

(c)

Limitations. Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to G.S. 160A-385.1.

(d)

Repealer. In the event that G.S. 160A-385.1 is repealed, this section shall be deemed repealed and the provisions hereof no longer effective.

(Code 1995, § 155.040; Ord. of 6-1-1992)

State Law reference— Vested rights, G.S. 160A-385.1.

(a)

Permitted conditional or special uses add flexibility to this chapter. Subject to good planning and design standards, certain uses of property are allowed in specified districts where those uses would not otherwise be acceptable. By means of controls exercised through the conditional or special use permit procedures, uses of property which would otherwise be undesirable in certain districts can be developed to minimize any bad effects they might have on surrounding properties.

(b)

The provisions of this chapter permit some uses to be established by right in the appropriate district while other uses are listed which require a permit from the board of adjustment or board of commissioners. Those which require a permit from the board of adjustment are termed conditional uses by this chapter, while those which involve broader policy considerations and therefore require a permit from the board of commissioners are termed special uses. Both types of uses, in some circumstances, may be compatible with and desirable in the districts in which they are designated as special or conditional uses, but they may also have characteristics which could have detrimental effects on adjacent properties, or even the entire town area, if not properly designed and controlled. Procedures for conditional use permits are found in sections 59-83 and 59-84.

(c)

Procedure for special use permits shall be as approved by the board of commissioners.

(d)

Special uses are likely to involve broad policy issues and be larger in scale. Therefore, the town board of commissioners, rather than the board of adjustment, will be responsible for their approval, after following the procedures listed below.

(e)

Special use permits shall only be granted after the town board of commissioners has held a public hearing using the procedure set forth in subsection (e)(4) of this section.

(1)

Applications for special use permits and a fee in accordance with the fee schedule adopted by the board of commissioners shall be received by the zoning administrator.

(2)

The zoning administrator shall transmit the application to the town planning board, who shall review the application and make a recommendation to the board of commissioners within 35 days of the planning board's first consideration.

(3)

After receiving the planning board's recommendation, the board of commissioners shall call for a public hearing. Public notice of the hearing shall be published in newspapers generally circulated in town, at least five days before the date of the hearing. The board of commissioners shall cause notices to be mailed to all property owners which abut the parcel or land involved in the special use permit application as indicated by the records in the county tax office.

(4)

Public hearings by the board of commissioners for special use permits shall be conducted in the following manner:

a.

Any party may appear in person or by agent at the hearing.

b.

The order of business for each hearing shall be as follows:

1.

The mayor or such person he shall direct shall give a preliminary statement of the case;

2.

The mayor may limit the time allowed for presenting evidence or statement for or against the application;

3.

The applicant shall present the evidence and arguments in support of his application;

4.

Persons opposed to granting the application shall present the evidence and arguments against the application;

5.

Both sides may be permitted to present rebuttals to opposing evidence and arguments;

6.

The mayor, or such person as he shall direct, shall summarize the evidence that has been presented, giving the parties opportunity to make objections or corrections. The board may call any witness or request information it deems advisable in order to reach a decision on the application. The board members or its employees shall be the only persons allowed to ask questions of a witness. The board may view the premises, but the facts indicated by such inspection shall be disclosed at the public hearing and made a part of the record. All witnesses before the board shall be placed under oath. In order to issue a special use permit, the board shall consider each of the following conditions, and based on the evidence presented at the hearing, make findings in regards to each and must find that the issuance of the special use permit is in the best interest of the town.

a.

All applicable specific conditions pertaining to the proposed use have been or will be satisfied.

b.

Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or other emergency.

c.

Off-street parking, loading, refuse, and other service areas are located so as to be safe convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties in the general neighborhood.

d.

Utilities, schools, fire, police, and other necessary public and private facilities and services will be adequate to handle the proposed use.

e.

The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrianways harmonize with adjoining properties and the general area and minimize adverse impact.

f.

The type, size, and intensity, of the proposed use, including such considerations as the hours of operations and number of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood.

g.

The board may continue the hearing until a certain date and time.

(f)

If the board of commissioners approves a special use permit, it may, as part of the terms of such approval, impose any additional reasonable conditions and safeguards as may be necessary to ensure that the criteria for the granting of such a permit will be complied with and to reduce or minimize any potentially injurious effect of the use on adjoining properties, the character of the neighborhood, or the health, safety, morals, or general welfare of the community. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made of recreational space and facilities.

(1)

An application of a rehearing may be made in the same manner as an application for an original hearing.

(2)

Decisions by the board of commissioners shall be made not later than 35 days from the time of the formal hearing. Only a simple majority vote is required for the board of commissioners to decide the application. Vacant seats and disqualified members are not counted in the total required for approval.

(3)

The board's final decisions shall be shown in the record of the case as entered in the board's minutes and signed by the clerk and the mayor on approval of the minutes by the board. Such record shall show the reasons for the determinations, with a summary of the evidence introduced and the findings of fact made by the board. When a special use permit is granted, the record shall state the facts that support findings required to be made before such permit is issued. The record shall state in detail what, if any, conditions and safeguards the board imposes in connection with granting of a special use permit. A separate record of the decision in each case shall be prepared, filed in the clerk's office, and furnished to the parties seeking the permit.

(4)

The clerk shall give written notice of the decision in the case to the applicant. Such notice may be delivered either by personal service or by registered mail or certified mail, return receipt requested. A copy of the decision shall also be filed in the clerk's office. The decision shall be a public record, available for inspection at all reasonable times.

(Code 1995, § 155.041; Ord. of 6-1-1992; Ord. of 3-5-2007)

In any district, every principal building or structure located within the corporate limits and extraterritorial jurisdiction of the town shall have a street address designated by street name and number assigned to said buildings or structure. All such principal buildings or structures shall have the street number posted in a visible location at the primary entrance on the side of the building or structure facing the street. If the building or structure has entrances on more than one street, the street number shall be posted on the street toward which the primary entrance to the building or structure faces. Street numbers shall be utilized which are at least four inches high and of sufficient width to be discernible from the street.

(Code 1995, § 155.042; Ord. of 6-1-1992)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Caliper inches means the quantity in inches of the diameter of trees measured at six inches above the ground for trees four inches or less in trunk diameter and 12 inches above the ground for trees over four inches in trunk diameter.

Canopy tree means a species of tree which normally grows to a mature height of 40 feet or more with a minimum mature crown width of 30 feet.

Dripline means a vertical line extending from the outermost portion of a tree's canopy to the ground.

Understory tree means a species of tree which normally grows to a mature height of 15 to 35 feet.

(b)

Intent. The purpose of this section is to enhance the town's visual and environmental character by:

(1)

Encouraging the preservation of existing trees and vegetation;

(2)

Separating adjacent land uses in order to minimize potential nuisances such as the transmission of noise, dust, odor, litter, and glare of lights;

(3)

Conserving energy and aiding stormwater runoff; and

(4)

Enhancing property values and establishing a sense of privacy.

(c)

Procedure and applicability.

(1)

After the adoption date of the ordinance from which this section is derived, these requirements shall apply to:

a.

New principal nonresidential buildings, or expansions and reconstructions which will result in a parking or building increase more than 2,000 square feet; and

b.

New single-family and multifamily residential development.

(2)

Landscaping plan shall be submitted showing:

a.

Location, dimension and square footage of required buffer strips, streetyards and parking lot landscaping areas. Individual species and number of trees and shrubs required and number provided.

b.

Details of required landscaping and landscape elements showing species, fencing materials, dimensions and spacing of constructed and planted materials. The plan shall also show any existing vegetation to remain undisturbed.

c.

Timeline for installation of required landscaping.

(3)

Installation of required plant materials shall be as follows:

a.

A final certificate of occupancy for commercial, industrial and multifamily uses shall not be issued until all required landscaping is in place.

b.

Single-family subdivisions greater than five lots shall not receive final plat approval until street planting yards are installed.

c.

Where weather conditions or construction activity would endanger the health and survivability of required plantings the installation may be delayed by the zoning administrator. The developer shall submit a copy of a signed contract for installation of the required planting areas and may be required to post a surety equal to the amount of the contract. The surety shall not be issued for more than 180 days. For commercial and multifamily projects, a temporary certificate of occupancy may be issued. For major single-family detached subdivisions, the final plat may be recorded

(4)

Alternate methods of compliance shall be as follows:

a.

Alternate landscape plans, plant materials or methods may be used in situations where strict adherence to the provisions of this chapter would result in impractical or unreasonable situations. Such situations may result from severe topography, natural rock formations, utility easements, lot sizes or configurations or other physical conditions. Alternate compliance shall be acceptable in all commercial zoning districts where the above such situations may result making compliance with buffer, streetscape and landscape requirements impossible.

b.

Alternate landscape plans shall be reviewed based on their effectiveness and performance in meeting the spirit and intent of this chapter.

c.

The zoning administrator shall review the alternate plan taking into account adjacent land uses, amount of plantings, species arrangement and coverage.

d.

Decisions of the zoning administrator may be appealed to the planning board.

(d)

Landscaping required. The following areas are required to be landscaped:

(1)

Street planting yards. A planting area parallel to the street designed to provide continuity of vegetation along the right-of-way and a pleasing view from the street.

(2)

Parking lot plantings. Planting areas within and adjacent to parking areas designed to provide shade and improve the attractiveness of a large area of pavement.

(3)

Buffer yards. Planting areas located parallel to the side, and rear lot lines designed to separate adjacent uses and provide privacy and protection against potential adverse impacts of an adjoining use. The size of a buffer shall be determined both by the proposed use and by the type of adjacent use. Buffers shall not be located on any portion of an existing or proposed street right-of-way. Buffers shall be permitted to intersect utility easements or run parallel with them; however they shall not be permitted to run linear with and superimposed on them.

(e)

Planting area requirements.

(1)

Street yard.

a.

A street planting yard. A minimum ten-foot in width shall be provided parallel to all public rights-of-way.

b.

Street planting yards shall be planted at the following rates:

1.

For commercial and industrial uses, one canopy tree per 50 linear feet of frontage and eight shrubs per 50 linear feet of frontage.

2.

For residential uses, one canopy tree per 50 linear feet of frontage.

(2)

Buffers.

a.

Buffer descriptions.

1.

Type A. A type A buffer is intended to provide a very dense sight barrier to significantly separate uses and land use districts. It is intended to reduce intrusive lighting and noise from adjacent properties.

2.

Type B. The type B buffer is a medium density screen which is intended to create a visual separation between uses and land use districts.

3.

Type C. A type C buffer means a planting strip intended to separate uses, provide vegetation in densely developed areas and enhance the appearance of individual properties.

b.

Buffer yard determination. To determine the required landscape buffer, first use table 1. Find proposed use in the proposed use column. The size of each required buffer is determined by the buffer types along the adjoining use columns. Where a proposed use abuts multiple use types along the same side or rear yard, the largest buffer will apply. Next, determine the planting rate by using this table.

lf = linear feet

c.

Additional buffer requirements.

1.

Type A buffers shall be composed of at least one row of evergreen shrubs or understory trees.

2.

Walls at least six feet in height, constructed of masonry, stone or pressure treated lumber, or an opaque fence, a minimum of six feet in height may be used to reduce the widths of type A and type B buffers by ten feet

(3)

Parking lot planting rate. Parking lots shall be landscaped at the rate of one canopy tree per 12 parking spaces. Understory trees may be substituted for canopy trees at the rate of two understory trees per each required canopy tree.

(4)

Parking lot canopy tree distribution. Required canopy trees shall be distributed throughout parking lots and shall be located within or adjacent to the lot as tree islands, at the end of parking bays, or between rows of parking spaces.

(f)

Design and maintenance standards.

(1)

Retention of existing vegetation. Existing vegetation shall be retained and maintained whenever possible so as to permit such vegetation to contribute to buffer and screening requirements. Such retained vegetation which meets or exceeds the standards of this section may receive partial or total credit towards planting requirements within the buffer.

(2)

Maintenance. All vegetative and other screening devices shall be maintained so as to continue their effectiveness. Any required plantings which die or otherwise fail to satisfy the requirements of this section shall be replaced within 180 days with an equal or similar species and size by the owner. When plant material is severely damaged due to unusual weather conditions or other act of God, the owner shall have up to two years to replant.

(3)

Canopy tree size. Canopy trees must be a minimum of eight feet high and two inches, in caliper, measured six inches above grade, when planted. When mature, a canopy tree shall be at least 40 feet high and shall have a crown of 30 feet or greater.

(4)

Understory tree size. Understory trees must be a minimum of four feet high and one inch in caliper, measured six inches above grade, when planted.

(5)

Shrub size. All shrubs shall be expected to reach a maximum height of 36 inches, and a minimum spread of 30 inches within three years of planting.

(6)

Planting protection. Whenever planting areas are adjacent to parking lots or drives, the planting areas shall be protected from damage by vehicles, lubricants, or fuels.

(7)

Planting standards. All plant materials shall be installed in accordance with the standards found in the latest edition of American Standards for Nursery Stock, published by the American Association of Nurserymen. After installation, plat materials shall be mulched with a two- to three-inch layer of appropriate material.

(g)

Materials permitted. The zoning administrator shall maintain a list of acceptable plant materials which may be used to satisfy the requirements of this section. If the applicant proposes a species which is not on the approved list, the zoning administrator may approve the plant material so long as it is appropriate for the local climate and meets the definition for the use for which it is intended

(Code 1995, § 155.043; Ord. of 1-5-2009)

(a)

In all zoning districts, excluding the UC-University College district, fences and walls not over four feet high may project in or may enclose any front yard; however, no fence may be constructed on or in a public street right-of-way or within a sight triangle. Fences or walls up to six feet high may enclose side yards and fences or walls up to eight feet high may enclose rear yards. Sideyard enclosures may extend from the rear corner of a principle structure to the front corner of the principle structure. Rear yard enclosure may extend from the rear corner of a principle structure to the rear property line. The finished side of all fences and walls shall face the common property line boundary.

(b)

In all residential zoning districts and in the C-1 downtown-commercial district, no person shall erect, maintain or allow on any lot of the town any fence or wall carrying electrical current except that which encloses livestock with 110-20-volt A.C. low impedance fencer. Fences or walls shall not be constructed in whole or in part of concertina wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury. In addition, in the C-1 downtown-commercial district chain link fencing is allowed as a special use with an approved special use permit.

(c)

In all industrial zoning districts, C-2, C-3, C-4 commercial districts, and the O and I office and industrial zoning district, no person shall maintain or allow on any lot of the town any fence or wall carrying electrical current except that which encloses livestock with 110-20-volt A.C. low impedance fencer. Excluding telecommunication tower regulations, fences or walls facing a public street shall not be constructed in whole or in part of concertina wire, barbed wire, metal spikes, broken glass or any other material intended to inflict bodily injury. Fences and walls not over four feet height may project in or may enclose any front yard; however, no fence may be constructed on or in a public street right-of-way or within a sight triangle. Fences or walls up to eight feet high may enclose side yards, and fences or walls up to eight feet high may enclose rear yards. The finished side of all fences and walls shall face the common property line boundary.

(Ord. of 5-5-2008)

(a)

Where required. Telecommunication towers may be permitted as conditional uses in individual districts by specific ordinance, except that communications towers on government facilities and structures are allowed by right in all zoning districts. Towers not located on existing structures shall be subject to the setback, sign, security, lighting, abandonment, site plan, and ownership requirements set forth in this section.

(b)

Collocation.

(1)

No new telecommunication tower may be established if there is space available on an existing communications tower within the geographic area that the proposed tower is to serve. Exceptions may only be granted in cases where the conditions described in subsection (b)(4) of this section exist.

(2)

Collocation on a building or substantial structure, such as a water tower, shall not require the issuance of a conditional use permit, but all other applicable provisions shall be met and approved by the zoning administrator. The zoning administrator may require the issuance of a conditional use permit if there is doubt as to whether or not a given proposal is in compliance with the intent of the section.

(3)

Collocation on a previously approved tower is permitted without an additional conditional use permit provided that all conditions of the previously approved permit are complied with.

(4)

Where a new tower is proposed, documentation shall be required to substantiate why the proposed antennas and/or equipment cannot be accommodated on a previously approved tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the previously approved towers, considering their existing and planned use, and those towers cannot be reinforced to accommodate the planned or equivalent equipment at a reasonable cost;

b.

The planned equipment would cause RF interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost;

c.

Previously approved towers do not have space on which the planned equipment can be placed so it can function effectively and reasonably in parity with the existing and/or planned equipment of the present users; or

d.

Other reasons make it impractical to place planned equipment on previously approved towers (the applicant must explain and document in detail such other reasons).

(5)

Telecommunications towers shall be structurally designed and constructed to support a minimum of four users. Moreover, prior to erecting a telecommunications tower, any builder, user, carrier, etc., shall submit documentation that the owner of the tower or antenna is willing to permit other users to attach accessory communications facilities which do not interfere with the primary purpose of the tower or antenna, provided that such other users agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment.

(6)

Applications for collocation entitled to streamlined processing under this section shall be reviewed for conformance with applicable site plan and building permit requirements but shall not otherwise be subject to zoning requirements, including design or placement requirements, or public hearing review.

(7)

Applications for collocation of wireless facilities are entitled to streamlined processing if the addition of the additional wireless facility does not exceed the number of wireless facilities previously approved for the wireless support structure on which the collocation is proposed and meets all the requirements and conditions of the original approval. This provision applies to wireless support structures which are approved on or after December 1, 2007.

(8)

The streamlined process set forth in subsection (a) of this section shall apply to all collocations, in addition to collocations qualified for streamlined processing under subsection (b) of this section, that meet the following requirements:

a.

The collocation does not increase the overall height and width of the tower or wireless support structure to which the wireless facilities are to be attached.

b.

The collocation does not increase the ground space area approved in the site plan for equipment enclosures and ancillary facilities.

c.

The wireless facilities in the proposed collocation comply with applicable regulations, restrictions, or conditions, if any, applied to the initial wireless facilities placed on the tower or other wireless support structure.

d.

The additional wireless facilities comply with all federal, state and local safety requirements.

e.

The collocation does not exceed the applicable weight limits for the wireless support structure.

(c)

Setback.

(1)

The minimum tower setback from any property line shall be equal to the height of the tower or equal to the engineered certified fall radius for the tower. This modification applies only to local, county, state or federal government entities.

(2)

The owners of easements and rights-of-way within the setback must provide a letter of acknowledgment of the proposed tower location.

(d)

Height. The maximum height of a communication tower shall be 140 feet. Towers in excess of this height may be permitted provided applicant can show approval from the Federal Aviation Administration (FAA).

(e)

Signs. No business signs, billboards, or other advertising shall be installed on the tower or security fencing.

(f)

Screening. An opaque screen expected to reach a minimum of six feet in height at maturity shall be planted around the perimeter of the area occupied by the tower, security fencing, and auxiliary uses such as parking. In addition, existing onsite trees and other vegetation shall be preserved to the extent practicable to maintain the entire site of the tower (including any anchoring devices) in its preconstruction appearance.

(g)

Security. Security fencing at least six feet in height shall be installed around the base of the tower or the tower shall be equipped with a professional engineer certified anti-climb device. Published data or documentation for an anti-climb device must be provided to support such device and must be of such nature to enable the building inspector to easily determine that the anti-climb device has been installed in accordance with such data, otherwise a professional engineer must certify that the anti-climb device has been properly installed.

(h)

Lighting. Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other federal or state authority and in no case shall exceed the required minimum. Prior to construction of the tower, the applicant shall be required to submit documentation from the FAA that the lighting is the minimum lighting required by the FAA.

(i)

Abandonment. Any tower that ceases to be used for communications broadcasting and/or broadcast receiving as permitted by this section for a period of more than nine months shall be removed by the tower owner at his expense. The removal shall occur within 90 days of the end of such nine-month period. In the event, the tower owner fails, refuses or neglects to remove said tower per this subsection, the town shall have removed the abandoned tower and the total cost plus a five percent administrative fee will be billed to the property owner. If the property owner fails to pay the total cost and administrative fee said cost and fee shall collected as unpaid taxes. In addition, see section 59-2 for penalty provisions.

(j)

Site plan requirements. The following information shall be provided on the site plan: applicable setbacks, easements and rights-of-way, fencing, access, and an area map indicating the proposed tower and coverage, other towers and coverage areas, and any approved tower sites within a five-mile radius.

(k)

Other requirements.

(1)

Proof of ownership of the proposed site or authorization to use it and copies of any easements impacting the site.

(2)

This section is adopted in the interest of public health, safety, and general welfare of the inhabitants of the town.

(Ord. of 2-4-2008(1), § 3; Ord. of 9-9-2009(1), § 1; Ord. of 1-14-2014, § 7)

State Law reference— G.S. 160A-400.53

A zoning or unified development ordinance may not differentiate in terms of the regulations applicable to fraternities or sororities between those fraternities or sororities that are approved or recognized by a college or university and those that are not.

(Ord. of 1-14-2014, § 9)

State Law reference— Section 6 of S.L. 2013-413 (H 74).