The purpose and intent of this Section is to recognize that signs serve a legitimate public service and that they complement and support trade, tourism and investment within Nash County. These regulations are intended to establish standards which maximize the effectiveness of permitted signs while limiting visual distraction to motorists and preserving the land values and natural attractiveness of the area.

All signs except those specifically listed in Section 11-1.3 shall be erected, installed, or modified only in accordance with a duly-issued and valid sign permit issued by the Zoning Administrator. Sign permits shall be issued in accordance with the requirements and procedures of Article IV, Permits and Procedures, and the submission requirements of Appendix 3. If plans submitted for a zoning, special use, or conditional use permit include sign plans in sufficient detail that the permit issuing authority can determine whether the proposed sign(s) comply with the provisions of this Section, then issuance of the requested zoning, special use, or conditional use permit shall constitute approval of the proposed sign(s).

11-1.1.

Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Section should have the meaning indicated when used throughout Section 11-1.

(A)

Sign. Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, designs, or tradenames or trademarks by which anything is known (including any surface, fabric or other material or structure designed to carry such devices such as are used to designate or attract attention to an individual, firm, an association, a corporation, a profession, a business, or a commodity or product) which are exposed to public view and used to attract attention.

(B)

Advertising Signs (Billboards). A sign which publicizes and directs attention to a business, profession, commodity, activity, product, service or entertainment not conducted, sold or offered upon the premises where such sign is located. Three classifications of advertising signs are established and include:

(1)

Type I—located so as to be visible primarily from Federal Aid Primary Roads.

(2)

Type II—located so as to be visible from North Carolina Primary Roads.

(3)

Type III—located so as to be visible from North Carolina Secondary Roads.

(C)

Animated Sign. Any sign which flashes, revolves, rotates or swings by mechanical means, or which uses a change of lighting to depict action, or to create a special effect or scene.

(D)

Banner. A temporary sign of light weight fabric or similar material which is rigidly mounted to a pole or a building by a rigid frame at two or more edges. National, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

(E)

Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface, or made of bronze or other permanent material.

(F)

Canopy Sign. Any sign which is a part of or attached to an awning, canopy or other fabric-like or plastic protective structure which is extended over a door, window, or entranceway. A marquee is not a canopy.

(G)

Commercial Message. Any sign wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. This definition does not include company nameplates or logos on instructional signs.

(H)

Construction Sign. A sign on a construction site during the period of construction on which is printed or written the name of the owner, developer, contractor, architect, planner, engineer, or development title. Parcels that do not abut a public or private road can have one construction sign placed at the easement to the parcel as long as it is placed outside any right-of-way.

(I)

Electronically Controlled Message Sign. A sign on which the copy changes automatically on a lampbank, such that the message or display does not run continuously in the travel mode, and any message or display remains stationary for a minimum of one second on roads where the speed limit is fifty-five miles per hour or greater, or two seconds on roads where the speed limit is less than fifty-five miles per hour. Any sign on which the message or display runs continuously in the travel mode and/or on which any message or display does not remain stationary for a minimum of one second on roads where the speed limit is fifty-five miles per hour or greater, or two seconds on roads where the speed limit is less than fifty-five miles per hour, shall be considered a flashing sign.

(J)

Flashing Sign. A type of animated sign which contains an intermittent, blinking, scintillating, or flashing light source, or which includes the illusion of intermittent or flashing light, or an externally mounted intermittent light source. An electronic changeable copy sign is not a flashing sign.

(K)

Freestanding Sign. Any sign which is supported by structures or supports which are placed on, or anchored in the ground, and which structures or supports are independent from any building or other structure.

(L)

Governmental Sign. Any sign erected by or on behalf of a governmental body to post a legal notice, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

(M)

Identification Sign. A permanent sign announcing the name of a subdivision, residence, group housing project, church, school, park or quasi-public structure or facility, and uses permitted in A-1 and residential zoning districts.

(N)

Incidental Sign. A sign which provides only information for the convenience and necessity of the public. Company logos may be displayed on such signs but must not occupy more than 25% of the sign area. Incidental signs include directories, entrance, exit and other necessary directional signs.

(O)

Menu Sign. A permanent on-premises sign located at businesses which provide drive-up or drive-through services such as fast food restaurants, banks, laundries, etc. Menu signs shall be located so as not to create vehicle stacking problems which will interfere with the flow of traffic.

(P)

Nonconforming Sign. Any sign which does not conform to size, height, location, design, construction, or other requirements of this Ordinance. The nonconformity may result from adoption of this Ordinance or any subsequent amendment.

(Q)

On-Premises Sign. A sign which publicizes and directs attention to a profession, commodity, activity, product, service or entertainment conducted, sold or offered upon the premises where such sign is located. On-premises signs include pole and ground mounted signs. Also included are high rise pole mounted signs where permitted.

UNIFIED DEVELOPMENT ON-PREMISE SIGN:

A freestanding sign that advertises the use of structures that are part of an approved unified development project with separate out parcels recorded on a single plat shall be considered the on premise sign and limited to one per road frontage. Out parcels within the development that abut a public right of way are also entitled to one on premise sign per parcel with the following dimension requirements:

Maximum height of 12 feet; maximum of 250 square feet; and a 5-foot setback from the road right of way and property line. Minimum separation from utility lines shall be in compliance with the requirements of the utility having jurisdiction.

(R)

Portable Sign. A sign not permanently attached to any surface.

(S)

Professional or Occupational Sign or Name Plate. A sign which publicizes and directs attention to a rural family occupation or to a profession.

(T)

Projecting Sign. Any sign which is end mounted or otherwise attached to an exterior wall of a building which forms an angle with said wall.

(U)

Real Estate Sign. A sign which advertises the sale, rent, or lease of property and located on the parcel that is for sale, rent or lease. In situations where a parcel is located on a recorded access easement, a real estate sign may be placed at theintersection of the access easement and the public road. The sign shall not be placed within the right of way of any easement, private or public road.

(U-1)

Real Estate Directional Sign. A sign which indicates the direction to or from a property for sale, lease or rent which is not located on said property for sale, lease or rent.

(V)

Sign Area. The area of a sign shall be measured in conformance with the following:

(1)

The area of the face of a sign shall be calculated to include the outermost part which forms the shape or display. Necessary supports and trim moldings shall not be included when calculating the area of the sign. Aprons below Type I advertising signs shall not exceed 3' in height. Type II and Type III advertising signs aprons shall not exceed 2 feet in height. Aprons serve an aesthetic function and shall not be used for any purposes other than to identify, by name, the sign company responsible for the sign.

(2)

In computing the area of a sign, standard mathematical formulas for common regular geometric shapes (triangle, parallelogram, circle and ellipse, or combinations thereof) shall be used.

(3)

In the case of an irregularly shaped sign or a sign with letters and/or symbols affixed to or painted, displayed or incorporated into or upon a wall, canopy, awning or decorative facade of a building, the area of the sign shall be the area within the singular continuous perimeter, outlining the limits of the writing, representation, emblem, or any figure of similar character.

(4)

Back-to-back and V-type signs mounted so as to be connected and not spread more than 15 feet will be considered as one sign location when calculating horizontal separation between signs. Type I, II, and III advertising signs (billboards) shall not be stacked, horizontally or vertically.

(W)

Sign Height. The vertical distance measured from the ground elevation where the sign is located, to the highest point of the sign except as follows: When the ground elevation is different from the elevation of an adjacent road, the height of a sign shall be measured from the road elevation of the adjacent road at the edge of the pavement.

(X)

Temporary Signs. Temporary signs are those signs which relate to such events as elections, farm auctions, yard sales, agricultural production sales, annual charitable, civic or fraternal events, bona fide grand openings and home show openings.

(Y)

Wall Sign. A sign which is attached to a wall or facade of a building or canopy.

(Z)

Warning Sign. Any sign with no commercial message that displays information pertinent to the safety or legal responsibilities of the public such as signs warning of "high voltage," "no trespassing," and similar directives.

11-1.2.

Sign Standards.

(A)

Sufficient documentation shall be submitted to the Zoning Administrator for review to assure that wind and stress requirements have been met prior to any permit being issued. Such documentation shall be signed and sealed by a registered North Carolina Architect or Engineer.

(B)

All signs shall be installed and maintained in compliance with the North Carolina State Building Code and the National Electrical Code and shall have appropriate permits and inspections. Electrical signs and fixtures shall bear labels of a nationally accepted testing laboratory.

(C)

All signs shall be maintained in a state of good repair and shall present a neat, well-kept appearance.

(D)

All lights used for the illumination of a sign shall be shielded so that the light will not shine directly on surrounding areas or create a traffic hazard or distraction to operators of motor vehicles on the public thoroughfares. The Zoning Administrator shall have the power to order a change in the illumination of any sign that becomes a hazard or a nuisance.

(E)

No illuminated sign, other than professional or occupational signs or nameplates, on-premises signs, incidental signs, or identification signs shall be permitted within 100 feet of any residential zone. Illuminated signs other than those listed above which are located within 300 feet of a residence or residentially zoned district shall not be illuminated between the hours of 12 midnight and 6 a.m.

(F)

The Zoning Administrator or his authorized representative shall have the authority to order the painting, repair, alteration or removal of a sign, at the expense of the owner of such sign, which shall constitute a hazard to safety, health or public welfare by reasons of inadequate maintenance, dilapidation or obsolescence. The existence of a sign or its support structure with no message display for a period of 90 days, shall be justification to declare the sign abandoned and require its removal.

(G)

Any sign erected without proper permits or in violation of this Ordinance shall be brought into compliance within 30 days of notification by the Zoning Administrator or said sign shall be removed immediately. Should the Zoning Administrator be unable to contact and/or identify the owner of off-site advertising signs in violation of this ordinance, he may remove the sign as long as no mechanical equipment is required for its removal. Any real estate directional signs situated in the right of way or site triangle of any public or private road shall be removed by the Zoning Administrator without any notice to the real estate agency or sign owner.

11-1.3.

Exempt Signs. The following listed signs are subject to all placement and dimensional requirements of this Section and shall comply with the North Carolina Department of Transportation sight distance and road rights-of-way clearances. The following listed signs shall, however, be exempt from permit and fee requirements. Exempt signs shall be maintained in good condition and shall not constitute a hazard to safety, health or public welfare. Exempt signs which are found to be in violation shall be ordered corrected or removed.

(A)

Any warning signs; utility signs; signs for public use; and no trespassing, no hunting, or neighborhood watch signs shall contain no commercial message.

(B)

Any sign that is required by law or erected at the direction of a governmental agency.

(C)

Signs erected to regulate traffic.

(D)

Mailboxes, house numbers, nameplates, and building markers not exceeding 4 square feet in area.

(E)

Religious symbols or freestanding message board sign at a place of worship or at a church-owned or operated facility. Such symbols and message boards must meet all setbacks and lighting requirements for signs. Only one message board per facility is allowed regardless of the number of structures or parcels that may be assembled as part of the church or place of worship.

(F)

Construction signs having a maximum area of 32 square feet and a maximum height of 6 feet and limited to one sign per construction site per road frontage. Exempt construction signs must be removed within 15 days following the completion of the project.

(G)

Real estate signs having a maximum area of 12 square feet in residential areas and 32 square feet in other areas and a maximum height of 6 feet. Real estate signs are limited to one per site, per road frontage, or one per 300' of road frontage.

Temporary real estate signs associated with the marketing of a subdivision shall be limited to one sign per subdivision entrance and 32 square feet in area and 12 feet in height. This type of sign must be set back a minimum of 2 feet from all exterior property lines of the subdivision and shall remain clear of the roadway sight distance easement. An additional directory-type sign of the same dimension, height and setback requirements may be located within the interior of a subdivision. Real estate signs must be removed within 30 days following completion of the project or transaction.

(H)

Temporary signs shall not be placed more than 50 days prior to the event, election or grand opening and must be removed within 10 days following the event, election or grand opening. Such signs are limited to 32 square feet in area and 6 feet maximum height.

(I)

Advertising signs erected at ball fields or stadiums either owned by or under the supervision of the Nash-Rocky Mount Board of Education or other recognized academic school, provided:

1.

Individual advertising signs may be no larger than four feet x eight feet per sign face and only have one sign face.

2.

If lighted, illumination shall only occur during programmed activities.

3.

Signs may not exceed seven feet in height except those signs mounted on a scoreboard or announcing booth.

(J)

Real estate directional signs.

11-1.4.

Prohibited Signs. The following signs shall not be permitted, erected or maintained within the Nash County planning and zoning jurisdiction.

(A)

Signs with moving, revolving or rotating parts, optical illusions or movement or mechanical movements by any description or other apparent movement achieved by electrical, electronic or mechanical means, except for time, temperature, date signs; traditional barber poles; and electronically controlled message signs.

(B)

Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations, except for: time, temperature, date signs; traditional barber poles; and electronically controlled message signs.

(C)

Strings of light bulbs used in connection with commercial premises for commercial purposes other than traditional holiday decorations, during the appropriate holiday period.

(D)

Portable signs, including signs painted on or displayed on vehicles or trailers used to serve primarily as a sign, shall be prohibited except that portable signs used as temporary signs as defined in 11-1.1(X) and in compliance with 11-1.3(H) are permitted.

(E)

Signs erected, maintained, painted or drawn on any tree, rock or other natural feature.

(F)

Signs which extend vertically above the highest portion of the roof of any structure.

11-1.5.

Sign Placement, Size, Height, Setback, Separation, Clearances and Construction By Sign Type.

(A)

Type I - Advertising Signs, Billboards. Type I advertising signs and billboards are located so as to be visible primarily from federal aid primary roads (I-95, US 64, US 264, US 301).

(1)

Maximum height: 35 feet. (In the event that unique conditions exist on a site which render the 35-foot maximum height requirement impracticable, the Board of Adjustment may, upon proper finding of facts, grant a height variance not to exceed a maximum height of 50 feet.)

(2)

Minimum separation from another billboard: 750 feet measured along the same side of the road and 300 feet radius along an intersecting or adjacent road.

(3)

Signs located within nonresidential zoning districts must comply with the separation standards as contained herein.

(4)

Maximum sign size:

(a)

672 square feet in area.

(b)

14 feet in height, 48 feet in width.

(c)

Top outs and side outs are permitted in addition to the above sign area dimensions. Top outs and side outs shall be confined to the immediate plane of the sign and may extend above and/or to the side of the sign face a maximum of two feet. Top outs and side outs shall not exceed a total of 32 square feet in area.

(5)

Minimum setback from the road right-of-way: 5 feet.

(6)

Minimum separation from other structures and side or rear property lines: 15 feet.

(7)

Minimum separation from utility lines shall be in compliance with the requirements of the utility having jurisdiction.

(8)

All structures, blank surfaces, backs and supports shall be uniformly painted in a neutral finish when exposed to any road and shall be maintained in good repair.

(9)

Minimum requirements contained within the North Carolina Outdoor Advertising Control Act (North Carolina General Statute 136-126 et seq.) which are more stringent or in addition to those contained in this Section shall apply.

(B)

Type II Advertising Signs, Billboards. Type II advertising signs and billboards are located so as to be primarily visible from North Carolina primary roads (NC 4, NC 33, NC 43, NC 48, NC 56, NC 58, NC 97, NC 98, NC 231, NC 561, NC 581).

(1)

Maximum height: 30 feet.

(2)

Minimum separation from another billboard: 750 feet measured along the same side of the road and 500 foot radius from another billboard on the opposite side of the same road and 300 feet radius along an intersecting or adjacent road.

(3)

Signs located within A-1 zoning districts shall maintain a minimum separation of 150 feet from any residence as measured along the road beginning at a point projected perpendicular from the near side of an existing residence to the road right-of-way and 150 feet from any residentially zoned district boundary. Signs located within all other nonresidential zoning districts must comply with the separation standards as contained herein.

(4)

Maximum size:

(a)

300 square feet in area.

(b)

12 feet in height, 25 feet in width.

(c)

Top outs and side outs are permitted in addition to the above sign dimensions. Top outs and side outs shall be confined to the immediate plane of the sign and may extend above and/or to the side of the sign face a maximum of 1 foot. Top outs and side outs shall not exceed a total of 16 square feet in area.

(5)

Minimum setback from road right-of-way: 10 feet.

(6)

Minimum separation from other structures and side or rear property lines: 15 feet.

(7)

Minimum separation from utility lines shall be in compliance with the requirements of the utility having jurisdiction.

(8)

Signs greater than 72 square feet in area and/or 15 feet in height shall be of steel or wood construction.

(9)

Signs 72 square feet or less in area and 15 feet or less in height may be constructed utilizing no more than two support poles of wood or metal.

(10)

All structures, blank surfaces, backs and supports shall be uniformly painted in a neutral finish when exposed to any road and shall be maintained in good repair.

(C)

Type III Advertising and Billboards. Type III advertising signs and billboards are located so as to be primarily visible from North Carolina secondary roads.

(1)

Maximum height: 15 feet.

(2)

Minimum separation from another billboard: 750 feet measured along the same side of the road and 300 feet radius along the opposite side of the same road or an intersecting or adjacent road.

(3)

Signs located within A-1 zoning districts shall maintain a minimum separation of 150 feet from any residence as measured along the road beginning at a point projected perpendicular from the near side of an existing residence to the road right-of-way and 150 feet from any residential zoning district boundary. Signs located within all other nonresidential zoning districts must comply with the separation standards as contained herein.

(4)

Maximum size: 72 square feet in area.

(5)

Minimum setback from road right-of-way: 10 feet.

(6)

Minimum separation from other structures and side or rear property lines: 15 feet.

(7)

Minimum separation from utility lines shall be in compliance with the requirements of the utility having jurisdiction.

(8)

Signs 72 square feet or less in area and 15 feet or less in height may be constructed utilizing no more than two support poles of wood or metal.

(9)

Any structures, blank surfaces, backs and supports shall be uniformly painted in a neutral finish when exposed to any road and shall be maintained in good repair.

(D)

On-Premises Signs (freestanding pole, high rise or ground mounted on-premises signs).

(1)

Maximum height: 35 feet, except that businesses or industries in commercial and industrial zones and located within 3000 feet of the end of the controlled access from a federal highway may erect a sign up to 125 feet in height, known as a high rise sign. Standard Board of Adjustment rules of procedure shall be followed when considering height variances not covered by the above exception. Each case shall be considered on its own merits. If a business is granted a high rise sign under this exception and the placement of that sign is behind the rear building line of the business, the Board of Adjustment may grant an additional free standing sign which meets the standards set forth below.

(2)

Maximum Sign Size: 400 square feet of sign area per adjoining public road frontage. Maximum sign size is a cumulative total and shall not exceed 400 square feet in area when multiple displays are used on a single support. High rise signs may have a sign area equal to 5 sq. ft. in sign area for every one foot in height.

(3)

Maximum number of freestanding or ground mounted on-premises signs per parcel: 1 sign per adjoining public road frontage. In addition, a maximum of one high rise sign is allowed as described in [sub]section (1).

(4)

Minimum separation from rights-of-way, property lines and structures: 5 feet. High rise signs must be 300 feet from any other high rise sign and no closer than 100 feet from any freestanding sign greater than 10 feet in height.

(5)

Minimum separation from utility lines shall be in compliance with the requirements of the utility having jurisdiction.

(6)

No unfinished surfaces or structures shall be exposed on on-premises signs.

(E)

Wall Signs (including canopy, awning and building facade signs).

(1)

Maximum area: 1 square foot of sign area per linear foot of building, canopy or awning per building side. Sign footage permitted per building side may not be used on other than that building side (no transfers or cumulative totals).

(2)

Minimum guaranteed wall signage area at any individual premises is 32 square feet.

(3)

The maximum projection of a wall sign shall not exceed 12 inches.

(4)

The height of a wall sign shall not exceed the height of the building or canopy facade.

(F)

Professional or Occupational Name Plates and Incidental Signs.

(1)

Maximum sign area: 6 square feet.

(2)

Maximum height: 30 inches if ground mounted, signs in this category may also be mounted against the structure.

(3)

Minimum setback from all property lines: 2 feet.

(4)

Maximum number of signs per business establishment: 1.

(G)

Identification Signs.

(1)

Maximum sign area: 32 square feet.

(2)

Maximum height: 6 feet.

(3)

Minimum setback: 10 feet from all property lines.

(4)

Maximum number of signs per adjoining road frontage: 1.

(H)

Menu Signs.

(1)

Maximum sign area: 45 square feet.

(2)

Maximum height if ground mounted: 8 feet.

(3)

Minimum setback from all property lines: 10 feet.

(4)

Maximum number of signs per business establishment: 1.

_____

11-1.6.

Permitted Signs. Table 11-1-6, Table of Permitted Signs delineates the types of signs permitted within the various zoning districts in Nash County (see Section 9-1 for a complete description of the individual zoning districts).

Notes:

X = Indicates permitted.

Blank = Indicates not permitted.

*Advertising signs in this category shall also comply with the permit procedures contained in the current edition of the North Carolina Department of Transportation outdoor advertising manual.

_____

11-1.7.

Nonconforming Signs. It is the intent of this Ordinance to permit signs which were lawful before the effective date of this Ordinance to remain in service. Specific provisions regarding nonconforming signs are delineated in Section 6-7.

11-2.1.

General Requirements.

(A)

Parking, Stacking and Loading Space Required. When any building or structure is erected, modified, enlarged or increased in capacity, or any open use is established, modified or enlarged, the requirements of this Section shall be met. For enlargements, modifications, or increase in capacity, the requirements of this Section shall apply only to such enlargements, modifications or increases in capacity.

(B)

Required Number. The minimum number of required off-street parking, stacking and loading spaces is indicated in Section 11-2.3 (Number of Parking and Stacking Spaces Required) and Section 11-2.7 (Loading Areas). In cases of mixed occupancy, the minimum number of off-street parking, stacking and loading spaces shall be the cumulative total of individual use requirements unless otherwise specified.

(C)

Handicapped Spaces. Spaces for the physically handicapped shall be provided as required by the NC Building Code, Volume I-C.

(D)

Minimum Required. In all instances where off-street parking is required, except for residential uses, a minimum of five parking spaces shall be provided.

(E)

Reduction of Minimum Requirements. Unless there is a change in use requiring fewer spaces, the number of spaces shall not be reduced below the minimum requirements of this Ordinance.

(F)

Maintenance. All parking, stacking and loading facilities shall be permanently maintained by the owners or occupants as long as the use they serve exists.

(G)

Access. All parking, stacking and loading facilities shall have vehicular access to a public street or approved private street.

(H)

Use for No Other Purpose. Land used to provide required parking, stacking, and loading shall not be used for any other purposes, except for temporary events. If such land is devoted to any other purpose, the Certificate of Occupancy of the affected principal use shall immediately become void.

(I)

Compliance With Air Quality Standards. The construction of or modification to (i) open parking lots containing 1,500 or more spaces or (ii) parking decks and garages containing 750 or more spaces shall comply with the concentrated air emissions standards of the NC Division of Environmental Management.

11-2.2.

Parking Requirements for Change in Use. If a change in use causes an increase in the required number of off-street parking, stacking or loading spaces, such additional spaces shall be provided in accordance with the requirements of this Ordinance; except that if the change in use would require an increase of less than five percent in the required number of parking spaces, no additional off-street parking shall be required.

11-2.3.

Number of Parking and Stacking Spaces Required.

(A)

The minimum number of required off-street parking and stacking spaces is indicated in Table 11-2-1.

(B)

Whenever the number of parking spaces required by Table 11-2-1 results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.

(C)

For any use not specifically listed in Table 11-2-1, the parking and stacking requirements shall be those of the most similar listed use, as determined by the Zoning Administrator.

(D)

All developments in all zoning districts shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question.

(E)

The Board of Commissioners recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in Table 11-2-1 may result in a development either with inadequate parking space or parking space far in excess of its needs. Therefore, the permit-issuing authority may permit deviations from the requirements of Table 11-2-1 and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the general standard delineated in subsection (D). The permit-issuing authority may allow deviations, for example, when it finds that a residential development is irrevocably oriented toward the elderly, disabled or other population that demonstrates a lesser parking need or when it finds that a business or service is primarily oriented to walk-in trade. Whenever the permit-issuing authority allows or requires a deviation from the requirements of Table 11-2-1, it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.

/ = Per

* = NCDOT may require additional stacking spaces on state or federal highways.

_____

11-2.4.

Design Standards for Parking, Stacking and Loading Areas.

(A)

Parking facilities shall be designed and constructed so as to:

(1)

Allow unobstructed movement into and out of each parking space without interfering with fixed objects or vehicles;

(2)

Minimize delay and interference with traffic on public roads and access drives;

(3)

Maximize sight distances from parking lot exits and access drives; and

(4)

Allow off-street parking spaces in parking lots to have access from parking lot driveways and not directly from roads.

(B)

Dimensional Requirements. Parking facilities shall be designed and constructed to meet the minimum parking space dimensions, aisle dimensions and other standards found in Table 11-2-2.

(C)

Improvements.

(1)

Paving:

(a)

Required parking spaces, access drives, and loading areas shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights.

(b)

Access drives shall be paved and maintained from the curbline to a point at least ten feet beyond the public right-of-way line for all parking and loading facilities, whether paved or unpaved.

(*) 9'-0" Recommended (*) 8'-6" Minimum (*) 7'-6" Compact Cars Only, for non-required spaces only.

Stacking Space Geometric Design Standards

;le=2;Stacking Spaces shall be twelve (12) feet by twenty (20) feet.

_____

_____

(c)

Paving shall not be required for:

(i)

Parking facilities for public parks owned and operated by local governments or parking facilities used on an irregular basis for churches, private clubs or other similar nonprofit organizations.

(ii)

Parking facilities for residential uses where six or fewer spaces are required.

(iii)

Parking areas for agricultural uses in the Agricultural District (A-1).

(iv)

Parking areas in the General Industrial District (GI) or manufacturing and industrial uses in the Light Industrial District (L-I), provided they are constructed with an all-weather surface.

(v)

Parking areas for tracked heavy construction equipment, skid-mounted equipment and similar equipment, provided they are constructed with an all-weather surface.

(d)

Where parking facilities are paved, curb and gutter or an equivalent drainage system shall be provided along the periphery of the parking lot, except where it is determined by the Zoning Administrator that such system is not practical for storm drainage purposes.

(e)

All facilities shall be graded, properly drained, stabilized and maintained to minimize dust and erosion.

(f)

All parking spaces and stacking lanes shall be clearly identified with paint lines, bumper guards, curbs, or similar treatment.

(g)

All parking spaces shall be provided with wheel guards or curbs located so that no part of the parked vehicle will extend beyond the property line or encroach more than two feet into a required planting area.

(h)

Concrete pads for stationary refuse containers shall be provided beneath and in the approach to each container.

(i)

Parking lots shall be designed and constructed such that walkways shall maintain a minimum unobstructed width of four feet (vehicle encroachment is calculated as two feet beyond curb).

11-2.5.

Location.

(A)

Off-site Parking Lots. When required off-street parking is permitted to be located off-site, it shall begin within five hundred feet of the zone lot containing the principal use. Required off-street parking shall not be located across an intervening major or minor thoroughfare.

(B)

Parking in Nonresidential District. Automobile parking for any use may be provided in any nonresidential district.

(C)

Parking in Residential Districts. Surface parking in a residential district for any use not permitted in that district is allowed under the following conditions:

(1)

Property on which the parking is located must abut the lot containing the use which the parking serves. The property must be under the same ownership or subject to a parking encumbrance agreement. All access to such property shall be through nonresidentially zoned property;

(2)

Parking shall be used only during daylight hours;

(3)

Parking shall be used by customers, patrons, employees, guests, or residents of the use which the parking serves;

(4)

No parking shall be located more than one hundred twenty feet into the residential zoning district.

(5)

No parking shall be permitted closer than one hundred fifty feet to any public road right-of-way upon which the principal use would not be permitted driveway access; and

(6)

Long-term or dead storage, loading, sales, repair work or servicing of vehicles is prohibited.

11-2.6.

Combined Parking.

(A)

Separate Uses. The required parking for separate or mixed uses may be combined in one facility.

(B)

Shared Parking. A maximum of fifty percent of the parking spaces required for a church, theater, auditorium or assembly hall or other similar use may also serve as required spaces for another use located on the same zone lot. Shared spaces may also be located off-site as allowed in Section 11-2.5(A) (Off-site Parking Lots). In either case, the Zoning Administrator must determine that the various activities will have peak parking demand at different periods of the day or week. Otherwise, no off-street parking required for one building or use shall be applied toward the requirements of any other building or use.

(C)

Reassignment. Required off-street parking spaces shall not be leased or otherwise assigned to another use except as provided in subsection (B).

_____

11-2.7.

Loading Areas.

(A)

Location. Off-street loading areas shall be located on the same zone lot as the use they serve.

(B)

Design Standards.

(1)

Minimum Number of Loading Spaces Required:

(a)

Retail operations, including restaurant and dining facilities within hotels and office buildings:

(b)

Office buildings and hotels:

(c)

Industrial and wholesale operations:

(2)

Each loading space shall be at least twelve feet wide, sixty-five feet long, and fourteen feet in clearance.

(3)

All off-street loading areas shall be arranged and marked to provide for orderly and safe unloading and loading, and shall not hinder the free movement of vehicles and pedestrians. All loading and unloading maneuvers shall take place on private property. No backing in from a road or maneuvering on the road right-of-way shall be permitted.

_____

11-2.8.

Parking and Loading Area Landscaping. All parking lots containing ten or more spaces shall provide landscaping and screening in accordance with the standards delineated in Section 11-3.1.

11-2.9.

Excessive Illumination In Parking Lots and Loading Areas. Lighting within any parking and loading area that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of such other lot is prohibited.

(Ord. of 12-3-2018)

The purpose of this Section is to establish minimum landscaping and screening requirements that provide: (i) a visual buffer between parking and loading areas and public roads, (ii) a visual buffer between parking and loading areas and adjoining residential land uses, (iii) screening of solid waste collection dumpsters, and (iv) screening between certain incompatible land uses.

11-3.1.

Parking and Loading Area Landscaping.

(A)

Roadside Buffer Yard Requirements.

(1)

All parking lots containing ten or more parking spaces, except for parking facilities used on an irregular basis for churches, private clubs or other similar nonprofit organizations, and parking areas located within a LI, GI or PI Zoning district that does not abut a residential zone, shall include a minimum 10-foot perpetually maintained natural or planted buffer yard to screen the parking lot from all adjoining public road rights-of-way (where such parking lot is not screened visually by an intervening building).

(2)

The required roadside buffer yard shall contain at least one canopy tree for each sixty linear feet of road frontage and each tree shall be a minimum of 8 feet in height and shall have a minimum caliper of 2 inches (measured six inches above grade) at the time of planting. Each tree shall be a species which can be expected to attain a minimum height of 40 feet and have a crown width of 30 feet or greater at maturity.

(3)

The required buffer yard shall also contain evergreen shrubs, planted four feet on center, which are of a species which can be expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within 3 years of planting.

(4)

All portions of the roadside buffer yard not planted with trees or shrubs or covered by a wall or other barrier shall be planted with grass, ground cover, or natural mulch of a minimum depth of 3 inches.

(B)

Property Line Buffer Yard Requirements. Any parking lot and loading area: (i) which contains ten or more parking spaces, (ii) which is located on a commercially-, industrially-, or institutionally-used lot, and (iii) which abuts a residentially zoned lot shall include a minimum 10-foot perpetually maintained natural or planted buffer yard along all adjoining property lines that do not coincide with road rights-of-way.

The required property line buffer yard shall comply with the planting standards set out in subsection (A) for roadside buffer yards except that there shall be one canopy tree for each 60 LF of property line adjoining a residentially zoned lot rather than for each 60 LF of road frontage.

11-3.2.

Screening of Dumpsters. Solid waste collection dumpsters which are (i) located on sites used for multi-family residential, commercial, institutional, or industrial purposes and (ii) abutting a residence, residentially zoned lot, or road right-of-way shall be screened from the view of adjoining residences, residentially zoned lots, or road rights-of-way. Such screening may consist of natural vegetation, fences, walls, or berms and shall be installed, located, or constructed so as to create an effective screen.

11-3.3.

Screening of Adjoining Incompatible Land Uses.

(A)

Multi-family Residential Uses. Whenever 8 or more multi-family residential dwelling units are proposed to be located directly abutting property which is used for single-family residential purposes or which is zoned for single-family residential use, the multi-family use shall provide screening in accordance with the following standards:

(1)

A minimum 15-foot perpetually maintained natural or planted buffer yard shall be provided along all property lines directly abutting a single-family used or zoned lot.

(2)

The buffer yard shall contain 2 canopy trees and 3 understory trees per 100 linear feet of buffer yard. Canopy trees shall be a minimum of 8 feet in height and 2 inches in caliper (measured 6 inches above grade) when planted. When mature, a canopy tree should be at least 40 feet high and have a crown width of 30 feet or greater. Understory trees shall be a minimum of 4 feet high and 1 inch in caliper (measured 6 inches above grade) when planted.

(3)

The buffer yard shall also contain 17 shrubs per 100 linear feet of buffer yard. All shrubs shall be of a species which can be expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within 3 years of planting.

(4)

All portions of the buffer yard not planted with trees or shrubs or covered by a wall or other barrier shall be planted with grass, ground cover, or natural mulch of a minimum depth of 3 inches.

(B)

Industrial and Commercial Uses. Whenever an industrial or commercial use is proposed to be located so that the principal building, accessory building(s), outdoor use areas, or parking and loading areas are within 100 feet of a lot which is used for residential purposes or which is zoned for residential use, the industrial or commercial use shall provide screening in accordance with the following standards:

(1)

A minimum 25-foot perpetually maintained natural or planted buffer yard shall be provided along all property lines directly abutting a residentially used or zoned lot.

(2)

The buffer yard shall contain 3 canopy trees and 5 understory trees per 100 linear feet of buffer yard. Canopy trees shall be a minimum of 8 feet in height and 2 inches in caliper (measured 6 inches above grade) when planted. When mature, a canopy tree should be at least 40 feet high and have a crown width of 30 feet or greater. Understory trees shall be a minimum of 4 feet high and 1 inch in caliper (measured 6 inches above grade) when planted.

(3)

The buffer yard shall also contain 25 shrubs per 100 linear feet of buffer yard. All shrubs shall be of a species which can be expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within 3 years of planting.

(4)

All portions of the buffer yard not planted with trees or shrubs or covered by a wall or other barrier shall be planted with grass, groundcover, or natural mulch of a minimum depth of 3 inches.

11-3.4.

Alternative Screening Methods.

(A)

Under certain circumstances the application of the standards delineated in Section 11-3.1 through 11-3.3 is either inappropriate or ineffective in achieving the purposes of this Ordinance. When screening is required by this Section or by other provisions of this Ordinance and the site design, topography, unique relationships to other properties, lot configuration, spatial separation, natural vegetation, or other special considerations exist relative to the proposed development, the developer may submit a specific plan for screening to the Zoning Administrator. This plan must demonstrate how the purposes and standards of this Ordinance will be met by measures other than those listed in Sections 11-3.1 through 11-3.3. If approved by the Zoning Administrator, the alternative screening plan may be utilized to meet the requirements of this Ordinance.

(B)

A combination of natural vegetation, fences, walls and berms may be utilized to achieve the screening requirements of Sections 11-3.1 through 11-3.3 provided that the following standards are met:

(1)

Walls (a minimum of 5 feet in height and constructed of masonry, stone or pressure treated lumber) or an opaque fence (a minimum of 5 feet in height) may be used to reduce the widths of the buffer yards required in Sections 11-3.3(A)(1) and (B)(1) by 10 feet.

(2)

Understory tress may be substituted for canopy trees if, in the opinion of the Zoning Administrator upon conferring with the electrical utility provider, a conflict exists with overhead utility lines.

(3)

Wall planters shall be constructed of masonry, stone or pressure treated lumber and shall have a minimum height of 30 inches. The minimum height of shrubs in wall planters shall be 6 inches. The effective planting area of the wall planter shall be 4 feet in width (7 feet if the wall planter contains trees).

(4)

Any berm utilized for screening purposes shall have a minimum height of 3 feet, a minimum crown width of 3 feet, and a side slope no greater than 3:1.

11-3.5.

Maintenance. In order for any screening to fulfill the purpose for which it was established, it must be properly maintained. The owner of the property and any tenant on the property where screening is required will be jointly and severally responsible for the maintenance of all required screening materials. Maintenance includes actions necessary to keep screening materials healthy, neat and orderly in appearance and free of litter and debris. Any live screening materials such as shrubs and trees which may die must be replaced in compliance with the minimum standards of this Ordinance. All screening and landscaping areas must be protected from damage by motor vehicles or pedestrians which could reduce the effectiveness of the screening.

11-3.6.

Use of Existing Screening. When a lot is to be developed so that screening is required and that lot abuts an existing hedge, fence or other screening material on the adjoining lot, then that existing screen may be used to satisfy the requirements of this Ordinance. The existing screen must meet the minimum standards for screening established by this Ordinance and it must be protected from damage by pedestrians or motor vehicles. However, the burden to provide the necessary screening remains with the use to be screened and is a continuing obligation that runs with the land so long as the original use continues in operation. Consequently, should the screening on the adjoining lot be removed, the use required to be screened shall, at that time, provide screening in accordance with the requirements of this Ordinance.

11-3.7.

Obstructions Prohibited. Landscaping and screening materials shall not obstruct the view of motorists using any road, driveway, or parking aisle.

11-3.8.

Guarantee in Lieu of Immediate Installation of Landscaping and Screening Materials. It is recognized that land development occurs continuously and that vegetation used in landscaping or screening should be planted at certain times of the year to ensure the best chance of survival. In order to ensure compliance with this Ordinance and reduce the potential expense of replacing landscaping or screening materials which were installed in an untimely or improper fashion, the developer may provide, in accordance with the provisions of Section 4-8, an adequately secured performance bond or other security to ensure that all of the requirements of Section 11-3 will be fulfilled.

11-4.1.

Application of Development Standards. The development standards listed herein are additional to other requirements in this Ordinance. These development standards are use-specific and apply to those uses designated with a 'D' in Table 9-3-1 Table of Permitted Uses. Uses requiring approval of a Special Use or Conditional Use Permit (designated with a 'S' or 'C' in Table 9-3-1) shall also be subject to these standards and any additional standards or conditions required by the Special Use Permit or Conditional Use Permit.

11-4.2.

Standards for All Uses. The following rules apply to all development standards and uses listed below:

(A)

Property Separation. All measurements shall be made by drawing straight lines from the nearest point of the lot line where the proposed use is to be located to the lot line of the closest use (or zoned property) from which the proposed use is to be separated.

(B)

Use Separation. All measurements shall be made by drawing straight lines from the nearest point on the wall of a proposed or existing principal building or edge of a proposed use to the nearest point on the wall of the principal building from which the subject building is to be separated, unless otherwise specified.

(C)

Outdoor Lighting. Outdoor lighting structures shall be located, angled, shielded, or limited in intensity so as to cast no direct light upon adjacent property and to avoid the creation of a visual safety hazard to passing motorists.

11-4.2(a)

Accessory Solar Panel Array (Photovoltaic).

(A)

Where Required. All zoning districts.

(B)

Accessory Use.

(1)

Solar panel arrays shall be permitted as an accessory use to the principal structure(s) located on the same lot or as part of a nonresidential unified development.

(2)

An accessory solar panel array shall provide or supplement the power for the principal use of the property on which it is located and shall not be installed and/or used for income generation purposes where power is sold either to a utility provider or other similar third party entity for primarily offsite energy consumption. This provision shall not, however, limit the ability of the property owner to:

(a)

Transfer or sell excess power generated onsite back to the utility provider or other third party entity; or

(b)

Receive credit from a local utility provider for the power generated onsite as a means to offset utility bills.

(C)

Adjacent Structures or Foliage. Nothing detailed herein shall be construed to mandate or require property owners adjacent, or in close proximity, to a lot where a solar panel array is being erected to manage, remove, or otherwise alter existing or future structures or foliage to guarantee solar access to the proposed array.

(D)

Roof-Mounted and Integrated.

(1)

Accessory solar panel arrays may be mounted on the roof or integrated into the design (i.e., shingles, canopies, etc.) of any code compliant structure.

(2)

Structural engineering demonstrating that the roof or structure can support the weight of the proposed solar panel array and that the design of the proposed solar panel array will satisfy the wind loading and uplift standards for the wind zone in which it is to be located shall be required as part of the construction permit review process.

(E)

Ground-Mounted.

(1)

Industrial Zoning Districts. Ground-mounted accessory solar panel arrays located in industrial zoning districts shall be permitted as solar farms in accordance with the development standards of Article XI, Section 11-4, Subsection 11- 4.72(a).

(2)

All Other Zoning Districts.

(a)

Maximum Area. Ground-mounted accessory solar panel arrays may occupy a maximum area, as measured around the perimeter of the panel array, of up to 50% of the footprint of the principal structure(s) located on the same lot, but shall not exceed a total area of one-half (½) acre in agricultural or residential zoning districts and one (1) acre in commercial or office and institutional zoning districts.

(b)

Maximum Height. Ground-mounted accessory solar panel arrays shall not exceed ten (10) feet in height, as measured from the highest grade at the base of the array to its highest point.

(c)

Setback Requirements.

i.

Ground-mounted accessory solar panel arrays shall be located either behind the rear line of the principal structure(s) located on the same lot or a minimum of two hundred (200) feet from the front property line as measured to the nearest extension of any part of the solar panel array.

ii.

Ground-mounted accessory solar panel arrays shall meet the standard side, rear, and street side (corner) property line setbacks required for principal structures by the zoning district in which they are located as measured to the nearest extension of any part of the solar panel array.

(d)

Separation From Structures. Ground-mounted accessory solar panel arrays shall be located a minimum of five (5) feet from any principal or accessory structure as measured to the nearest extension of any part of the solar panel array.

(e)

Sight Distance. Ground-mounted accessory solar panel arrays shall not impair the sight distance required for safe road access to or from the property or other properties in the vicinity.

(f)

Screening. Ground-mounted solar panel arrays accessory to commercial or industrial land uses shall be subject to the adjoining incompatible land use screening requirements of Article XI, Section 11-3, Subsection 11-3.3 (B) except that understory trees may be substituted for any required canopy trees.

(g)

Onsite Well and Wastewater System Avoidance. A certificate of compliance shall be issued by the Nash County Environmental Health Division prior to the installation of ground mounted accessory solar panel arrays on lots containing either an onsite well or wastewater (septic) system in order to verify that the proposed location of the array shall meet any required separation distances.

(h)

Wind Loading. Structural engineering demonstrating that the design of the proposed solar panel array will satisfy the wind loading and uplift standards for the wind zone in which it is to be located shall be required as part of the construction permit review process.

(Ord. of 8-6-2018)

11-4.3.

Adult Bookstore, Adult Theater, Adult Massage Parlor.

(A)

Where Required. GC district.

(B)

Conformance with County Ordinances. The use shall conform to the requirements of the Ordinance to Regulate Adult Businesses and Sexually Oriented Businesses in Nash County and the Ordinance of the County of Nash to Provide for Regulation and Licensing of Massage Establishments or Parlors, as applicable.

11-4.4.

Airport or Air Transportation Facility.

(A)

Where Required. OI, GC, and PI districts.

(B)

Minimum Area. Fifty acres for Basic Utility Stage 1 airport with 2,000-foot runway. More area is required for larger airports. Airport size and layout shall conform to FAA Advisory Circular 150/5300-4B.

(C)

Use Separation. There shall be a minimum 300-foot distance between the airport property and the nearest residence.

(D)

Fencing. Security fencing shall be provided sufficient to control access to runways and taxiways. The fencing shall be a minimum 6 feet in height.

11-4.5.

Ammunition, Small Arms Manufacture.

(A)

Where Required. GI District.

(B)

Use Separation. No such facility shall locate within a 500-foot radius of any residential or office and institutional zoning district.

(C)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of such a facility.

(D)

Operation. The facility and its operation shall observe all Fire Prevention and Protection requirements.

11-4.6.

Amusement or Water Parks, Fairgrounds.

(A)

Where Required. A-1 district.

(B)

Minimum Area. Minimum lot size shall be 5 acres.

(C)

Property Separation. No buildings or structures, temporary or otherwise, shall be located within 50 feet of any property line.

(D)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of the park activities.

(E)

Use Separation. No amusement equipment, machinery or mechanical device of any kind may be operated within 200 feet of any residentially used or zoned property.

11-4.7.

Amphitheaters.

(A)

Where Required. OI and GC districts.

(B)

[Hours of Operation.] The hours of operation allowed shall be compatible with the land uses adjacent to the amphitheater.

(C)

[Noise.] The amount of noise generated shall not disrupt the activities of adjacent land uses.

(D)

[Parking.] Parking generated by the event must be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.

(E)

[Access.] Principal access must be from a collector or higher capacity road.

(F)

[Theatre screen location.] No part of any theater screen, projection booth, or other building shall be located closer than 500 feet to any existing residence or any closer than 50 feet to any other property line or public road right-of-way. No parking space shall be located closer than 100 feet to any residentially-used or zoned property.

(G)

[Stage placement.] The amphitheater stage shall not face or be visible from a road or highway unless screened with an approved solid barricade screen.

11-4.8.

Animal Rendering.

(A)

Where Required. GI district.

(B)

Property Separation. All structures, buildings or enclosed areas used for the operation shall be a minimum of 150 feet from all property lines.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(E)

Fencing. Security fencing shall be provided around all outside storage areas.

(F)

Access. A truck route plan shall be submitted showing routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools or other land uses which would be negatively impacted by truck traffic.

(G)

Odors. The use shall not generate fumes or odors beyond what normally occurs in the zoning district in which it is located.

11-4.9.

Animal Specialty Services.

(A)

Where Required. RC and GC districts.

(B)

Outside Storage. Pens and runs located outdoors are prohibited.

11-4.10.

Athletic Fields.

(A)

Where Required. A-1 and all residential districts.

(B)

Access. All athletic fields shall have access to collector or higher capacity road.

(C)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.11.

Automobile Repair Services.

(A)

Where Required. RC district.

(B)

Maximum Built-Upon Area. Outdoor storage areas and all other built-upon areas shall not exceed 24 percent.

(C)

Operation. No outdoor disassembly or salvaging shall be permitted.

(D)

Screening. Any outdoor storage area must be screened with a 6-foot high opaque fence in addition to any landscaping or screening required by Section 11-3.

(E)

Dust. All unpaved storage areas shall be maintained in a manner so as to limit dust from leaving the storage area.

11-4.12.

Bar, Night Club, and Tavern.

(A)

Where Required. RC and GC districts.

(B)

Use Separation. No bar, night club or tavern shall be located within 500 feet of any other bar, night club or tavern.

(C)

Property Separation. No such establishment shall be located within 500 feet of a church, elementary or secondary school, public park or residentially zoned lot. In no case shall such establishment be located within 500 feet of an existing residence.

(D)

Screening. A minimum 6-foot high opaque fence or vegetative buffer shall be erected adjacent to the property line of abutting residences.

(E)

Parking. Parking areas related to the establishment shall be located no closer than 75 feet to the property line of abutting residences.

11-4.13.

Batting Cages.

(A)

Where Required. RC district.

(B)

Security Fencing. Fencing, netting or other control measures shall be provided around the perimeter of the batting area to prevent balls from leaving the designated area.

11-4.14.

Bed and Breakfast.

(A)

Where Required. A-1 and all residential districts.

(B)

Use Separation. No such facility shall locate within 400 feet of another bed and breakfast.

(C)

Operation.

(1)

The use must be owned and operated by a resident owner.

(2)

The use shall be located in a structure which was originally constructed as a dwelling.

(3)

Meals served on the premises shall be only for guests of the facility.

(D)

Signs. There shall be no exterior advertising except that which is permitted for a home occupation.

(E)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.15.

Building Supply Sales.

(A)

Where Required. RC and GC districts.

(B)

Screening. All outside storage shall be completely screened from view from all roads and adjacent residentially zoned property.

(C)

Security Fencing. Security fencing, a minimum 6 feet in height, shall be provided around all outside storage areas.

(D)

Dust. All storage areas shall be maintained in a manner so as to limit dust from drifting onto adjoining properties.

11-4.16.

Caretaker Dwelling.

(A)

Where Required. OI, all commercial, and all industrial districts.

(B)

Operation. A building permit for the principal building must be obtained or the principal use must be initiated prior to occupancy.

(C)

Number. No more than 1 caretaker dwelling unit shall be permitted per lot.

(D)

[Manufactured home permitted.] A caretaker dwelling may be a manufactured home.

(E)

[Requilrements.] A caretaker dwelling shall:

(1)

Have an approved sewage disposal connection or system;

(2)

Meet all setbacks applicable to the principal building or use;

(3)

Be erected in accordance with the NC Building Code;

(4)

Be located on a lot which has sufficient lot area for both the principal use and a single-family residence.

11-4.17.

Carnivals and Fairs.

(A)

Where Required. A-1, OI, and PI districts.

(B)

Minimum Lot Area. The minimum lot size shall be 3 acres.

(C)

[Hours of Operation.] The hours of operation allowed shall be compatible with the land uses adjacent to the carnival or fair.

(D)

[Noise.]The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(E)

[Traffic flow.] The permit-issuing authority shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

11-4.18.

Church.

(A)

Where Required. All residential districts.

(B)

Location. Church facilities located on sites of 3 acres or more shall have direct access to a collector or higher capacity road.

(C)

Screening. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.19.

Club.

(A)

Where Required. A-1 and all residential districts.

(B)

Location. Clubs shall have direct access to a collector or higher capacity road.

(C)

Screening. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.20.

(Reserved).

11-4.21.

(Reserved).

11-4.22.

Concerts, Stage Shows.

(A)

Where Required. OI district.

(B)

Minimum Lot Area. The minimum lot size shall be 3 acres.

(C)

[Hours of Operation.] The hours of operation allowed shall be compatible with the land uses adjacent to the concert or stage show.

(D)

[Noise.]The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(E)

[Traffic flow.]The Board of Adjustment shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(F)

Location. Principal access must be from a collector or higher capacity road.

11-4.23.

Congregate Care Facility.

(A)

Where Required. R-20, R-10, R-6, OI and all commercial districts.

(B)

Operation.

(1)

The facility shall provide centrally-located, shared food preparation, service and major dining areas.

(2)

Common recreation, social and service facilities shall be provided at a minimum rate of 30 square feet per dwelling unit or per rooming unit.

(3)

All facilities shall be solely for the use of residents and their guests.

(4)

Facilities for administrative services and limited medical services for the exclusive use of the residents shall be located on the site.

(C)

Property Separation. No such facility shall be located within one mile of an existing congregate care facility.

11-4.24.

Convenience Store.

(A)

Where Required. OI district.

(B)

Maximum Area. A maximum of 3,000 square feet of gross floor area shall be permitted per establishment.

(C)

Outside Storage. No outside storage of materials shall be permitted.

(D)

Gasoline Service Islands/Pumps. There shall be no more than 1 gasoline service island.

11-4.25.

Correctional Institution.

(A)

Where Required. A-1 and OI districts.

(B)

Minimum Property Line Setback. 100'

(C)

Use Separation. All structures, enclosed areas, and fenced areas shall be located at least 200' from any residential zoning district.

(D)

Location. Principal access must be from a collector or higher capacity road.

11-4.26.

Country Club with Golf Course.

(A)

Where Required. A-1, all residential, and OI districts.

(B)

Minimum Area. The minimum area shall be 2 acres in addition to the golf course(s).

(C)

Use Separation. Fifty-foot minimum distance between clubhouse, swimming pool, lighted tennis court, or athletic field and any adjacent residentially-zoned property.

(D)

Security Fencing. Outdoor swimming pools shall be protected by a fence in accordance with the Nash County Health Department s public swimming pool regulations.

11-4.27.

Day Care Center, Child or Adult.

(A)

Where Required. A-1, all residential, LI, and GI districts.

(B)

Security Fencing. Outdoor activity area(s) for children shall be enclosed by a security fence at least 4 feet in height and located outside the road setback.

(C)

Location. Centers on a site greater than 3 acres shall have access to a collector or thoroughfare road.

11-4.28.

Demolition Debris Landfill.

(A)

Where Required. A-1, GC, and GI districts.

(B)

Use Separation. Fifty feet minimum from any property line; three hundred feet minimum from any residence.

(C)

Access. Access to the landfill shall be controlled with gates, chains, fences, ditches, and/or vegetation to prevent unregulated dumping.

(D)

Dust. All unpaved areas shall be maintained in a manner which prevents dust from leaving the property.

(E)

Operation. No filling is permitted in the 100-year floodplain of any stream; no filling is permitted in utility easements.

(F)

Closure. Landfills shall be closed with a minimum of 2 feet of clean soil, graded to a maximum slope of 3:1 and stabilized with vegetation or in accordance with current state standards.

(G)

Signs. An entrance sign shall be posted and maintained which lists the name and phone number of the current operator, the types of material accepted, the hours of operation, tipping charges and any other pertinent information.

11-4.28(a).

Equipment Repair, Agricultural and Farm Machinery.

(A)

Where Required. A-1 district.

(B)

Property Separation. All structures, buildings and outdoor storage or work areas used for the operation shall be a minimum of 150 feet from a residentially used or zoned lot.

(C)

Operation. No outdoor disassembly or salvaging shall be permitted.

11-4.29.

Explosives Manufacture.

(A)

Where Required. A-1 district.

(B)

Property Separation. No facility shall locate within 500 feet of any residentially or office and institutionally zoned property.

(C)

Setbacks. Buildings, including any accessory buildings for storage of explosive raw materials and/or final products, shall be not less than 150 feet from all property lines.

(D)

Security Fencing. Security fencing, a minimum of 8 feet in height, shall be provided along the entire boundary of the facility.

(E)

Operation. Building(s) shall meet the requirements for Hazardous Occupancy under the NC Building Code.

11-4.30.

Farm Product Warehousing and Storage.

(A)

Where Required. A-1 and RC districts.

(B)

Use Separation. All structures, buildings or enclosed areas used for the operation shall be a minimum of 100 feet from all property lines.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

11-4.31.

Fish, Canned, Cured or Frozen Manufacture.

(A)

Where Required. GI district.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from any residentially used or zoned property.

(C)

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

11-4.32.

Go-Cart Raceway.

(A)

Where Required. RC and GC districts.

(B)

Property Separation. No raceway shall be located within 500 feet of any residentially or office and institutionally zoned property.

(C)

Noise. The facility shall be sited and operated so as to not produce noise or sound which would adversely impact adjoining and surrounding properties.

(D)

Dust. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjoining properties.

(E)

Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of the raceway.

(F)

Hours of Operation. No such facility that adjoins residentially used or zoned property shall conduct business between the hours of 11 p.m. and 8 a.m.

11-4.33.

Golf Course.

(A)

Where Required. A-1 and all residential districts.

(B)

Use Separation. Fifty-foot minimum distance between the clubhouse or other principal building(s) and any adjacent residentially-zoned property.

11-4.34.

Golf Driving Range.

(A)

Where Required. RC district.

(B)

Minimum Area. The minimum lot depth from the tees to the end of the driving area shall be 1,000 feet or the end shall be controlled with netting and/or berms to prevent golf balls from leaving the property.

(C)

Security Fencing. Fencing, netting, trees, berms, or other control measures shall be provided around the perimeter of the driving area so as to prevent golf balls from leaving the driving area.

11-4.35.

Group Care Facility.

(A)

Where Required. R-10, R-6, OI, and GC districts.

(B)

Property Separation. No such facility shall be located within one mile of an existing group care facility.

(C)

Operation. The facility shall be limited to not more than 30 persons including resident managers.

11-4.36.

Hazardous and Radioactive Waste (Transportation, Storage, And Disposal).

(A)

Where Required. GI district.

(B)

[Compliance required.] The use shall comply with the Federal Resource Conservation and Recovery Act of 1976, as amended (PL 94-580) and the North Carolina Solid Waste Management Act, as amended (Article 13B. NCGS 130-166.16) for design, siting, and materials to be stored and treated.

(C)

Property Separation. All storage, treatment, and loading facilities handling hazardous materials will be located at least 200 feet from any property line and at least 1,250 feet from any lot not located in an industrial district. The required separation area shall contain a sufficient amount of natural or planted vegetation so that such facilities are screened visually from an adjoining property not located in an industrial district.

(D)

Fencing. A security fence at least 7 feet in height with a minimum 9-gauge fabric and 3 strands of barbed wire shall surround all facilities for the storage and handling of hazardous materials.

(E)

Location. Vehicular access to the operation will be provided only by way of a US or NC numbered highway or an industrial area access road.

(F)

[Surface and groundwater protection.] All surface water and groundwater on the property will be protected so as to minimize, to the greatest possible extent, the probability of contamination by hazardous materials.

(G)

[Protection of sewer and stormwater systems.] All sanitary sewer and stormwater management systems on the property will be protected so as to minimize, to the greatest possible extent, the probability of contamination by hazardous materials. A stormwater management plan shall be prepared by the applicant and submitted to the County for review by the County and the Environmental Management Division of the NC Department of Environment, Health, and Natural Resources. A NPDES Permit for stormwater discharge shall also be obtained, if applicable.

11-4.37.

Homeless Shelter.

(A)

Where Required. R-6, OI, and GC districts.

(B)

Property Separation. No such facility shall be located within ¼ mile of an existing homeless shelter.

11-4.38.

Home Occupations.

(A)

Where Required. A-1, all residential, OI, and all commercial districts.

(B)

Operation.

(1)

A home occupation must be a commercial use or activity that is conducted entirely within a dwelling or accessory structure by the occupants thereof, that is clearly incidental and secondary to the use of the dwelling for residential purposes and that does not change the character of the residence or create a significant adverse impact on the surrounding neighborhood.

(2)

Only 1 FTE employee may be employed who is not an occupant of the residence.

(3)

Activities shall not generate traffic, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located. No home occupation shall involve the use of electrical or mechanical equipment that would change the fire rating of the structure in which the home occupation is located.

(4)

Instruction in music, dancing, art, or similar subjects shall be limited to no more than 5 students at one time.

(5)

Child or adult day care operations shall be limited to no more than 5 clients at one time.

(C)

Maximum Area.

(1)

The area set aside for a home occupation within a dwelling and/or an accessory structure shall occupy no more than a combined total of 500 square feet.

(2)

Any area set aside for a home occupation within a dwelling shall occupy no more than 25 percent of the gross floor area of the dwelling unit.

(D)

Outside Storage/Displays. No outside storage or display of items associated with the home occupation is permitted. No indoor displays of items associated with the home occupation shall be visible from the exterior of the dwelling or accessory structure.

(E)

Signs. No sign related to a home occupation located within a residential or agricultural zoning district shall be allowed. Signs for home occupations located within nonresidential zoning districts shall conform to the requirements of Section 11-1.5(F).

11-4.39.

Horse Shows.

(A)

Where Required. A-1, R-40, R-30, RC, and GC districts.

(B)

[Hours of Operation.] The hours of operation allowed shall be compatible with the land uses adjacent to the proposed horse show site.

(C)

[Noise.] The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(D)

[Traffic flow.] The Zoning Administrator shall not grant the permit unless it finds that the parking generated by the horse show can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

11-4.40.

Internet Sweepstakes Cafe.

(A)

Where Required. RC and GC districts.

(B)

Use Separation. No Internet sweepstakes cafe shall be located within 500 feet of any other Internet sweepstakes cafe.

(C)

Property Separation. No such establishment shall be located within 500 feet of a church, elementary or secondary school, public park, or residentially zoned lot. In no case shall such establishment be located within 500 feet of an existing residence.

(D)

Screening. A minimum 6-foot high opaque fence or vegetative buffer shall be erected adjacent to the property line of abutting residences.

(E)

Parking. Parking areas related to the establishment shall be located no closer than 75 feet to the property line of abutting residences.

11-4.41.

Kennels or Pet Grooming.

(A)

Where Required. RC and GC districts.

(B)

Outside Storage. Pens and runs located outdoors are prohibited.

11-4.42.

Landing Strip, Flying Field (Private).

(A)

Where Required. A1, R-40, OI, GC and PI districts.

(B)

General Requirements.

(1)

The applicant shall submit a scaled site plan depicting the proposed location and dimensions of the landing strip as well as any relevant required separation distances.

(2)

Use of the landing strip shall be limited to the property owner and authorized guests only.

(3)

The landing strip shall not be used commercially by any aircraft not owned by the property owner.

(4)

Prior to the operation of the landing strip, the applicant shall submit one of the following forms of documentation from the North Carolina Department of Transportation:

(a)

An approved aircraft landing area permit;

(b)

Verification of the submittal and receipt of an aircraft landing area permit application; or

(c)

A statement that the proposed landing strip does not require an aircraft landing area permit.

(5)

There shall be a minimum distance of 500 feet between the ends of the landing strip and the nearest public road right-of-way and 150 feet between the sides of the landing strip and the nearest public road right-of-way unless otherwise approved by the North Carolina Department of Transportation.

(6)

There shall be no existing offsite residences located within a 500 foot distance extending in a straight line from either end of the landing strip.

(7)

No illumination of the landing strip shall be permitted.

(C)

Dimensional Requirements for A1, OI, GC and PI Districts.

(1)

There shall be a minimum distance of 200 feet between any portion of the landing strip and the nearest offsite residence or residentially zoned lot.

(D)

Dimensional Requirements for R-40 District.

(1)

There shall be a minimum distance of 200 feet between any portion of the landing strip and the nearest residentially zoned lot.

(2)

There shall be a minimum distance of 350 feet between the sides of the landing strip and the nearest offsite residence.

(3)

Landing strips shall only be permitted in areas of the R-40 district with a rural development pattern meeting the requirements below:

(a)

All existing contiguous lots must have a minimum lot area of at least one acre.

(b)

50% of the contiguous lots must have a minimum lot area of at least 10 acres.

(4)

The property owner must reside on the same lot as the landing strip.

(5)

Commercial use of the landing strip and accessory structures is prohibited.

(Ord. of 7-5-2016, § (2))

11-4.43.

Leather and Leather Products Manufacture (tanning).

(A)

Where Required. GI district.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from any residentially used or zoned property.

(C)

[Noise.] The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

11-4.44.

Library.

(A)

Where Required. A-1, all residential districts, and PI districts.

(B)

Location. Libraries shall have direct access to a collector or higher classified road.

(C)

Screening. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.45.

Reserved.

11-4.46.

Manufactured Home Park.

(A)

Where Required. A-1, R-20, R-15, R-10, and R-6 districts.

(B)

General Requirements.

(1)

Minimum Number of Manufactured Home Spaces. At least 4 spaces.

(2)

Manufactured homes shall not be sold within a manufactured home park, except that an individual manufactured home owner shall be allowed to sell the manufactured home in which he resides.

(3)

The transfer of a deed to a manufactured home space or spaces either by sale or by any other manner shall be prohibited within a manufactured home park as long as the manufactured home park is in operation.

(4)

Prefabricated structures specifically designed by the manufacturer for manufactured dwelling extensions and any other addition meeting the NC Building Code may be added to any manufactured dwelling provided that setback within the space can be met and a building permit is obtained from the County.

(5)

Within a manufactured home park, one manufactured home may be used as an administrative office.

(6)

Convenience establishments of a commercial nature shall be limited to food stores, coin-operated laundries, beauty parlors and barber shops. These may be permitted in manufactured home parks subject to the following restrictions:

(a)

Such establishments shall be subordinate to the residential use and character of the park.

(b)

Such establishment shall present no visible evidence of their commercial character from any portion of any residential district outside the park.

(c)

Such establishment shall be designed to serve the trade and service needs of the park residents only.

(7)

The Nash County Environmental Health Section, the Nash County Building Inspector, and/or the Zoning Administrator are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Section. It shall be the duty of the owners or occupants of manufactured home parks to give these agencies free access to such premises at reasonable times for inspection.

(8)

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

(9)

Site plans for manufactured home parks shall comply with the requirements of Article IV and Appendix 1.

(C)

Manufactured Home Space Requirements.

(1)

All manufactured homes shall be located on individual manufactured home spaces. Spaces served by municipal water and sewer systems or community water and sewer systems shall have at least 5,000 square feet of lot area. Spaces served by either a municipal or community sewer system, but not served by a municipal or community water system shall have at least 15,000 square feet of lot area or a larger area if determined necessary by the Nash County Health Department. Spaces served by a municipal or a community water system but not served by a municipal or a community sewer system shall have at least 15,000 square feet of lot area or a larger area if determined necessary by the Nash County Health Department per manufactured home unit, allowing no more than one manufactured home per septic tank. Spaces shall not be less in width at the setback line than the width required by the applicable zoning district in which the park is proposed. An individual manufactured home with neither municipal or community water service nor municipal or community sewer service shall not be permitted within a manufactured home park.

(2)

Each manufactured home space shall be clearly defined by means of concrete or iron pipe markers placed at all corners and each space shall clearly display a street address as assigned by the County.

(3)

Each manufactured home space shall be located so as not to be susceptible to flooding and shall be graded so as to prevent any water from ponding or accumulating on the premises.

(4)

Each manufactured home shall be located at least 20 feet from any other manufactured home, at least 20 feet from any building within the manufactured home park, at least 20 feet from a side external property line, the setback from a rear external property line shall be the distance required by the applicable zoning in which the park is proposed, and at least 15 feet from the edge of the right of way of any private interior road. The setback from a public road right-of-way shall be the same as that required for the zoning district in which the manufactured home park is located.

(D)

Road and Access Requirements.

(1)

Convenient access to each manufactured home space shall be provided by roads with a minimum right-of-way of 50 feet for a residential collector road and 45 feet for a local residential road as defined by the North Carolina Department of Transportation Subdivision Roads Minimum Construction Standards Manual. The required traveled way width is 20 feet for a 50-foot right-of-way and 18 feet for a 45-foot right-of-way. Private roads within manufactured home parks shall conform to the construction standards delineated in Section 10-7.3(G)(2).

(2)

Proper sight lines shall be maintained at all road intersections in accordance with the current NCDOT requirements for sight clearances.

(3)

New road names shall not duplicate or be similar to existing road names in the County and shall be subject to approval by the County.

(4)

Two automobile parking spaces shall be provided adjacent to each manufactured home space, but shall not be located within any public right-of-way or within any road in the park.

(5)

No manufactured home space shall have direct vehicular access to a public road.

(6)

All manufactured home spaces shall directly abut a private road contained within the park.

(7)

The manufactured home park owner shall be responsible for the continued maintenance of the roads within the mobile home park.

(E)

Utility Requirements.

(1)

Water Supply. An accessible, adequate, and potable supply of water shall be provided in each manufactured home park. Where a municipal water supply is available, connection shall be made thereto and its supply used exclusively. When a municipal water supply is not available, a community water supply shall be developed, and its supply used exclusively in accordance with the standards of the NC Division of Health Services. Placement of water improvements to manufactured home spaces shall comply with the NC Building Code for Plumbing.

(2)

Sewage Disposal.

(a)

Adequate and safe sewage disposal facilities shall be provided in all manufactured home parks. Collection systems and sewage treatment plants complying with the requirements of the NC Division of Environmental Management shall be provided. Plans for sewage collection systems and treatment facilities shall be submitted to the NC Division of Environmental Management. Placement of sewer improvements to manufactured home spaces shall comply with the NC Building Code for Plumbing. Individual septic tank systems can be considered, if soil, topography, and ground water conditions are favorable and approval from the Nash County Health Department is obtained.

(b)

Provision shall be made for plugging the sewer pipe when a manufactured home does not occupy a space. Surface drainage shall be diverted away from the rise. The rim of the riser pipe shall extend at least 4 inches above ground elevation.

(3)

Solid Waste Disposal and Sanitation Requirements.

(a)

The storage, collection, and disposal of solid waste in the manufacture home park shall be in accordance with the requirements of Nash County Health Department.

(b)

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

(c)

Parks shall be maintained from an accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitos, and other pests.

(d)

Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe, and other building materials shall be stored at least 1 foot above the ground.

(e)

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

(f)

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

(4)

Street Lighting Requirements. All roads in the manufactured home park shall be adequately illuminated from sunset to sunrise. The minimum size street light shall be a 175 watt mercury-vapor (approximately 7,000 lumen class), or its equivalent, spaced at intervals of not more than 300 feet.

(5)

Electrical Service Requirements. Minimum electrical service of 200 ampere, 120/240 volt single phase shall be provided to each manufactured home space. The service panel and location as well as all wiring shall be in accordance with the National Electrical Code.

(F)

Screening Requirements. When a manufactured home park is to be constructed within 50 feet of a recorded residential subdivision not naturally screened with existing vegetation located on the site of the proposed manufactured home park, the owner of the park shall provide and maintain a 5-foot buffer yard along the adjacent boundary. The buffer yard shall be planted in evergreen trees or shrubbery or solid fencing at least 5 feet in height.

(G)

Recreational Space Requirements.

(1)

Each manufactured home park shall provide 400 square feet of recreational area for each manufactured home space that is less than 10,000 square feet in area. However, no recreational area required by this subsection shall be less than 2,500 square feet.

(2)

Recreational areas shall not be located in an area utilized for septic tank fields.

11-4.46.1.

Manufactured Home Sales.

(A)

Where required. RC districts.

(B)

General Requirements.

(1)

Maximum Area. Maximum acreage of manufactured home sales operation: 4 acres

(2)

Landscaping. Property line bufferyards shall be required for all lot lines abutting a residentially zoned or used lot, in accordance with Section 11-3.1 (B).

(3)

Display areas. Designated display areas must be indicated on the site plan.

No display area for manufactured homes may be located within a required setback or bufferyard.

(4)

Operation. Only sale models and resale units suitable for immediate occupancy may be displayed on the site. Storage of partially dismantled, damaged by fire or storm or otherwise unoccupiable units on the site is prohibited.

11-4.47.

Marina.

(A)

Where Required. RC and GC districts.

(B)

Access. The marina shall have access to a collector or higher classified road.

(C)

Use Separation. There shall be a minimum 50 feet distance between any buildings, structures, or outdoor use areas associated with the marina and any adjacent residentially used or zoned lot.

(D)

Dust. Any unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(E)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(F)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.48.

Massage Parlor. (See Section 11-4.3.)

11-4.49.

(Reserved).

11-4.50.

Minerals (Wholesale Trade of).

(A)

Where Required. A-1 district.

(B)

Use Separation. Outdoor storage areas shall be no closer than 50 feet to any adjoining residentially or office and institutionally used or zoned property.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All non-paved storage areas shall be maintained in a manner so as to limit dust from leaving the storage area.

(E)

Access.

(1)

Access roads leading to any part of the operation shall be constructed with a gravel or crushed stone surface and maintained in a dust-free manner.

(2)

No part of such roads shall be located closer than 15 feet to an external property line other than a limited access highway or railroad right-of-way line.

(3)

A truck route plan shall be submitted showing truck routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools, or other uses which will be negatively affected by truck traffic.

11-4.51.

Mining, Quarrying, Sand Pits, and Mineral Extraction.

(A)

Where Required. A-1 and GI districts.

(B)

Use Separation.

(1)

The edges of any pit where a mining operation is taking place and any equipment used in the processing of rock and gravel, any asphalt plant, or other industrial uses operated in conjunction with the mine or quarry shall be located at least 300 feet from any property line.

(2)

Where the mining operation site is bounded by a railroad right-of-way currently being used for rail service to the mining operation, no setback shall be required between the railroad right-of-way and such operation.

(C)

Hours of Operation. All operations involving blasting discernible beyond the external property line on a quarry shall only be conducted between the hours of 7:00 a.m. and 6:00 p.m.

(D)

Mining Permit. A valid state-issued mining permit must be obtained.

11-4.52.

Nursing and Convalescent Home.

(A)

Where Required. A-1, R-40, R-30, R-20, RA-15A, R-15, R-10 and R-6 districts.

(B)

Minimum Lot Area. 8,000 square feet for the first 9 patient beds, rooms, or suites plus 1,000 square feet for each additional patient bed, room, or suite or the minimum lot area requirement for the zoning district, whichever is greater.

(C)

Dimensional Requirements. The following minimum dimensional requirements shall apply to nursing and convalescent homes:

(1)

Road Right-of-Way Building Setback: 50'

(2)

Side Property Line Building Setback: 15'

(3)

Rear Property Line Building Setback: 25'

(4)

Minimum Lot Width: 100'

(5)

Minimum Building Separation: 20'

(D)

Screening. All off-street parking lots shall be screened from all adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.53.

Orphanage.

(A)

Where Required. A-1 and R-6 districts.

(B)

Minimum Lot Area. 8,000 square feet for the first 9 client beds or rooms plus 1,000 square feet for each additional client bed or room or the minimum lot area requirement for the zoning district, whichever is greater.

(C)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.54.

Outdoor Religious Events.

(A)

Where Required. OI district.

(B)

The hours of operation allowed shall be compatible with the land uses adjacent to the event.

(C)

The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(D)

The Board of Adjustment shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(E)

Location. Principal access must be from a collector or higher capacity road.

11-4.54(a).

Patio Home.

(A)

Where Required. A-1, RA-40, R-40, RA-30, R-40

(B)

Number. Only one principal dwelling per lot permitted.

(C)

Access. Patio homes must be accessed from a public road.

11-4.55.

Petroleum and Petroleum Products (Wholesale Trade of).

(A)

Where Required. GI district.

(B)

Property Separation. All storage tanks and loading facilities shall be located at least 200 feet from any property line. Storage tanks and loading facilities shall be located a minimum of 50 feet from any residentially used or zoned property.

(C)

Access. Vehicle access to the use shall be provided only by way of a US or NC numbered highway or an industrial area access road.

(D)

Operation. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the Flammable and Combustible Liquids Code, NFPA 30 of the National Fire Protection Association.

(E)

Dikes.

(1)

Tanks or groups of tanks shall be diked to prevent the spread of liquid onto other property, waterways, or drainageways. The volumetric capacity of the diked area shall not be less than the capacity of the largest tank within the diked area.

(2)

Dikes or retaining walls shall be of earth, steel, concrete or solid masonry designed and constructed to be liquid-tight and to withstand a full hydraulic head. Earthen dikes 3 feet or more in height shall have a flat section at the top not less than 2 feet in width. The slope shall be consistent with the angle or repose of the material of which the dikes are constructed. Dikes shall be restricted to an average height of not more than 6 feet above the exterior grade unless means are available for extinguishing a fire in any tank. Dikes enclosing such tanks shall be provided at the top with a flareback section designed to turn back a boil-over wave. A flareback section shall not be required for dikes and walls enclosing approved floating roof tanks. No loose combustible material, empty or full drums or barrels, shall be permitted within the diked area.

(3)

Where provision is made for draining rainwater from diked areas, such drains shall normally be kept closed and shall be designed that when in use they will not permit flammable liquids to enter natural watercourses, public sewers, or public drains. Where pumps control drainage from the diked area, they shall not be self-starting.

(F)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of such facilities.

11-4.56.

Petroleum and Related Industries (Manufacture of).

(A)

Where Required. GI district.

(B)

Property Separation. All structures, buildings, storage tanks and loading facilities shall be located at least 200 feet from any property line. Notwithstanding the above, if any structures, buildings, storage tanks and loading facilities shall be located less than 200 feet from any property line but more than 200 feet from any property line if any easement or right of way property is included in such determination, subject to written authorization from the owner of the property in which the easement or right of way exists allowing the use of the easement or right of way in the determination, then the 200 foot requirement shall be met. Storage tanks and loading facilities shall be located a minimum of 500 feet from any residentially used or zoned property.

(C)

Access. Vehicle access to the use shall be provided only by way of: (a) a US or NC numbered highway, (b) a State Route (SR) that, based on the determination of the NCDOT District Engineer, meets capacity and design standards necessary to support the projected usage, or (c) an industrial area access road. Gravel or paved roadways shall be provided to all storage tanks

(D)

Operation. The use must meet the requirements established by the fire prevention code of the National Board of Fire Underwriters and the latest edition of the Flammable and Combustible Liquids Code, NFPA 30 of the National Fire Protection Association.

(E)

The use shall not generate noise, vibration, glare, fumes, odor, or electrical interference beyond what normally occurs in the zoning district in which it is located.

(F)

Dikes.

(1)

Tanks or groups of tanks shall be diked to prevent the spread of liquid onto other property, waterways, or drainageways. The volumetric capacity of the diked area shall not be less than the capacity of the largest tank within the diked area.

(2)

Dikes or retaining walls shall be of earth, steel, concrete or solid masonry designed and constructed to be liquid-tight and to withstand a full hydraulic head. Earthen dikes 3 feet or more in height shall have a flat section at the top not less than 2 feet in width. The slope shall be consistent with the angle or repose of the material of which the dikes are constructed. Dikes shall be restricted to an average height of not more than 6 feet above the exterior grade unless means are available for extinguishing a fire in any tank. Dikes enclosing such tanks shall be provided at the top with a flareback section designed to turn back a boil-over wave. A flareback section shall not be required for dikes and walls enclosing approved floating roof tanks. No loose combustible material, empty or full drums or barrels, shall be permitted within the diked area.

(3)

Where provision is made for draining rainwater from diked areas, such drains shall normally be kept closed and shall be designed that when in use they will not permit flammable liquids to enter natural watercourses, public sewers, or public drains. Where pumps control drainage from the diked area, they shall not be self-starting.

(G)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided along the entire boundary of such facilities.

11-4.57.

Pottery and Related Products Manufacture.

(A)

Where Required. A-1 district.

(B)

Property Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 50 feet from any residentially used or zoned lot.

(C)

The use shall not generate noise, vibration, glare, fumes, odor, or electrical interference beyond what normally occurs in the zoning district in which it is located.

11-4.58.

Private Campground/RV Park.

(A)

Where Required. A-1, RC, and GC districts.

(B)

General Requirements.

(1)

Site plans for private campgrounds/RV parks shall comply with the requirements of Article IV and Appendix 1.

(2)

No campsite shall be used as a permanent place of abode, dwelling, or business for indefinite periods of time. Continuous occupancy extending beyond three months in any 12-month period shall be presumed to be permanent occupancy.

(3)

Any action toward removal of wheels of a travel trailer except for temporary purposes of repair or to attach the trailer to the ground for stabilizing purposes shall be prohibited. There shall be no permanently attached additions.

(4)

All campsites proposed for sale shall be recorded with subsections (2) and (3) above as deed restrictions.

(5)

Accessory uses shall be so designed and developed so as to blend with the park's design and natural setting. Such uses shall be clearly accessory to the principal use as a campground/recreational vehicle park. Accessory uses shall include management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of the park. In addition, stores, restaurants, beauty parlors, barber shops, and other convenience establishments shall be permitted as accessory uses in zoning districts permitting such uses subject to the following conditions:

(a)

Such establishments and the parking areas primarily related to their operation shall not occupy more than 5 percent of the gross area of the park;

(b)

Such establishments shall be restricted in their use to occupants of the park and/or related park association members; and

(c)

Such establishments shall present no visible evidence from any public road of their commercial character.

(6)

Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards.

(7)

Exposed ground surfaces in all parts of the recreational vehicle park shall be paved, or covered with stone screenings, or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. A soil sedimentation control plan shall be submitted in accordance with Section 12-4.

(8)

Surface drainage plans for the entire tract shall be reviewed by the Planning Director to determine whether the proposed plan is compatible with the surrounding existing drainage pattern and relevant drainage plans, prior to issuance of site plan approval and building permits. No permit shall be issued where it is determined that the plan is incompatible with surrounding areas.

(C)

Dimensional Requirements.

(1)

Minimum density shall be limited to 15 campsites per net acre, excluding public areas, rights-of-way, watercourses, and other areas as may be set forth.

(2)

In no case shall any campsite contain less than 1,500 square feet. To the greatest extent possible, campsites shall be developed to preserve their natural character. Campsites shall be level and well-drained.

(3)

Recreational vehicles shall be separated from each other and from other structures within the campground/RV park by at least 10 feet. Any accessory structures such as non-attached awnings, carports for the purpose of this separation requirement, shall be considered part of the recreational vehicle. Individual storage facilities shall be at least 5 feet from all side and rear property lines. They may not be placed within the front required setback.

(4)

Recreational vehicle sites and off-street parking spaces shall not be within the setback areas required for main buildings or principal structures.

(5)

Setback areas for recreational vehicle sites shall contain natural vegetation or be landscaped and shall be used for no other purposes.

(6)

The minimum setback of any building, structure, or recreational vehicle site from a public road right-of-way shall be the same as that required for the zoning district in which the park is located.

(7)

The minimum setback from any private, interior road shall be 20 feet from the edge of pavement.

(8)

The minimum exterior side property line setback, when abutting residentially used or zoned areas, shall be 50 feet. In all other cases, the exterior side property line setback shall be at least 20 feet.

(9)

The minimum exterior rear property line setback, when abutting residentially used or zoned areas, shall be 50 feet. In all other cases, the exterior rear property line setback shall be at least 30 feet.

(D)

Access and Road Requirements.

(1)

Entrance driveways shall be located not closer than 150 feet from the intersection of public roads.

(2)

Interior access roads not proposed for public dedication shall conform to the construction standards for subdivision roads of NCDOT. However, requirements for minimum rights-of-way and paving widths shall not apply. Plans and profiles shall be submitted for review and approval. In no case shall the road or parking width be less than 10 feet.

(3)

Entrances and exits to campgrounds/RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic into and out of the park. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. No impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the road within (a) 100 feet where the speed limit is 45 mph or (b) within 150 feet where the speed limit is over 45 mph or any portion of the approach lane of the access way within 25 feet of its intersection with the right hand of the lane.

(E)

Parking Requirements.

(1)

There shall be at least 3 off-street parking spaces designated in a campground/RV park for each 2 campsites. At least 1 space must be provided on each campsite with any residual spaces provided within 100 feet of the site.

(2)

Each campsite shall contain a stabilized vehicular parking pad of paving or other suitable material.

(F)

Utility Requirements.

(1)

No on-site water or sewer facilities shall be permitted on any campsite. Proposals for dumping stations and common toilets and restrooms, laundries, and baths shall have the approval and be subject to the requirements of the Nash County Health Department. All community water facility proposals shall be approved and be subject to the requirements of the Nash County Health Department.

(2)

All water supply facilities shall have the approval of the Nash County Health Department and/or NC Division of Health Services. All sewer facilities improvements shall have the approval of the Nash County Health Department and the NC Division of Environmental Management.

(3)

All water and sewer improvements within the campground/RV park shall comply with the NC Building Code for Plumbing.

(G)

Screening Requirements. Where campgrounds/RV parks abut a residential area, a permanent buffer yard of at least 50 feet shall be established with adequate restrictive covenants to prohibit development within the buffer yard. A natural year- round screen shall be planted, which at maturity, shall reach a minimum height of at least 8 feet. Such screening shall complement the adjacent environment.

(H)

Recreational Space Requirements. A minimum of 8 percent of the gross site area of the campground/RV park shall be set aside and developed as common use areas for open or enclosed recreation facilities.

11-4.59

Private Club or Recreation Facility, Other.

(A)

Where Required. A-1, OI, RC [AC1] and PI districts.

(B)

The hours of operation allowed shall be compatible with the land uses adjacent to the facility.

(C)

The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(D)

The Board of Adjustment shall not grant the permit unless it finds that the parking generated by the facility can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(E)

Location. Principal access must be from a collector or higher capacity road for any facility greater than 3 acres in size that generates an average daily traffic volume of over 200 or more trips per day.

(F)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with requirements of Section 11-3.1(B).

(G)

Security Fencing. Outdoor swimming pools shall be protected by a fence in accordance with the Nash County Health Department s public pool regulations.

11-4.60.

Public Park or Recreational Facility, Other.

(A)

Where Required. All residential districts.

(B)

The hours of operation allowed shall be compatible with the land uses adjacent to the facility.

(C)

The amount of noise generated shall not disrupt the activities of the adjacent land uses.

(D)

The Zoning Administrator shall not grant the permit unless he finds that the parking generated by the facility can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(E)

Location. Principal access must be from a collector or higher capacity road for any facility greater than 3 acres in size that generates an average daily traffic volume of over 200 or more trips per day.

(F)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

(G)

Security Fencing. Outdoor swimming pools shall be protected by a fence in accordance with the Nash County Health Department's public pool regulations.

11-4.61.

Pulp and Paper Mills.

(A)

Where Required. GI districts.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from any residentially used or zoned property.

(C)

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

(D)

Access. Principal access must be from a collector or higher capacity road or an industrial area access road.

11-4.62.

Radio and Television Tower, Communications Tower Over 60 feet in Height. (See Section 11-4.20).

11-4.63.

Retreat Center.

(A)

Where Required. A-1 district.

(B)

The hours of operation allowed shall be compatible with the land uses adjacent to the event.

(C)

The Board of Adjustment shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(D)

Location. Principal access must be from a collector or higher capacity road.

(E)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

11-4.64.

Riding Academy.

(A)

Where Required. A-1 district.

(B)

Use Separation. There shall be minimum 100-foot distance between manure storage areas, barns or stables and any adjacent residentially-zoned property.

(C)

Dust. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjoining properties.

(D)

Restroom Facilities. Restroom facilities shall be approved by the Nash County Health Department.

11-4.65.

(Reserved).

11-4.66.

Rural Family Occupation.

(A)

Where Required. A-1, R-40, and R-30 districts.

(B)

Minimum Area.

(1)

The Rural Family Occupation (RFO) must be located on a tract of 2 acres or more.

(2)

A portion of the tract measuring 40,000 square feet with 100 feet of width must be designated and reserved as exclusively residential in R-40 districts; 30,000 square feet with 100 feet of width in A-1 or R-30 districts.

(C)

Maximum Area. The total floor area of all buildings occupied by the RFO shall not exceed 5,000 square feet. The maximum land area that may be used in conjunction with the Rural Family Occupation is 15,000 square feet.

(D)

Use Separation. All operations of the RFO shall observe a 50-foot setback from all property lines.

(E)

Location. All operations of the RFO shall be located behind the rear line of the building occupied as the principal residence.

(F)

Screening. All operations of the RFO, including buildings, outside storage areas, and parking shall be treated as a separate use and shall be screened in accordance with the requirements of Section 11-3.1(B).

(G)

Environmental Review. The Nash County Environmental Health Division shall evaluate each RFO request to determine the occupation's impact on the surrounding area with respect to excessive noise, dust, air emissions, odors, and surface or groundwater discharge. The RFO shall mitigate the impact on these and other environmental concerns. A written evaluation of these potential impacts is required by the Environmental Health Division prior to the consideration of any request for an RFO.

(H)

Operation.

(1)

The RFO shall be owned by the landowner who must reside on the property.

(2)

No more than 5 persons shall be employed other than those residing on the property.

(3)

Outside storage and parking of commercial vehicles is permitted. The applicant shall indicate on the site plan the type and location of outside storage and the location and proposed number of vehicles to be parked on the lot.

(4)

The RFO shall not be operated between the hours of 9 p.m. to 6 a.m.

(5)

Permitted uses shall be limited to those products assembled or manufactured on-site for resale elsewhere, professional and business services, or stock-in-trade clearly incidental to such services. Commercial retail or wholesale operations which bring to the site goods specifically for the purpose of resale shall be prohibited.

(I)

Signs.

a.

Professional and Occupational signs shall be allowed in accordance with the following:

i.

Maximum sign area—32 sq.ft.

ii.

Maximum height—10 feet if ground mounted; signs in this category may also be mounted on the structure.

iii.

Minimum setback from all property lines—2 feet

iv.

Maximum number of signs—2.

11-4.67.

Salvage Yards, Auto Parts; Scrap Processing.

(A)

Where Required. GI district.

(B)

Minimum Area. The minimum area required to establish a salvage yard shall be 5 acres.

(C)

Use Separation. The operations of salvage yards shall not be any closer than 300 feet to any residential property line. Neither should any such operations be closer than 300 feet to the property line of any school, hospital, nursing and convalescent home, or day care facility.

(D)

Screening. Salvage yards shall be enclosed by a sight obstructing screen of at least 6 feet in height adjacent to public roads and 8 feet in height adjacent to properties of a residential, educational or institutional nature. All such screens shall be maintained in a sound and stable manner for the life of the operation. Entrances and exits shall be secured when the salvage yard is closed. If state or federal requirements for screening are more stringent, such requirements shall be applicable.

(E)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 400 feet to the nearest residence. No noisy processing shall be carried on in connection with the business on Sundays, Christmas, Thanksgiving, or at any time between the hours of 6:00 p.m. and 7:00 a.m.

(F)

Vibration. No vibration shall be produced which is transmitted through the ground and which is discernable without the aid of instruments at or beyond the lot line; nor will any vibration produce a particle velocity of 2.0 inches per second measured at or beyond the property line.

(G)

Dust and Particulates. Emissions of dust and particulates shall be in accordance with the State of North Carolina rules and regulations governing air contamination and air pollution. Particulate matter emission from materials and products subject to becoming windborn will be kept to a minimum by paving, sodding, oiling, wetting, covering or other means such as to render the surface wind resistant. Points of ingress and egress shall be paved/hard-surfaced with either concrete or asphalt.

(H)

Smoke and Burning. Emissions of smoke and burning of non-vegetative matter shall not be permitted on the site of a salvage yard.

(I)

Trash and Garbage. Disposal of trash and garbage shall be in an approved container and be regularly maintained. Open dumping of trash or garbage shall be prohibited.

(J)

Disposal of Toxic/Hazardous Matter. Disposal of toxic/hazardous matter on any salvage yard site shall be expressly forbidden.

(K)

Storage of Fuels. Storage of fuels shall be contained in below ground tanks meeting the requirements of the State of North Carolina. No such fuel storage shall be within 1000 feet of any residential, educational, or institutional structure. Location of fuel storage tanks shall be so designed as to prevent leakage or spillage into any stream. Gasoline and oil shall be removed from scrap engines or vehicles on the premises and adequately stored for disposal.

(L)

Drainage. Salvage yard sites shall be adequately drained to assure that no standing water shall exist that might provide breeding habitation for insects.

(M)

Weeds and Vegetation. Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than 6 inches.

(N)

Storage. Salvage materials shall be stored in piles not exceeding 10 feet in height and shall be arranged as to permit easy access to all such salvage for fire fighting purposes.

(O)

Permit Requirements. The facility shall obtain all applicable state and federal permits.

11-4.68.

Satellite Dish Antenna.

(A)

Where Required. All zoning districts.

(B)

Location.

(1)

All supporting cables and anchors shall be contained on the property.

(2)

In residential and OI districts, satellite dish antennas shall not be located or placed within any road right-of-way building setback or side building setback.

11-4.69.

Service Station, Gasoline Sales.

(A)

Where Required. OI district.

(B)

Operation.

(1)

Air compressors, hydraulic hoists, pits, repair equipment, greasing and lubrication equipment, auto washing equipment, and similar equipment shall be entirely enclosed within a building.

(2)

No outside storage of materials shall be permitted. The number of vehicles stored outdoors shall not exceed the number of service bays at the establishment.

11-4.70.

Sewage Treatment Plant.

(A)

Where Required. A-1, OI, and all commercial districts.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 300 feet from a residentially used or zoned lot.

(C)

Noise. Equipment producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use.

11-4.71.

Shooting Range, Indoor.

(A)

Where Required. GC district.

(B)

Noise. The facility shall, to the maximum extent feasible, be designed to absorb sound.

11-4.72.

Shooting Range, Outdoor.

(A)

Where Required. A-1 district.

(B)

Use Separation. Separation shall be a minimum 300 feet between the range and the closest exterior property line.

(C)

Access. Access shall be controlled to prevent unregulated entrance to the firing area.

(D)

Security Fencing. Security fencing shall be provided to prevent an individual from crossing the property downrange.

(E)

Backstops. The design of the backstop downrange shall be as approved by the National Rifle Association.

11-4.72(a).

Solar Farm.

(A)

Where Required. A-1, R-40, RC, LI, GI, PI

(B)

Maximum Height. Structures shall not exceed twenty-five (25) feet in height, as measured from grade at the base of the structure to its highest point.

(C)

Setbacks. Solar farm facilities and structures shall conform to the principal building setback requirements of the zoning district in which they are located. Where a solar farm facility is located on multiple lots of record in separate ownership, the building setback requirements shall apply only to the exterior perimeter of the property boundaries surrounding the facility and not to the interior property boundaries within the facility.

(D)

Security Fencing. Solar farm facilities shall be enclosed by a chain-link security fence, a minimum of 6-feet in height and topped with barbed wire.

(E)

Site Plan. Solar farms shall be developed in accordance with an approved site plan that includes:

(1)

The location of the solar farm facility (including the arrangement of any existing or proposed buildings, structures or panels);

(2)

The distance from any proposed solar farm facility, structure or use area to the surrounding property lines;

(3)

Any existing or proposed signs, fencing, lighting, parking areas, driveways, landscaping, vegetative screening or required buffers;

(4)

Horizontal and vertical (elevation) scale drawings with dimensions of proposed solar collector structures; and

(5)

Noted limitations on built-upon area as required for compliance with stormwater, watershed and/or riparian buffer regulations.

(F)

Safety. Solar farm facilities shall not create a visual safety hazard for passing motorists.

(G)

Abandonment. Solar farm facilities shall be removed, at the owner's expense, within one hundred eighty (180) days of a determination by the Zoning Administrator that the facility is no longer being maintained in an operable state of good repair.

11-4.73

Solid Waste Disposal (Non-Hazardous).

(A)

Where Required.

Sanitary Landfill Facilities: A-1 and GI districts.

Collection Sites, Convenience Centers, and Transfer Sites: A-1, R-40, R-30, and GI districts.

(B)

Use Separation.

(1)

All structures, buildings, and landfilling operations associated with a sanitary landfill facility shall be located a minimum of 300 feet from a residentially used lot and a minimum of 500 feet from any existing dwelling.

(2)

All structures, building and waste collection or transfer operations associated with a collection site, convenience center, or transfer site shall be located a minimum of 500 feet from any existing dwelling.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Access.

(1)

Access to the facility shall be by way of a collector or higher classified road.

(2)

Entrances shall be controlled to prevent unregulated access to the facility.

(3)

Access roads leading to any part of the facility shall be constructed with a gravel or crushed stone surface and maintained in a dust-free manner.

(4)

No part of access roads shall be located closer than 15 feet to an external property line other than a limited access highway or railroad right-of-way line.

(5)

A truck route plan shall be submitted showing truck routes to and from the facility. Such routes shall be designed to minimize impacts on residential areas, schools, or other uses which will be negatively affected by truck traffic.

(E)

Minimum Area.

(1)

A minimum of 50 acres shall be required to establish a sanitary landfill facility.

(2)

All other types of solid waste disposal facilities such as collection sites, convenience centers, and transfer sites shall have sufficient land area to adequately accommodate the facility's operations and to sufficiently separate the facility from adjoining land uses.

(F)

Siting and Design. The siting and design of the facility shall comply with the applicable requirements of the NC Solid Waste Management Rules.

(G)

Operation. The operation of the facility shall be in compliance with the State of North Carolina's operation, maintenance, and monitoring regulations for solid waste disposal facilities.

11-4.74.

Swim and Tennis Club.

(A)

Where Required. A-1, all residential, OI, all commercial, and PI districts.

(B)

Minimum Area. The minimum area shall be 2 acres.

(C)

Use Separation. There shall be a minimum 50-foot distance between clubhouses, swimming pools, and lighted tennis courts and any adjacent residentially used or zoned property.

(D)

Operation.

(1)

The hours of operation allowed shall be compatible with the land uses adjacent to the facility.

(2)

The amount of noise operated shall not disrupt the activities of the adjacent land use.

(E)

Screening. Parking lots shall be screened from adjoining single-family residential uses by a buffer yard. The required buffer yard shall comply with the requirements of Section 11-3.1(B).

(F)

Security Fencing. Outdoor swimming pools shall be protected by a fence in accordance with the Nash County Health Department's public swimming pool regulations.

11-4.74(a).

Swim and Tennis Club, Subdivision.

(A)

Where Required. A-1, All residential, OI, RC, and GC

(B)

Use. Swimming pools and tennis courts located in an approved subdivision on property owned and under the management of a homeowners association, and restricted for the use of residents of the subdivision and their invited guests shall meet all of the criteria in this section.

(C)

Minimum Area. The minimum lot size shall be the minimum requiredfor the zoning district that the subdivision is located in, except clustering of the court or pool lot shall not be permitted.

(D)

Use Separation. There shall be a minimum 50-foot distance between clubhouses, swimming pools, and lighted tennis courts and any adjacent residentially used property or lot for which a dwelling could expect to be constructed. When adjacent to a special purpose lot, parking and structures may be constructed closer than the zoning required setback, but in no case, no closer than 5 feet to any property line.

(E)

Operation. The pool and tennis court hours of operation shall be regulated by the homeowners Association that will own and maintain the area.

(F)

Screening.

a.

All parking lots containing ten or more parking spaces shall include a minimum 10-foot perpetually maintained natural or planted buffer yard to screen the parking lot from all adjoining public road rights-of-way.

b.

The required buffer yard shall contain evergreen shrubs, planted four feet on center, which are of a species which can be expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within 3 years of planting.

c.

The required property line buffer yard shall comply with the planting standards for roadside buffer yards except that there shall be one canopy tree for each 60 LF of property line adjoining a residentially used lot and evergreen shrubs, planted four feet on center, which are of a species which can be expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within 3 years of planting.

(G)

Security Fencing. Outdoor swimming pools shall be protected by a fence and subject to state and local public swimming pool regulations.

(H)

Parking.

a.

The number of required parking spaces shall be ½ spaces per number of lots under the jurisdiction of the Homeowners' Association.

b.

Parking shall be permitted in 50 per cent of the front required setback as long as the parking lot is on the same lot as the use and is located entirely within the subdivision that is being created and there are no lots adjacent to the side or front that is not part of the subdivision. Otherwise, the minimum setback for all parking must meet the zoning required front setback including the buffer.

c.

Parking may be located in any setback that is directly adjacent to a special purpose lot, but in no case, no closer than 5 feet to any property line.

d.

Parking shall be permitted to be located in 50 per cent of the rear required setback as long as there is no potential for development on the adjacent tract located at the common property line and there are no Water Quality Buffer requirements.

11-4.75.

Swimming Pool.

(A)

Where Required. All residential, OI, and commercial districts. The regulations of this section shall be applicable to swimming pools located on private property which are under the control of a homeowner and the use of which is limited to the family members and invited guests.

(B)

Use Separation.

(1)

Pools shall be located so as to comply with the minimum setback requirement for accessory structures for the district in which it is located.

(2)

Pools which are not an integral part of the principal building shall be located a minimum of 5 feet (as measured to the edge of the pool water) from the principal building including porches and/or above grade decking. Steps may encroach into this separation distance per the requirements of UDO Section 9-6.3(B)(1).

(3)

In calculating the size of a swimming pool, the gross square feet will be the total of the swimming pool and any decking, or aprons constructed for the completion of the pool.

(C)

Security Fencing. Swimming pools located outdoors shall be protected by a fence in accordance with Article II, Section 2-4.171-(a) Swimming Pool Barrier.

(Ord. of 3-5-2012)

11-4.76.

Swine Farm.

(A)

Where Required. A-1 district.

(B)

Conformance with County Regulations. The use shall conform to the requirements of the Nash County Intensive Livestock Regulations, as applicable.

11-4.77.

Temporary Hardship Manufactured Home.

(A)

Where Required. A1, all Residential, OI, and all Commercial Zoning Districts.

(B)

Type. A temporary hardship manufactured home shall be a Class B manufactured home, facilitating a caregiver's provision of care for a mentally or physically impaired person. Hardships shall be considered for qualified impairments only and not for financial reasons.

(C)

Location.

(1)

A temporary hardship manufactured home shall be permitted as an accessory use on property owned or occupied by either the caregiver or the mentally or physically impaired person as their primary residence.

(2)

Only one temporary hardship manufactured home shall be allowed on a lot or parcel of land.

(3)

A temporary hardship manufactured home shall not be permitted on a property prior to the occupancy of the primary residence.

(4)

A temporary hardship manufactured home shall comply with all setback requirements applicable to principal dwellings in the zoning district in which it is located.

(D)

Occupant. Either a mentally or physically impaired person receiving care and/or supervision from a caregiver residing in the principal dwelling, or a caregiver providing care and/or supervision for a mentally or physically impaired person residing in the principal dwelling may occupy the temporary unit.

(1)

A mentally or physically impaired person shall require assistance with two or more activities of daily living (bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating) as certified in writing by a physician licensed to practice in North Carolina.

(2)

A caregiver shall be an individual 18 years of age or older

(E)

Evidence of Compliance. The permit applicant may be required to provide evidence of compliance with these requirements on an annual basis as long as the temporary hardship manufactured home remains on the property. The evidence may involve the inspection of the home by the County at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation, and annual renewal of the doctor's certification.

(F)

Removal. Any temporary hardship manufactured home shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary hardship manufactured home is needed for another mentally or physically impaired person in the same location, the applicant may submit a doctor's certification for that individual within the 60-day period for review and approval by the Zoning Administrator.

11-4.78(a)

Temporary Commercial Construction Office.

(A)

Where Required. All zoning districts.

(B)

Occupants. A temporary commercial construction office shall be occupied by persons having construction or security responsibilities over a nonresidential construction site. If the office is to be staffed overnight, Nash County Emergency Services shall be advised beforehand.

(C)

Time Limitation. A temporary commercial construction office shall be removed within 30 days after the issuance of a final certificate of occupancy for the permanent commercial structure.

11-4.78(b)

Temporary Construction/Repair Residence.

(A)

Where Required. All zoning districts.

(B)

Occupants. A temporary construction/repair residence shall be occupied by the persons intending to live in the on-site permanent residence once construction, repairs, or renovations are completed.

(C)

Time Limitation.

(1)

A temporary construction/repair residence shall be removed within 30 days after the issuance of a final certificate of occupancy for the permanent residence.

(2)

A special use permit issued for a temporary construction/repair residence shall expire 12 months after the date of issuance, except that the Board of Adjustment may renew such permit if it determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residence to complete the construction, repair, or renovation work necessary to make such building habitable.

(D)

Type. A temporary construction/repair residence may be a Class B manufactured home with functioning bathroom and kitchen facilities.

11-4.78(c)

Temporary Emergency Repair Residence.

(A)

Where Required. All zoning districts.

(B)

Occupants. A temporary emergency repair residence shall be occupied by either the displaced residents of the damaged on-site home or by a contractor performing repairs on the damaged on-site home.

(C)

Time Limitation.

(1)

A temporary emergency repair residence shall be removed within 30 days after the issuance of a final certificate of occupancy for the permanent residence.

(2)

Temporary emergency repair residences are allowed for up to 18 months before a special use permit issued by the Board of Adjustment is required.

(D)

Type. A temporary emergency repair residence may be a Class B manufactured home, a travel trailer, or an RV. All temporary emergency repair residences must have functioning bathroom and kitchen facilities.

11-4.78(d).

Temporary Major Construction Campground/RV Park.

(A)

Where Required.

RC, GC and GI Districts.

(B)

General Requirements.

(1)

Application must include a detailed site plan and supporting documents sufficient to demonstrate that all physical requirements are met.

(2)

Application must include information describing the Major Construction Project ("Project"), including but not limited to a description of the scope of the project, contact information for project construction manager or representative and construction schedule. This information shall be used to determine whether the Project qualifies for consideration of the temporary housing measure.

(3)

No campsites may be sold. No campsites may be leased for a period beyond the expiration date of the zoning, water or wastewater permits.

(4)

No campsite shall be used as a permanent place of abode nor occupied temporarily beyond the expiration of the approved permit without written consent by Nash County. Any action toward removal of wheels of a trailer or RV except for temporary purposes of repair or to attach the trailer to the ground for stabilizing purposes shall be prohibited.

(5)

No campsite shall be located in a regulated flood hazard area.

(6)

Campground/RV Park must be located on a lot with direct access to a collector or higher classified road. Access shall be designed to accommodate turning movements by large vehicles with trailers, without disrupting the flow of traffic on the public roadway.

(7)

Parking and internal drives must be passable for emergency vehicles, but paving is not required.

(8)

Roadside and parking area screening is not required due to the temporary nature of the facility.

(9)

Exposed ground surfaces shall be maintained in a way that prevents soil erosion and dust.

(10)

To the greatest extent possible, campsites shall be developed to preserve their natural character. Campsites shall be level and well drained.

(11)

Approved water and wastewater services are required and must be approved by Nash County Health Department or appropriate state agency, depending on design.

(12)

All campers/RVs must be self-contained with functioning bathroom and kitchen facilities.

(13)

No permanent structures, additions or accessory structures shall be allowed, such as porches, decks, gazebos, sheds, carports, and the like.

(C)

Dimensional Requirements.

(1)

Maximum number of campsites: 20 campsites, with one camper/RV per site

(2)

In no case shall any campsite be less than 1500 square feet. Campsites must provide parking for the camping vehicle plus one additional vehicle.

(3)

Campers and RVs shall be separated from each other and other structures within the park by at least 10 feet.

(4)

Campground operations shall be located at least 500 feet from any existing residence located on a separate parcel and more than 100 feet from any property line of a residentially-used or residentially-zoned property.

(D)

Extension and Closure.

(1)

Initial permit shall be valid for 12 months. Renewal may be approved by the Planning Department for up to one (1) 6 month extension, provided construction on the qualifying project is not complete. Extensions beyond 18 months must be approved by the Board of County Commissioners.

(2)

Campers and RVs must be removed from the property on or before the permit expiration date.

(3)

Other improvements must be removed within 30 days of the permit expiration.

11-4.79.

Temporary Shelter.

(A)

Where Required. R-6, OI and GC districts.

(B)

Time Limitation. The Board of Adjustment shall initially establish an automatic expiration date for the permit for such a facility with provisions for a maximum 6-month renewal, if necessary.

(C)

Location. The facility shall be contained within the building of and operated by a government agency or nonprofit organization.

(D)

Minimum Floor Area. A minimum floor space of 50 square feet shall be provided for each individual sheltered.

(E)

Operation. The facility shall provide continuous on-site supervision during the hours of operation.

11-4.80.

Tires and Inner Tubes Manufacture.

(A)

Where Required. GI district.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from any residentially used or zoned property.

(C)

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

11-4.81.

Truck Stop.

(A)

Where Required. GC district.

(B)

Use Separation. All structures, buildings, and outdoor use areas shall be a minimum of 100 feet from a residentially used or zoned lot.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(E)

Operation.

(1)

No outdoor disassembly or salvaging shall be permitted.

(2)

The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the zoning district in which it is located.

(F)

Access. Vehicle access to the use shall be provided only by way of a US or NC numbered highway or an industrial access road.

11-4.82.

Turkey Shoots.

(A)

Where Required. A-1, R-30, R-40, RC and GC districts.

(B)

Setbacks.

(1)

No turkey shoot shall be allowed within a required setback.

(2)

All turkey shoots shall be established with the line of fire perpendicular to and away from a road right-of-way. The line of fire is a line which passes through the firing point and bisects the target. The backstop or target area shall be located not less than 500 feet from the road right-of-way.

(3)

Sites adjacent to more than one road right-of-way must designate the higher classified road as the front, and set the line of fire perpendicular thereto. Any resultant line of fire parallel to a road must be a minimum distance of 200 feet from and parallel to the road right-of-way.

(4)

All backstops shall be constructed a minimum of 500 feet from a residence located to the rear and/or side of the backstop. The design of the backstop shall be as approved by the National Rifle Association.

(C)

Parking. An off-street parking area adequate in size to park 2 cars for every backstop shall be provided.

(D)

Operation.

(1)

Backstops shall be constructed of a material that will allow the shot to penetrate and not pass through. It shall be of a minimum thickness of 2 feet and maintained at a height of 4 feet above the target.

(2)

The firearms used in turkey shoots shall be limited to shotguns firing shot no larger than number eight. No firearms may be used which have been altered from manufacturer's specifications.

(3)

The operators of the turkey shoot shall be responsible for maintaining adequate fire protection by notifying the local fire department as to the dates and times of the turkey shoot.

(4)

Turkey shoots shall be limited to Thursdays, Friday, Saturdays, and be in operation no later than 10:00 p.m.

(5)

Provisions for sanitation and refuse disposal must be made in accordance with health standards.

(E)

Permit Review. The Zoning Administrator shall coordinate the review of a request for a turkey shoot with the Nash County Health Department, Sheriff's Department, and Emergency Management Service.

(F)

Permit Limitation. The Zoning Administrator shall issue a permit not to exceed 90 days in a given year for a qualifying turkey shoot.

11-4.82(a).

Utility Field Office (Government-Owned).

(A)

Where Required. A-1, R-40, R-30, OI, RC, GC, LI, PI.

(B)

Maximum Area. The maximum land area that may be used in conjunction with the Utility Field Office (Government-Owned) is 3 acres (130,680 square feet).

(C)

Outside Storage.

(1)

Security fencing, a minimum of 6 feet in height, shall be provided around designated outside storage areas.

(2)

Any outside storage area shall be screened from an abutting residentially used or zoned lot by a buffer yard which complies with the requirements of Section 11-3.3(B).

(D)

Signs.

(1)

Signs related to a Utility Field Office (Government-Owned) located within agricultural or residential zoning districts shall conform to the following requirements:

(a)

Maximum sign area: 6 square feet.

(b)

Maximum height: 30 inches if ground mounted, signs in this category may also be mounted against the structure.

(c)

Minimum setback from all property lines: 2 feet.

(d)

Maximum number of signs per facility: 1 ground mounted sign and 1 wall mounted sign.

(2)

Signs related to a Utility Field Office (Government-Owned) located within commercial, industrial or office and institutional zoning districts shall conform to the sign requirements of Section 11-1.

11-4.83.

Utility Related Appurtenances, Substations.

(A)

Where Required. All zoning districts.

(B)

Dimensional Requirements. All buildings shall be considered accessory buildings or structures.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use.

(E)

Screening. Any outdoor storage area shall be screened from an abutting residentially used or zoned lot by a buffer yard which complies with the requirements of Section 11-3.3(B).

(F)

Dust. All unpaved outdoor use areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

11-4.84.

Veterinary Service (Other).

(A)

Where Required. OI district.

(B)

Outside Storage. Pens and runs located outdoors are prohibited.

11-4.85.

Water Treatment Plant.

(A)

Where Required. A-1 district.

(B)

Use Separation. All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from a residentially used or zoned lot.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Security Fencing. Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use.

11-4.86.

Wood Products, Logging.

(A)

Where Required. A-1 district.

(B)

Property Separation. All structures, buildings or outdoor areas used for the operation shall be a minimum of 150 feet from a residentially used or zoned lot.

(C)

Noise. Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(D)

Dust. All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(E)

Access. A truck route plan shall be submitted showing routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools or other land uses which would be negatively impacted by truck traffic.

(Ord. of 11-2-2009; Ord. of 7-12-2010, Amds. 4, 5; Ord. of 10-4-2010; Ord. of 2-7-2011; Ord. of 8-1-2011; Ord. of 10-3-2011, Amds. 1, 3; Ord. of 3-9-2013; Ord. of 2-3-2014; Ord. of 2-2-2015(1), § 2; Ord. of 7-5-2016, § (2); Ord. of 5-7-2018; Ord. of 12-3-2018; Ord. of 2-3-2020)

11-5.1.

Purpose and Intent. The purpose and intent of this ordinance is to:

1.

Promote the health, safety, and general welfare of the public by regulating the siting of wireless communication facilities.

2.

Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility including the allowance of only non-illuminated wireless communication facilities within residential districts.

3.

Encourage the location and colocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna support structures.

4.

Accommodate the growing need and demand for wireless communication services.

5.

Encourage coordination between suppliers and providers of wireless communication services.

6.

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services.

7.

Protect the character of the County while meeting the needs of its citizens to enjoy the benefits of wireless communications services.

8.

Encourage the use of public lands, buildings, and structures as locations for wireless telecommunications infrastructure demonstrating concealed technologies and revenue generating methodologies.

9.

Consideration of and compatibility with the goals and objectives of the Nash County Land Use Land Development Plan.

11-5.2.

Definitions.

Ancillary Structure means, for the purposes of this ordinance, any form of development associated with a wireless communications facility, including but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports; however, specifically excluding equipment cabinets.

Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including but not limited to: telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.

Antenna Array means a single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

Antenna Element means any antenna or antenna array.

Antenna Support Structure means a vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than twenty (20) feet. Types of support structures include the following:

Guyed Structure means a style of antenna support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

Lattice Structure means a tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas.

Monopole Structure means a style of freestanding antenna support structure consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna support structure is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof.

Anti-Climbing Device means a piece or pieces of equipment, which are either attached to an antenna support structure, or which are freestanding and are designed to prevent people from climbing the structure. These devices may include but are not limited to fine mesh wraparound structure legs, "squirrel-cones," or other approved devices, but excluding the use of barbed or razor wire.

ASR means the Antenna Structure Registration Number as required by the FAA and FCC.

Base Station means the electronic equipment utilized by the wireless providers for the transmission and reception of radio signals.

Breakpoint Technology means the engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

Collocation means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment.

Combined Antenna means an antenna or an antenna array designed and utilized to provide services for more than one wireless provider for the same or similar type of services.

Development Area means the area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways.

Equipment Compound means the fenced area surrounding the ground-based wireless communication facility including the areas inside or under the following: an antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna on the WCF that is above the base flood elevation including: cabinets, shelters, pedestals, and other similar structures.

Equipment Cabinet means any structure above the base flood elevation including: cabinets, shelters, pedestals, and other similar structures. Equipment cabinets are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Feed Lines means cables used as the interconnecting media between the transmission/receiving base station and the antenna.

Flush-Mounted means any antenna or antenna array attached directly to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

Geographic Search Ring means an area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering.

Guyed Structure. (See Antenna Support Structure.)

Handoff Candidate means a wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent first "tier" surrounding the initial wireless facility.

Lattice Structure. (See Antenna Support Structure)

Least Visually Obtrusive Profile means the design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function.

Master Telecommunications Plan means a plan developed to enforce applicable development standards, state statues, and federal regulations related to the deployment of wireless telecommunications infrastructure.

Mitigation means a modification of an existing antenna support structure to increase the height, or to improve its integrity, by replacing or removing one or several antenna support structure(s) located in proximity to a proposed new antenna support structure in order to encourage compliance with this ordinance or improve aesthetics or functionality of the overall wireless network.

Monopole Structure. (See Antenna Support Structure.)

Personal Wireless Service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

Public Safety Communications Equipment means all communications equipment utilized by a public entity for the purpose of ensuring the safety of the citizens of the County and operating within the frequency range of 700 MHz and 1,000 MHz and any future spectrum allocations at the direction of the FCC.

Radio Frequency Emissions means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure, building, or other vertical projection.

Replacement. (See Mitigation.)

Satellite Earth Station means a single or group of round or parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

Tower. (See Antenna Support Structure.)

WCF. (See Wireless Communication Facility.)

Wireless Communications means any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging).

Wireless Communication Facility (WCF) means any staffed or unstaffed location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. The following developments shall be deemed a WCF: developments containing new, mitigated, or existing antenna support structures, public antenna support structures, replacement antenna support structures, collocation on existing antenna support structures, attached wireless communications facilities, concealed wireless communication facilities, and non-concealed wireless communication facilities. Excluded from the definition are: non-commercial amateur radio, amateur ham radio and citizen band antennas, satellite earth stations and antenna support structures, and antennas and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities.

Specific types of WCFs include:

Attached WCF means an antenna or antenna array that is secured to an existing building or structure other than an antenna support structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site. (See also Freestanding WCF.)

Concealed WCF, sometimes referred to as "Stealth" or a camouflaged facility, means a WCF, ancillary structure, or WCF equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two types of concealed WCFs: 1) attached and 2) freestanding. 1) Examples of concealed attached facility include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. 2) Freestanding concealed WCFs usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, light standard, flagpole with or without a flag, or tree.

Freestanding WCF means any unstaffed location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. A freestanding wireless communication facility includes, but is not limited to the following: guyed, lattice, or monopole antenna support structures. (See also Attached WCF.)

Non-concealed WCF means a wireless communication facility that is readily identifiable as such and can be either freestanding or attached. (See also Concealed WCF.)

11-5.3.

Applicability. Except as provided in Section 11-5.4 (Exempt Installations), the following shall apply to the development activities including installation, construction, or modification of the following wireless communications facilities:

1.

Existing antenna support structures.

2.

Proposed antenna support structures.

3.

Public antenna support structures.

4.

Replacement of existing antenna support structures.

5.

Collocation on existing antenna support structures.

6.

Attached wireless communications facilities.

7.

Concealed wireless communications facilities.

11-5.4.

Exempt Installations. The following items are exempt from the provisions of this ordinance.

1.

Non-commercial, amateur radio station antennas.

2.

Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential districts and two meters or less in all other zoning districts.

3.

A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.

4.

A government-owned wireless communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.

5.

A temporary, commercial wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the County and approved by the County; except that such facility must comply with all federal and state requirements. The wireless communications facility may be exempt from the provisions of this division up to three (3) months after the duration of the state of emergency.

6.

A temporary, commercial wireless communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the County, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this division up to one week after the duration of the special event.

7.

Antenna support structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission shall be regulated in accordance with federal and other applicable local regulations.

11-5.5.

Development Standards—Generally.

a.

Applicability. Unless otherwise specified within this Ordinance, all development standards upon which the WCF is located shall apply. Where permitted as provided in Sections 11-5.6 (Permitted Uses by Zoning District) and 11-5.7 (Siting Alternatives Hierarchy), the following development standards apply to all new, mitigated, colocated, or combined wireless facility installations. Where any conservation, historic or scenic overlay districts or corridor plans also apply, the most restrictive standards shall govern.

b.

Equipment cabinets. Cabinets shall not be visible from public views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.

c.

Fencing. All equipment compounds shall be enclosed with a wood/brick/masonry/chain link with slats fence.

d.

Buffers. The proposed WCF equipment compound shall be landscaped as outlined in Section 11-5.8 paragraph (1)(o) herein.

e.

Signage.

i.

Attaching commercial messages for off-site and on-site advertising shall be prohibited.

ii.

The only signage that is permitted upon a non-concealed antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable).

iii.

Where signs are otherwise permitted, a WCF may be concealed inside such signage, provided that all applicable standards for both the signage and the concealed WCF are met.

f.

Lighting.

i.

No WCF located within a residential zoning district shall be constructed or modified so as to require lighting. Illuminated WCFs are not desirable within residential zoning districts and the extension of an existing, non-illuminated WCF to a height requiring illumination subject to the standards of the Federal Aviation Administration (FAA) shall constitute a substantial change for permitting purposes.

ii.

Lighting on WCF's, if required by the Federal Aviation Administration (FAA), shall not exceed the FAA minimum standards. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA to minimize the potential attraction to migratory birds. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.

g.

Conformance with building codes. WCF's and their equipment compounds shall be constructed and maintained in conformance with all applicable building code requirements.

h.

Equipment compound.

i.

Shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). No outdoor storage yards shall be allowed in a WCF equipment compound.

ii.

Shall not be used as habitable space.

iii.

Where feasible, one building with multiple compartments shall be constructed to serve the total number of colocation tenants. If the applicant can demonstrate that one building is not feasible or practical due to site design or other constraints, then a master site plan shall be provided to demonstrate how all-potential colocation equipment cabinets will be accommodated within the compound.

i.

Compliance with federal standards for interference protection. Any applicant for facilities under this section shall certify that such proposed facility shall comply with all applicable federal regulations regarding interference protection.

j.

Compliance with ANSI standards. In order to protect the public from excessive exposure to electromagnetic radiation, the WCF applicant shall certify through a written statement that the facility meets or exceeds current American National Standards Institute (ANSI) standards as adopted by the FCC.

k.

Abandonment.

i.

WCF's and the equipment compound shall be removed, at the owner's expense, within one hundred eighty days (180) days of cessation of use, unless the abandonment is associated with a replacement antenna structure as provided in Section 11-5.8 (Submittal Requirements), in which case the removal shall occur within one hundred eighty days (180) days of cessation of use.

ii.

An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The County may extend the time for removal or reactivation up to ninety (90) additional days upon a showing of good cause. If the antenna support structure or antenna is not removed in a timely fashion, the County may give notice that it will contract for removal within sixty (60) days following written notice to the owner. Thereafter, the County may cause removal of the antenna support structure with costs being borne by the current WCF or land owner.

iii.

Upon removal of the WCF, the equipment compound and at ground foundations including two feet below ground level, the development area shall be returned to its natural state and topography and vegetation shall be consistent with the natural surroundings or consistent with the current use of the land at the time of removal. The cost of rehabilitation shall be borne by the current WCF or land owner.

2.

Attached Wireless Communication Facilities.

a.

Generally.

i.

Height. The top of the attached WCF shall not be more than twenty (20) feet above the existing or proposed building or structure.

ii.

Setbacks. An attached WCF and its equipment compound shall be subject to the setbacks of the underlying zoning district. Antennas may extend a maximum of 30 inches into the setback. However no antenna or portion of any structure shall extend into any easement.

iii.

Least visually obtrusive profile. Feed lines and antennas shall be designed to architecturally match the façade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color and texture.

b.

Attached non-concealed WCF's.

i.

Allowable locations. Shall only be allowed on existing nonconcealed antenna support structures and, where the applicant has an agreement with the applicable utility or other authority that exercises jurisdiction over the subject right of way, on electrical distribution poles, transmission towers, and existing ball park light poles greater than fifty (50) feet in height, subject to approval of the designated staff or other appropriate agency designee and/or the utility company.

ii.

Equipment compound or cabinets. Equipment compounds or cabinets for WCF's under this subsection shall be designed and located in such a manner as to not interfere with the subject right of way or its primary utilization.

3.

Freestanding Wireless Communication Facilities.

a.

Generally.

i.

Determination of need. No new or mitigated freestanding WCF shall be permitted unless the applicant demonstrates that no existing structure can reasonably accommodate the applicant's proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search ring to be served by the proposed antenna support structure.

ii.

Designed for concealed colocation. All new or mitigated freestanding WCF shall be designed for maximum colocation installations.

iii.

Designed for nonconcealed colocation. All new or mitigated freestanding WCF's up to 80 feet in height shall be engineered and constructed to accommodate no less than two (2) antenna arrays. All WCF's between eighty-one (81) feet and one hundred (100) feet shall be engineered and constructed to accommodate no less than three (3) antenna arrays. All WCF's between one hundred and one (101) and one hundred and twenty-five (125) feet shall be engineered and constructed to accommodate no less than four (4) antenna arrays. Where permitted, all WCF's between one hundred and twenty-six (126) feet and three hundred (300) feet shall be engineered and constructed to accommodate no less than five (5) antenna arrays.

iv.

Minimum lot size. All new and mitigated freestanding WCF's shall meet minimum lot size standards of the underlying zoning district. unless meeting the requirements for a special purpose lot.

v.

Least visually obtrusive profile.New freestanding antenna support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. New freestanding WCF's shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.

vi.

Grading. Grading shall be minimized and limited only to the area necessary for the new WCF as approved by the County's Planning and Development Department.

vii.

Safety. All support structures shall be certified to comply with the safety standards contained in the Electronics Industries Association /Telecommunications Industries Association (EIA/TIA) document 222-F, or current standard, "Structural Standards for Steel Antenna Towers and Supporting Structures," or current standard, as amended, by a Registered North Carolina Professional Engineer.

b.

Freestanding concealed WCF's.

i.

Height.

(1)

In all nonresidential zoning districts where permitted, the maximum height shall be limited to one hundred and eighty (180) feet.

(2)

All height limits shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas.

ii.

Setbacks. The concealed freestanding WCF and its equipment compound shall be subject to the setbacks of the zoning district and shall meet the setback requirements as described in Section 11-5.5 (3-C-iii-1).

c.

Freestanding non-concealed WCF's.

i.

Antenna support structure. Freestanding non-concealed WCF's shall be limited to either a lattice type or a monopole type antenna support structures unless the applicant successfully demonstrates that such design is not feasible to accommodate the intended uses.

ii.

Height.

(1)

The maximum height in all residential zoning districts shall be limited to one hundred ninety nine feet. The height shall include any lightning arresters or lightning rods. (Amended 2/4/2019)

(2)

The maximum height in all nonresidential zoning districts shall be limited to three hundred (300) feet. The height limit shall include foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas.

iii.

Setbacks. A non-concealed freestanding WCF and its equipment compound shall be subject to the regulations applicable to the underlying zoning district, except where the minimum setback distance for an antenna support structure from any property line or public right-of-way is less than the height of the proposed antenna support structure. In that case:

(1)

If the antenna support structure has been constructed using breakpoint design technology as defined in Section 11-5.2 (Definitions), the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, plus the minimum setback distance. For example, on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum setback for that zoning district. Certification by a registered professional engineer licensed by the State of North Carolina of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant.

(2)

If the antenna support structure has not been constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed antenna support structure.

iv.

Least visually obtrusive profile.

(1)

New antenna support structures shall maintain a galvanized gray finish or other approved contextual or compatible color, except as required by federal rules or regulations.

(2)

New antenna shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

d.

Mitigation of existing freestanding WCF's.

i.

Determination of need. WCF mitigation shall accomplish a minimum of one of the following: reduce the number of WCF's, replace an existing WCF with one that is less visually obtrusive, or replace an existing WCF with a new WCF to improve network functionality resulting in compliance with this ordinance.

ii.

Height. The height of a WCF approved for mitigation shall not exceed one hundred and fifteen (115) percent of the height of the tallest WCF that is being mitigated up to a maximum of three hundred (300) feet.

iii.

Setbacks. A new WCF approved for mitigation of an existing WCF shall not be required to meet new setback standards so long as the new WCF and its equipment compound are no closer to any property lines than the WCF and equipment compound being mitigated and is designed to meet the requirements of Section 11-5.5-3-C.iii.1. For example, if a new WCF is replacing an old one, the new one is allowed to have the same setbacks as the WCF being removed, even if the old one had nonconforming setbacks.

iv.

Buffers. The proposed WCF equipment compound shall be landscaped as outlined in Section 11-5.8 paragraph (1)(o) herein.

v.

Least visually obtrusive profile. Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zone lots.

4.

Colocated or Combined Facilities.

a.

Generally.

i.

Buffers. The proposed WCF equipment compound shall be landscaped as outlined in Section 11-5.8 paragraph (1)(o) herein.

ii.

Height. A colocated or combined WCF shall not increase the height of an existing antenna support structure by more than twenty (20) feet.

iii.

Setbacks.

(1)

A colocated or combined WCF, its equipment compound, and any ancillary equipment shall be subject to the setbacks of the underlying zoning district.

(2)

When a colocated or combined WCF is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.

iv.

Visibility. New antenna shall be flush-mounted onto existing WCF's, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

_____

11-5.6.

Permitted Uses by Zoning District.

P—Permitted per 11.5    S—Special Use Permit    N—Not Permitted

_____

11-5.7.

Siting Alternatives Hierarchy. Siting of a wireless communications facility (WCF) (as herein defined) shall be in accordance with the following siting alternatives hierarchy:

1.

Concealed Attached Wireless Communications Facility.

a.

On County-owned property so designated as COP.

b.

On other publicly-owned property.

c.

On privately-owned property.

2.

Collocated or Combined on Existing Antenna Support Structure Facility, Utility Pole, Distribution Tower or Light Stanchions.

a.

On County-owned property so designated as COP.

b.

On other publicly-owned property.

c.

On privately-owned property.

3.

Freestanding Concealed Wireless Communications Facility.

a.

On County-owned property so designated as COP.

b.

On other publicly-owned property.

c.

On privately-owned property.

d.

In public rights-of-way.

4.

Non-concealed Freestanding Wireless Communications Facility.

a.

On County-owned property so designated as COP.

b.

On other publicly-owned property.

c.

On privately-owned property.

Concealed WCFs proposed on designated County property shall be allowed as Permitted.

For attached, collocated, or combined WCF, the order of ranking preference, highest to lowest, shall be from 1a to 1c and 2a to 2c. Where a lower ranked alternative is proposed, the applicant must file relevant information as indicated in Section 11-5.8.1 (General Submittal Requirements) including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility.

Where a freestanding WCF is permitted the order of ranking preference from highest to lowest shall be from 3a to 3d and 4a to 4c. Where a lower ranked alternative is proposed, the applicant must file relevant information as indicated in Sections 11-5.8.1 (General Submittal Requirements) and 11-5.8.3 (Freestanding Concealed or Non-concealed WCFs, and Mitigation of WCFs) and demonstrate higher ranked options are not technically feasible, practical, or justified given the location of the proposed wireless communications facility, and the existing land uses of the subject and surrounding properties within 300 feet of the subject property.

This section shall not be interpreted to require applicants to locate on publicly-owned sites when lease negotiation processes are prohibitively lengthy or expensive relative to those of the private sector. The applicant is considered justified in selecting a lower-ranked privately-owned property option if the local government fails to approve a memorandum of agreement or letter of intent to lease a specified publicly-owned site within ninety (90) days of the application date, or if it is demonstrated that the proposed lease rate for the specified public-owned site significantly exceeds the market rate for comparable privately-owned sites.

11-5.8. Submittal Requirements. In addition to the submittal requirements of any subsection below, each applicant shall submit a completed application form and required application fees as part of its submittal package.

1.

General Submittal Requirements.

a.

An affidavit by a radio frequency engineer demonstrating compliance with Section 11-5.7 (Siting Alternatives Hierarchy). If a lower ranking alternative is proposed, the affidavit must address why higher ranked options are not technically feasible, practical, or justified given the location of the proposed wireless communications facility.

b.

Four (4) sets (24?(36?) of signed and sealed site plans, including antenna support structure elevations, and landscape plans if required, and four (4) letter size copies (8½?(11?), of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities. If a Special Use Permit is required, ten (10) copies of the site plan are required.

c.

Proof that a property and/or antenna support structure owner's agent has appropriate authorization to act upon the owner's behalf (if applicable).

d.

A signed statement from a qualified person, together with their qualifications, shall be included that certifies radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other existing facilities located on or immediately adjacent to the proposed facility complies with FCC standards.

e.

Proposed maximum height of the proposed WCF, including individual measurement of the base, the antenna support structure, less the lightning rod.

f.

Photo-simulated post construction renderings of the completed proposed antenna support structure, equipment cabinets, landscaping, and ancillary structures from a minimum of four (4) locations, to include renderings from the vantage point of any adjacent roadways and occupied or proposed nonresidential or residential structures.

g.

If the proposed WCF is subject to FAA regulation, then prior to issuance of a building permit, a copy of all material submitted by the applicant to the FAA and any such approval if available.

h.

If the United States Fish and Wildlife Service require the applicant to submit any information to them concerning the proposed wireless communications facility, the applicant shall also furnish a copy of any material submitted to the United States Fish and Wildlife Service to the County as part of the application package.

i.

Interference with public safety communications. In order to facilitate the regulation, placement, and construction of WCFs, and to ensure that all parties comply to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each owner of a WCF or applicant for a WCF shall agree in a written statement to the following:

i.

Compliance with "Good Engineering Practices" as defined by the FCC in its rules and regulations.

ii.

Certification from the applicant that it complies with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI).

iii.

In the case of an application for collocated telecommunications facilities, the applicant, together with the owner of the subject site, shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the County's public safety communications equipment and will implement appropriate technical measures, as described in Section 11-5.8 (5) (Antenna Element Replacements), to attempt to prevent such interference.

iv.

Whenever the County has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCFs, the following steps shall be taken:

(1)

The County shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the County and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Best Practices Guide," released by the FCC in February 2001, including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time.

(2)

If any WCF owner fails to cooperate with the County in complying with the owner's obligations under this section or if the FCC makes a determination of radio frequency interference with the County public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the County for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Best Practices Guide" within twenty-four (24) hours of the County's notification.

j.

If requested, materials detailing the locations of existing wireless communications facilities to which the proposed antenna will be a handoff candidate, including latitude and longitude of the proposed and existing antenna.

k.

A map showing the designated search ring.

l.

For all applications except collocations, a radio frequency analysis indicating the coverage of existing wireless communications sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed network design is intended to improve coverage or capacity potential or reduce interference and the proposed facility cannot be achieved by any higher ranked alternative such as a concealed facility, attached facility, replacement facility, collocation, or new antenna support structure.

m.

Compliance letter from the State Historic Preservation Office (SHPO).

n.

Completed checklist-demonstrating compliance with the National Environmental Policy Act (NEPA).

o.

Landscaping Requirements.

i.

Landscaping shall be provided in accordance with Section 11-3.3 (B) Screening of Adjoining Incompatible Land Uses - Industrial and Commercial Uses.

3.

Attached, Collocated, and Combined WCFs.

a.

Certification furnished by a Registered Professional Engineer licensed in the State of North Carolina that the WCF has sufficient structural integrity to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure.

b.

A signed statement from the antenna support structure owner or owner's agent agreeing to allow the collocation of other wireless equipment on the proposed antenna support structure, if the structure is designed or capable of additional wireless equipment.

c.

A signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards.

4.

Freestanding Concealed or Non-concealed WCFs, and Mitigation of WCFs.

a.

A report and supporting technical data demonstrating that all antenna attachments and collocations, including all potentially useable utility distribution poles or transmission towers and other elevated structures within the proposed geographic search ring, and alternative antenna configurations have been examined, and found unacceptable. The report shall include reasons that existing facilities such as utility distribution poles and transmission towers and other elevated structures are not acceptable alternatives to a new freestanding WCF. The report regarding the adequacy of alternative existing facilities or the mitigation of existing facilities to meet the applicant's need or the needs of service providers indicating that no existing wireless communications facility could accommodate the applicant's proposed facility shall demonstrate any of the following:

i.

No existing wireless communications facilities located within the geographic search ring meet the applicant's engineering requirements, and why.

ii.

Existing wireless communications facilities are not of sufficient height to reasonably meet the applicant's engineering requirements, and cannot be increased in height.

iii.

Existing wireless communications facilities do not have sufficient structural integrity to support the applicant's proposed wireless communications facilities and related equipment, and the existing facility cannot be sufficiently improved.

iv.

Other limiting factors that render existing wireless communications facilities unsuitable.

b.

Technical data included in the report shall include certification by a Registered Professional Engineer licensed in the State of North Carolina or other qualified professional, which qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed WCF, and accompanying maps and calculations demonstrating (using the hierarchy in Section 11-5.7) the need for the proposed WCF.

c.

A statement that the proposed facility meets the siting alternatives hierarchy, or alternatively, that concealment technology is unsuitable for the proposed facility. Costs of concealment technology that exceed facility development costs shall not be presumed to render the technology unsuitable.

d.

The applicant shall provide simulated photographic evidence of the proposed WCFs appearance from four (4) vantage points including the facility types the applicant has considered and the impact on adjacent properties including:

i.

Overall height.

ii.

Configuration.

iii.

Physical location.

iv.

Mass and scale.

v.

Materials and color.

vi.

Illumination.

vii.

Architectural design.

If applicable, the applicant shall provide a statement as to the potential visual and aesthetic impacts of the proposed WCF on all adjacent residential zoning districts.

e.

Certification furnished by a Registered Professional Engineer licensed in the State of North Carolina, that the WCF has sufficient structural integrity to accommodate the required and a proposed number of collocations.

f.

A written statement by a Registered Professional Engineer licensed by the State of North Carolina specifying the design structural failure modes of the proposed facility, if applicable, identification of the intended service providers of the WCF.

5.

Antenna Element Replacements.

a.

Any repair or replacement of an existing antenna or antenna array with another of like model, type, and number, and which will not alter the structural integrity of the support structure, shall be exempted from further review provided that a notarized certification shall be submitted by a qualified technician stating that the replacement will not alter the structural integrity of the support structure, and that any changes will not affect electrical specifications.

b.

For any repair or replacement of an existing antenna or antenna array on a WCF that changes the mechanical or electrical specifications of the WCF, but does not increase the number and/or size of feed lines to the existing WCF, the applicant must, prior to making such modifications, submit the following:

i.

A written statement setting forth the reasons for the modification.

ii.

A description of the proposed modifications to the WCF, including modifications to antenna element design, type and number, as well as any additional feed lines from the base of the WCF to such antenna elements.

iii.

A signed statement from a qualified person, together with their qualifications, shall be included representing the antenna support structure's owner or owner's agent that the radio frequency emissions comply with FCC standards for such emissions. A signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards.

iv.

A stamped or sealed structural analysis of the existing WCF prepared by a Registered Professional Engineer licensed by the State of North Carolina indicating that the existing antenna support structure as well as all existing and proposed appurtenances meets North Carolina Building Code requirements (including wind loading) for the antenna support structure.

c.

Any repair or replacement of an existing antenna or antenna array on a WCF that changes the mechanical specifications in a manner that increases the number and/or size of feed lines to the existing WCF will be treated as a new collocation.

Section 11-5.9. Approval Process. All approvals are subject to the supplemental review process and/or those outlined in the Section 4-7 (Special Use Permit). Additionally, in accordance with the table in Section 11-5.6 (Permitted Uses by Zoning District), the following approval process shall apply:

1.

New WCFs and Antenna Element Replacements.

a.

Any application submitted pursuant to this section shall be reviewed by County staff for completeness. If any required item fails to be submitted, the application shall be deemed incomplete. Staff shall advise an applicant in writing within twenty (20) business days after submittal of an application regarding the completeness of the application. If the application is incomplete, such notice shall set forth the missing items or deficiencies in the application, which the applicant must correct and/or submit in order for the application to be deemed complete.

b.

Within twenty (20) days of receiving a timely response from an interested potential co-applicant, the applicant shall inform the respondent and the County in writing as to whether or not the potential collocation or combining is acceptable and under what conditions. If the collocation or combining is not acceptable, then the applicant must provide the respondent and the County written justification as to why the collocation or combining is not feasible.

2.

Supplemental Review. The County reserves the right to require a supplemental review for any type of WCF, as determined necessary, subject to the following:

a.

Where due to the complexity of the methodology or analysis required to review an application for a wireless communication facility, the County may require the applicant to pay for a technical review by a third party expert, the costs of which shall be borne by the applicant and be in addition to other applicable fees.

b.

The applicant shall submit as published in the County's current fee schedule.

c.

Based on the results of the expert review, the approving authority may require changes to the applicant's application or submittals.

d.

The supplemental review may address any or all of the following:

i.

The accuracy and completeness of the application and accompanying documentation.

ii.

The applicability of analysis techniques and methodologies.

iii.

The validity of conclusions reached.

iv.

Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in this Ordinance.

v.

Other items deemed by the County to be relevant to determining whether a proposed wireless communications facility complies with the provisions of these codes.

Section 11-5.10. Publicly-Owned Property.

1.

Pursuant to applicable law, the County may contract with a third party to administer publicly owned sites for purposes of providing wireless telecommunications services, consistent with the terms of these regulations. Except as specifically provided herein, the terms of these regulations, and the requirements established thereby, shall be applicable to all WCFs to be developed or collocated on County-owned sites.

2.

If an applicant requests a permit to develop a site on County-owned property, the permit granted hereunder shall not become effective until the applicant and the jurisdiction have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the jurisdiction will be granted.

3.

No permit granted under this section shall convey any exclusive right, privilege, permit, or franchise to occupy or use the publicly owned sites of the jurisdiction for delivery of telecommunications services or any other purpose.

4.

No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property.

(Ord. of 2-7-2011; Ord. of 8-1-2011; Ord. of 10-3-2011, Amds. 1, 3; Ord. of 2-4-2019)