Permission may be granted for the establishment of uses listed as special uses by the Zoning Board of Adjustment if the Board of Adjustment finds from the evidence produced after a study of the complete application records that:

   a.   The proposed use does not affect adversely the general plans for the physical development of the town as embodied in these regulations or any plan or portion thereof adopted by the Town Council;

   b.   The proposed use will not be contrary to the purposes stated in these regulations;

   c.   The proposed use will not affect adversely the health and safety of residents and workers in the town;

   d.   The proposed use will not be detrimental to the use or development of adjacent properties or other neighborhood uses;

   e.   The proposed use will not be affected adversely by the existing uses;

   f.   The proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use;

   g.   The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such a facility, vehicular movement, noise or fume generation, or type of physical activity;

   h.   The standards set forth for each particular use for which a permit may be granted have been met;

   i.   The proposed use shall be subject to the minimum area, setback and other requirements of the zoning district in which it will be located or other setbacks as stated herein;

   j.   The proposed use shall be subject to the off-street parking and service requirements of these regulations; and

   k.   The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for the town.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   The Board of Adjustment may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents of the community, protect property values and the general character and welfare of nearby areas.

   b.   Wherever the Board of Adjustment shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions or restrictions upon which such permits were granted are not being complied with, said Board shall rescind and revoke such permits after giving the notice to all parties concerned and granting full opportunities for a public hearing.

   c.   The Newport Planner or his or her designee may impose a civil penalty, in accordance with the town’s civil penalty ordinance, for any violation of the special use permit or any requirement of this ordinance in addition of any other remedy prescribed by law. Each day of a continuing violation shall constitute a separate violation.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The Board of Adjustment may grant permission for the establishment of the following uses where they are listed as special uses in the district, subject to any specific conditions either set forth below or which said Board may deem necessary to satisfy the conditions set forth in § 9-1 above.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   A cemetery shall not be located on the same lot with any other use except a bona fide church or mortuary and shall not be smaller than the minimum lot size in the district and meet the minimum requirements of the Carteret County and North Carolina State Health Departments.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   A golf course may be permitted in an R District subject to the requirements of the district and provided that all greens and fairways shall be set back at least 25 feet from any property line.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   A care center for the aged, disabled or handicapped, including convalescent or nursing home may be permitted in an R District subject to the requirements of the district and provided that:

   a.   The lot size shall be no less than two acres;

   b.   The structure shall have minimum side and rear yards of 50 feet and a front yard of at least 25 feet greater than that required for single-family residences within the district;

   c.   Site plan shall be approved in accordance with Article XII;

   d.   Emergency standby electrical power source, adequate for providing heat, light and minimum facilities for the type of medical need and comfort of the tenants without requiring outside assistance is available;

   e.   A staff vehicle appropriately equipped to transport, on a 24-hour basis, any tenant to the doctor or hospital for non-emergency care is available; and

   f.   A covered walk, canopy or roof, approved by the Board to provide a protected area of vehicle discharge so as to enable passenger ingress/egress into the main building in inclement weather, is available.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Day care facilities may be permitted in an R District subject to the requirements of the district, and required state standards and provided that:

   a.   At least 100 square feet of outdoor play area is supplied for each child accommodated; and

   b.   The entire play area be enclosed by a fence having a minimum height of at least four feet and constructed in such a manner that maximum safety to the children is ensured.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Condominium is an ownership concept therefore, does not in itself require zoning approval.

   b.   Condominium ownership may be used on any style of construction, subject to zoning district regulations and the North Carolina Building Code.

   c.   There may be projects such as duplex, apartments or planned unit developments that may incorporate the condominium ownership concept. These projects may incorporate condominiums in the zoning approval.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   A manufactured home park may be permitted in an R-20 MH District as a permitted use and in an R-20 as a special use permit. All manufactured home parks shall be developed in accordance with the requirements of this section.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Area. The minimum manufactured home park size shall be three acres.

   b.   Density. The density of the number of manufactured homes per acre will be determined by the minimum lot sizes, recreation areas and streets within the park as required by this chapter.

   c.   At least 20% of the total number of manufactured home lots shall be designed for single- wide units, which shall accommodate units 80 feet in length and 14 feet in width. The maximum size of the units they can accommodate shall be noted on the development plans.

   d.   Landscaping and fencing. Screened planting strips, not less than ten feet wide shall be established and permanently maintained between the park and all incompatible peripheral boundary lines of the park.

      1.   Street frontages shall be provided with landscaped buffers adjacent to the public right-of-way except where cut by an access drive, and occupy a minimum of 60% of the required 30-foot setback area.

      2.   At least one tree, minimum two-inch caliper size, shall be provided on each mobile home lot.

      3.   All areas of a mobile home park not occupied by approved paving or by trailer park facilities held in common shall be landscaped.

   e.   Park roads.

      1.   A roadway of at least 30 feet shall be provided to accommodate public utilities, drainage, etc., with the road at least 18 feet wide, paved.

      2.   Park roadways shall be illuminated with a minimum of 0.2 foot candles of light at the roadway’s surface. Lights shall be directed away from adjacent properties.

   f.   Guest parking and vehicle storage.

      1.   There shall be provided one paved guest parking space for every three mobile home lots. Parking shall be uniformly distributed throughout the manufactured home park.

      2.   There shall also be provided one storage space for every eight mobile home lots to accommodate recreational vehicles, boats, boat trailers and similar equipment. Each storage space shall be at least ten feet wide and 25 feet long. This space shall have an all weather surface and may be marl, rock, etc.

   g.   Recreation areas.

      1.   There shall be a common recreation area equal to at least 200 square feet for each mobile home lot.

      2.   All public areas and buildings shall be illuminated with a minimum of 0.2 foot candles at the ground surface. Lights shall be directed away from adjacent properties.

      3.   Pedestrian pathways shall be provided to recreation area.

   h.   Underground utilities. All utility services, including, but not limited to, water, sewer, electrical, cable TV, gas and telephone lines shall be placed underground.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Each and every manufactured home in a park shall be located on an approved manufactured home lot. There shall be no more than one mobile home per mobile home lot. No mobile home lot shall be occupied by any other type of living quarters.

   b.   Each manufactured home lot shall have provisions for a 15-foot wide access to one of the park roads.

   c.   There shall be a minimum of 20 feet between any manufactured home and any other structure.

   d.   Two paved parking spaces shall be provided for each mobile home lot.

   e.   Each mobile home lot not occupied with structures or other landscaping shall be landscaped with grass.

   f.   Where centrally located waste containers are used, they shall be no further than 150 feet from any lot.

   g.   Each lot shall be clearly defined by means of concrete, steel or iron pipe markers placed at all corners.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The minimum lot size shall not be less than:

      1.   Five thousand square feet if served by both a community water and sewage disposal system;

      2.   Seven thousand square feet if served by either a community water or sewage disposal system; and

      3.   Ten thousand square feet if served by individual water well and septic tank.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Minimum setback for the manufactured home within a lot shall be:

      1.   Side yard of ten feet;

      2.   Rear yard of 20 feet; and

      3.   Front yard of 20 feet.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   A mobile home shall not be occupied by more than one family.

   b.   If the park has a community water system and/or a community sewage disposal system, other than a municipal system, it/they shall be approved by the Carteret County Board of Health. Those containing 14 or more stalls shall be subject to the State Health Department.

   c.   A plot plan shall be submitted for Planning Board approval showing location and dimensions of stalls, parking, drives, playgrounds and other improvements. Approval or disapproval shall be granted within 60 days from the initial submission to the Board and the applicant so notified.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The general provisions of Article XIV of this ordinance shall apply.

   a.   Identification signs. One identification sign shall be permitted for each lot. The sign shall not exceed an area of two square feet, shall not exceed a height of four feet above the surface of the street, shall be attached directly to a building, fence, standard or mail box, and shall be unlighted or can be provided with indirect illumination.

      1.   Each dwelling unit shall be provided a three-inch minimum size house number installed in a prominent location in the vicinity of the main entrance visible to the main street.

      2.   Every mobile home park shall provide at or near the entrance to the park an illuminated directory including a map showing the location of all lots and streets with street names.

   b.   Park identification signs.

      1.   The aggregate sign area for any park shall not exceed 32 square feet.

      2.   One identification sign shall be permitted for each park. The sign may be attached flat against a principal building. It shall not project above the eaves of the roof or the top of the parapet or may be freestanding. It shall not be located within ten feet of any public right-of-way and shall not exceed a height of ten feet above the surface of the street. It shall be located within an area landscaped pursuant to approved plans.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   A lodge may be permitted in an R District subject to the requirements of the district and provided that:

   a.   All new sites shall be no less than two acres in size;

   b.   The structures shall have minimum side and rear yards of 50 feet and a front yard of at least 25 feet greater than that required for single-family residences within the district; and

   c.   Provisions for food, refreshment and entertainment for club members and their guests may be allowed in conjunction with such use if the Board of Adjustment determines that said provisions will not constitute a nuisance.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Public or private utility buildings or facilities that may create excessive noise, odor, smoke, dust or any other objectionable nuisance in the opinion of the Zoning Administrator shall be subject to the requirements of obtaining a special use permit. The Board of Adjustment may grant a permit, if it is determined to be in the public interest. The Board may require additional requirements on the permit to mitigate any nuisance(s).

   b.   Public utility buildings and uses such as sewage lift station, electrical sub-stations, etc., which do not create excessive noise, odor, smoke, dust and which do not possess other objectionable characteristics which might be detrimental to surrounding property or to other uses permitted in the district may be permitted as a right in any district. Public buildings and uses in this case shall not be construed to include post offices, armories, schools, churches, etc.

   c.   The design of buildings, structures and facilities on the site should conform as closely as possible to the character of the area or neighborhood.

   d.   Adequate fencing or comparable safety devices must be installed and maintained in order to make the facility inaccessible to the public.

   e.   Underground sewage lift stations, small cabinet mounted telephone, TV cable amplifiers, switching equipment, etc., are not construed to require a special use permit and are permitted uses.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Schools may be located in an R District subject to the requirements of the district and provided that:

   a.   Off-street parking requirements in this ordinance be met; and

   b.   The minimum site size for an elementary school shall be ten acres, for a junior high school shall be 20 acres and for a senior high school shall be 30 acres, plus one acre for each 100 students.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   A special use permit is required for the development of a public airport as defined in G.S. Ch. 63, Aeronautics.

   a.   When considering approval, the Board of Adjustment shall consider the runway orientation to adjacent uses and may advise the Planning Board and Town Council of the necessity of initiating runway protection zones and any other zoning considerations necessary for the protection of the airport and public from incompatible development encroachment to the airport as provided for in G.S. Ch. 63, Art. 4.

   b.   When a private and/or corporate owned airport or landing strip is planned along with the development of a subdivision, planned unit development or commercial/industrial development, the aircraft facility shall be considered for approval along with the approval process with the planned development or subdivision where appropriate.

   c.   When the facility in b. above is being considered, the Planning Board and/or Town Council shall have the authority to approve, disapprove or approve conditionally.

   Note

      Runways and facilities will be so oriented that aircraft takeoff and landing shall not, in the opinion of the Council, constitute a nuisance to neighboring uses.

   d.   Commercial or noncommercial helicopter uses may be housed and operate as permitted accessory uses in all nonresidential districts.

   e.   Noncommercial helicopter and aircraft may be housed and operate as permitted uses in all districts.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Drive-in theaters shall provide ingress and egress so designed as to minimize traffic congestion, shall be so screened from an R District or dwelling that any noise shall not disturb residents or prospective residents. Lighted signs and other lights maintained only in a way as not to disturb neighboring residents and shall be so designed that the screen be set back from and shall not be clearly visible from any street or highway.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   (Refer to G.S. § 160D-907 for authority.) A family care home is deemed a residential use of property for all zoning purposes, and shall be a permissible use in all residential districts, however, it is prohibited for a family care home to be located within a one-half mile radius of existing family care home.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. 2023-06, passed 10-12-2023)

   The commercial application of affluent from wastewater treatment plants such as pre-treated water or the depositing of sludge from septic tanks or treatment plants shall only be permitted by favorable consideration of a special use permit. In addition to requirements and controls from county, state or federal agencies, the town may place additional requirements to mitigate vehicle traffic, noise, odors or any other perceived health hazard.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Each application shall include the following information in addition to the general information required by this ordinance:

   a.   A boundary survey of the subject property, together with the proposed location of the limits of excavation;

   b.   The means of vehicle access to the proposed excavation;

   c.   The number of cubic yards to be excavated;

   d.   The areas proposed for the storage of overburden and other spoil during the process of excavation;

   e.   The proposed date on which excavation will commence, the proposed date on which the excavation will be completed and the proposed date that all required restoration measures are to be completed;

   f.   The location of all haul roads leading to public streets and highways within the area, and the location of all service roads on site;

   g.   A statement listing the public streets and highways to be used as haul routes;

   h.   A plan showing the proposed use of the property once excavation has been completed, including the location of proposed lots, streets, structures and other features; and

   i.   A plan for filling of the borrow pit, if this is intended, once excavation has been completed. No filling of the borrow pit will be allowed unless plans for the filling have been approved by the Town Council as part of or as an amendment to the special use permit application, and until the Town Engineer has issued a fill permit for such activity.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Undrained pockets and stagnant pools from surface drainage shall be sprayed in accordance with requirements of the State Board of Health to eliminate breeding places for mosquitoes and other insects.

   b.   Off-street parking areas adequate for all employees’ vehicles and trucks shall be provided.

   c.   The edge of the area to be excavated shall be located at least 100 feet from all exterior property lines. The setback area shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except the setback area may be used for access roads. Exterior limits of all work shall be monumented with iron markers no less than five feet above surface of earth.

   d.   Access roads to any excavation where hauling is being conducted shall be maintained in a dust-free manner. All access roads shall be constructed so as to intersect as nearly as possible at right angles with public roads and highways and no access road shall intersect any public road at any angle of less than 60 degrees.

   e.   Operating hours of excavation may be restricted to between 7:00 a.m. and 7:00 p.m. and Sunday operations may be prohibited.

   f.   All construction buildings used for the production and processing of excavated material shall be constructed and maintained as required by the Building Code.

   g.   Existing trees and ground cover along public street frontage shall be preserved and maintained, and replaced during the period of excavation if the Zoning Administrator deems it necessary.

   h.   No excavation on the site shall commence until an excavation permit has been received from the Zoning Administrator and all requirements of this code have been complied with.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Before issuing any special use permit for the excavation or fill of a borrow pit, the Board shall give due consideration to the following factors:

   a.   Effect of the proposal upon groundwater supply and drainage in the area;

   b.   Effect of the proposal upon the town streets in the area, including, but not limited to, the factor of traffic safety;

   c.   Impact from noise, dust, odor or other nuisance upon surrounding properties; and

   d.   Effect of the proposal as a potential health or safety hazard.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The purpose of this section is to provide reasonable regulations to prevent the adverse effect of the concentration or clustering of certain uses of real property, specifically adult entertainment establishments. Such uses have serious objectionable characteristics when several of them are located in close proximity to each other. Such concentration tends to create a “skid row” atmosphere and has a detrimental effect upon the adjacent area. Regulation of the locations of these uses is necessary to ensure that such adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the development and operation of other businesses which are needed and desirable in the town.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   In addition to the uses permitted in the CH Commercial Highway District, there shall also be allowed subject to the provisions of the following subsections as special uses, adult entertainment establishments as defined. In all other districts, adult entertainment establishments are a prohibited use.

   b.   The regulations set forth in this entire section are intended to be in addition to and not in lieu of any other regulations of this code applicable to any of the adult uses. Unless otherwise specifically approved, the regulations shall not be deemed to repeal or amend any other provisions of this code which are applicable to the adult uses nor be deemed to excuse noncompliance with any such other provisions.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   The purpose of this subsection is to prevent the adverse effects of location of certain uses of real property, specifically adult entertainment establishments, in close proximity to one another, or in a district which is in close proximity to and which serves residentially zoned property; or PUD which is designated for residential use; or nursery schools, elementary schools, junior high schools, high schools, churches or public playgrounds. Regulations restricting the location of such uses with reference to residentially zoned property or PUD which is designated for residential use, nursery schools, elementary schools, junior high schools, high schools, churches or public playgrounds are reasonable and necessary for the prevention of said deleterious effects.

   b.   Notwithstanding anything elsewhere in this ordinance to the contrary, except in the provisions of subparagraph 9-4.4 of this section, no building, structure or any portion thereof or any portion of a lot or parcel of property in any zoning district, shall be used for an adult entertainment establishment at a location closer than 2,640 feet to any other adult entertainment establishment; or closer than 1,500 feet to any residentially zoned property, PUD or parcel of property which is designated for residential use, nursery schools, elementary schools, junior high schools, high schools, churches or public playgrounds situated within the zoning jurisdiction of the town.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Any establishment which does not comply solely by reason of its noncompliance with subparagraph 9-4.3 of this section shall comply with all provisions of those sections within five years of the effective date of this section; provided, however, that any such establishment which intends to in any way alter or change the nature of any such adult entertainment establishment on or after the effective date of this section shall comply with this section prior to such transfer, alteration or change. Any such use which, at the expiration of such period, is not in compliance with the provisions of this section shall become unlawful and is hereby declared to be a public nuisance and shall immediately be discontinued and abated. For the purpose of determining compliance with subparagraph 9-4.3 of this section as to, between, and with respect to, establishments in operation on the effective date of this section, priority between such existing establishments shall be assigned in accordance with the dates upon which said establishments commence such operation, priority being given to the establishment having the earliest of such dates. In the event any disputes arise regarding said date, the applicant shall have the obligation to establish the date of which he or she commenced operation. All distances referred to in this entire section shall be measured as a radius from the adult entertainment establishment without regard to public streets or sidewalks. The effective date of this section shall also mean the effective date of the extension of the corporate limits and/or the extraterritorial jurisdiction.

   b.   Within 30 days following the effective date of this section, the Zoning Administrator shall compile a list of all known establishments subject to the provisions of this section doing business on its effective date and shall notify such establishments of the date five years from the effective date of the section when any such establishment which does not comply with this section solely by reason of noncompliance with subparagraph 9-4.3 must comply with the provisions of this section.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   CAMP SITE. An area within a recreational park designed for placement of a tent, recreational camper trailer and/or a recreational vehicle.

   b.   CAMPER, RECREATIONAL CAMPER TRAILER. A trailer drawn especially by an automobile and equipped for use (as while traveling) as a dwelling. The definition does not include manufactured homes (mobile homes) as defined by The State of North Carolina Regulations for Manufactured Homes.

   c.   DEPENDENT RV, TENT OR RECREATIONAL CAMPER TRAILER. Does not have self-contained sanitary facilities or holding tanks for gray water or sanitary sewer.

   d.   DEPENDENT RV PARK. One that may cater to both dependent and independent RV, tent or camper.

   e.   DUMP STATION. A place to discharge sewage from a recreational vehicle, but not including a sewer hookup associated with a RV site.

   f.   ELECTRIC HOOKUP. The electrical supply to a campsite.

   g.   GREY WATER. The water that is contaminated with soap, grease, etc., normally associated with washing of people, dishes, clothes, etc., and the wastewater from cooking.

   h.   HOST. The person designated by the park owner to do park management.

   i.   CO-HOST. The person designated by the park owner to do park management in the absence of the host.

   j.   IMPROVED PUBLIC ROAD. A road that is improved with a minimum of gravel surface and is regularly maintained by the town or NCDOT.

   k.   INDEPENDENT RV OR RECREATIONAL CAMPER TRAILER. One that has self contained gray water and sanitary sewer holding tanks and potable water holding tanks.

   l.   INDEPENDENT RV OR RECREATIONAL CAMPER PARK. One that only caters to independent RV or recreational camper trailers.

   m.   OWNER. The lawful owner and person responsible for the operation and upkeep of the recreational park. The OWNER may designate some of the park operation and management to a host.

   n.   PARKING SPACE. A place to park a motor vehicle.

   o.   RECREATIONAL PARK. Land that is divided into rental spaces (with or without utility hookups) under common ownership or management for the purpose of temporarily locating recreational vehicles, recreational camper trailers or tents for recreation purposes.

   p.   RECREATIONAL CAMPER TRAILER. An enclosed box trailer or a pop-up-trailer designed to be pulled by a light duty truck or vehicle either with a ball hitch or fifth wheel device with sleeping accommodations and not designed primarily for use as a permanent dwelling.

   q.   RECREATIONAL VEHICLE (RV) (“PARK MODEL”). A vehicle which is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is self-propelled or towed by a light duty truck, and is not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel and seasonal use. The basic entities are travel trailer, camping trailer, truck camper and motor home. RECREATIONAL VEHICLES are not subject to the Manufactured Home Construction and Safety Standards. Further definitions and clarifications are found in The State of North Carolina Regulations for Manufactured Homes.

   r.   RV SITE. A campsite within a recreational park specifically designed for placement of a recreational vehicle or recreational camper trailer.

   s.   SEWER HOOKUP. A place where sewer can be discharged as it is generated from a recreational vehicle or recreational camper trailer while it is set up in a recreational park.

   t.   SETBACK. The distance a campsite or other campground facility is situated next to the campground perimeter property line.

   u.   TENT SITE. A campsite within a recreational park specifically designed for placement of a tent or other non-vehicle sleeping apparatus.

   v.   WATER HOOKUP. The domestic water supply to a recreational vehicle while it is set up in a RV site.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   General procedure and applicants’ responsibilities. The following general description of the recreational park approval procedures are intended to aid the users of this section and those persons desiring to develop a recreational park in the Newport zoning jurisdiction in understanding the basic procedures, sequence of events and responsibilities of the applicant in obtaining final approval of the project.

   a.   Applicant contacts the Town Planning Department, 200 Howard Boulevard, Newport, North Carolina 28570, arranges a pre-submission conference with the Town Planner or Zoning Administrator.

   b.   The applicant should provide a sketch plan for discussion. The applicant learns what the concerns and recommendations of the local officials are.

   c.   The applicant completes an application and has a surveyed site plan, landscape plan, storm water plan prepared.

   d.   The applicant submits the special use permit application along with the filing fee. (See the Fee Schedule.)

   e.   The Planning Department assists the applicant with the application and makes recommendations as to his or her interpretation of the process and design standards. The Planning Department routes the application to any and all other appropriate departments for their comments prior to the Zoning Board of Adjustment (hereinafter “Board”) meeting.

   f.   The Town Engineer may need to get involved if there are drainage or environmental issues. The applicant will be charged for any engineering review fees.

   g.   The Town Planner will arrange for a meeting with the Board. The Town Planner needs the complete application at least 30 days prior to the meeting in order to notify other property owners and give notice to the news media of the proposed development as required by other sections of the Zoning Ordinance.

   h.   If the Board approves the site plan, the applicant files it with the Town Planner and begins construction of the park.

   i.   The developer (owner) must have approved environmental permits in hand and obtain any required building permits (for buildings, electrical and the like), prior to commencing work.

   j.   Upon completion and approval of construction, the Town Planner and Building Inspector will issue a certificate of occupancy which authorizes the park to open for business.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Recreational park applications shall be accompanied by a site plan prepared by an architect, engineer or land surveyor Each application shall contain, at the minimum, the following information:

   a.   The title and location of the proposed park, together with the names, address and telephone numbers of the record owner(s) of the land and of the applicant, and, if applicable, the name, address and phone numbers of any architect, planner, surveyor, designer or persons responsible for the preparation of the site plan and application and any authorized agent representing the applicant;

   b.   The proposed use of the land and buildings;

   c.   Site plan drawing to a scale not less than one inch to 200 feet, which shall show:

      1.   The location of all existing and proposed buildings, fences, culverts, bridges, roads and any other structures of significance;

      2.   The boundaries of the property to be developed;

      3.   All area, if any, to be preserved as buffers or dedicated to a public or private use for open space or public use;

      4.   All existing and proposed easements;

      5.   The existing and proposed water and sewer lines;

      6.   All means of vehicle and pedestrian ingress and egress to and from the site and the size, location and direction of flow of driveways, streets and roads, to include radii and curvature of proposed routes;

      7.   The location and direction of all drainage, streams, rivers and storm water channels or ponds; and

      8.   If required by the Town Engineer or Town Planner, any other information that may be pertinent to the design of the site.

   d.   The existing zoning district of the proposed development and any other zoning district within 300 feet of the site;

   e.   Fire district in which the site is located;

   f.   Where needed to enhance aesthetics, ensure public safety, and protect neighboring property, the park shall be enclosed by a fence, wall landscape screening or other designs approved by the Administrator which will complement the landscaping and assure compatibility with the adjacent land. In such cases, landscaping plans shall describe the type, height and location of proposed screens or fences; and

   g.   Filing fees will be established by the Town Council.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Upon receipt of the complete application and site plan, the Zoning Administrator shall assign a case number and, where a special use permit is required from the Board, forward copies to the Secretary to the Board who will arrange for the meeting with the Board. Other departments of the town and outside agencies as applicable will be notified of the proposal and given opportunities for comments. The Board will not ordinarily get involved with detailed design review except for unusual circumstances such as approving variances from the development standards (§ 9-5.8). Rather, the Board will approve or disapprove the appropriateness of the neighborhood location, will determine whether the application satisfies the requirements for a special use permit, and impose any other requirements it deems appropriate to protect the neighborhood, adjacent property, safety or any other concern. Upon Board approval of the application for the special use permit, the Town Planner will review the detailed design and assure that it substantially agrees with the minimum requirements as stated herein, at which time a certificate of occupancy will be issued to the operator of the facility.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The development of the recreational park shall conform to the approved special use permit and its conditions and requirements, and the site plan as approved. Any development, use or density which fails to substantially conform to the special use permit and its conditions and requirements as approved shall constitute a violation of this ordinance. The Zoning Administrator may approve minor alterations if in his or her opinion the alterations do not substantially alter the original plan. When the Zoning Administrator determines that the proposed alterations are of a substantial nature, the developer shall submit a new application to be processed in accordance with this ordinance.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   When the recreational park has been brought into compliance with the approved plan, the Zoning Administrator shall issue a permit to operate. The permit may be revoked by the Board for any substantial violation of permits during a public meeting of the Board and after the owner has been given at least 24 hours’ notice of the pending action. The Board may issue a provisional permit to operate while the owner is exercising due diligence in an effort to come into compliance with any requirements of the Board.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The Zoning Administrator or Building Inspector may make periodic inspections to verify that the park is in compliance with all original or amended permits. The Zoning Administrator or Building Inspector may make any unannounced inspections as deemed necessary to assure compliance, investigate complaints or investigate suspected undesirable conditions.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   General. Recreational parks shall be permitted only where allowed by zoning classification. Variances shall not be given contrary to this section. Parks shall not be permitted in any area found unsuitable for such development because of poor or undesirable drainage, physical topography, soil characteristics, public access or other features that may be harmful to the public health, safety and general welfare.

   b.   Full-time camping. As a general rule, there will be no full-time camping within an RV park except for the host and co-host. The purpose of the host occupant shall be general supervision, to collect money and other duties associated with day to day activities of the park. The maximum stay of any guest or camping equipment shall be 14 consecutive calendar days. All camp sites shall be kept in a clean, uncluttered condition at all times. A period of not less than five days shall lapse before the guest RV, recreational camper trailer or tent can return to the recreational park. It shall be the responsibility of the park owner or host to keep records of such activity and present them to the Zoning Administrator, Building Inspector or law enforcement officer on demand.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Size. The maximum size of any recreational park may be determined by the Board of Adjustment on a case by case basis.

   b.   Density. Density of the recreational park shall not exceed that which can be accommodated by the site. A minimum of 8% of the gross site area shall be set aside and/or developed as common use areas for open or enclosed recreational facilities. (Common areas do not include campsites, roads, buildings and permanent structures.)

   c.   Layout. The general layout and requirements shall be in accordance with the following.

      1.   Setbacks shall observe the applicable zoning district requirements pertaining to setbacks from property lines and public roads. Additional setbacks and fencing may be required where a landscaped buffer is to protect public safety, neighboring property or aesthetics.

      2.   Areas designated as camp sites shall be separated from adjoining camp sites or interior park streets by a minimum of ten feet.

      3.   Each camp site shall be provided with a camp fire containment system, charcoal or wood burning grill, a metal or wood type lantern hook pole and a durable picnic table with seating for a minimum of six persons.

      4.   Each camp site shall be large enough to accommodate the RV or recreational camper trailer with its awning extended and to provide at least 16 linear feet open area to the adjacent camp site.

   d.   Road systems. The road system shall be designed to meet the requirements of the traveling public to include the following.

      1.   Recreational parks shall have access to an improved public road.

      2.   All park roads, access driveways, parking spaces and camp sites shall have an adequate base, grading and surface to facilitate drainage and to reduce dust. Cinder, gravel or a comparable non-dust contributing material shall be used to provide an all weather surface.

      3.   One way interior roads shall not be less than 12 feet wide. Two way interior roads shall not be less than 22 feet wide.

      4.   Turns shall be adequately designed for recreational traffic.

      5.   RV sites shall be designed to allow easy parking and access of RVs.

   e.   Parking. Parking spaces are necessary and required in addition to camp sites. The following shall apply.

      1.   Off-road parking spaces shall be a minimum ten feet by 20 feet in size.

      2.   Each camp site shall have a minimum of one off-road parking space.

      3.   The recreational park and its associated office shall have a minimum of the following additional off-road parking area:

         (a)   Eight hundred square feet for registration; and

         (b)   One space per employee.

   f.   Sewer disposal and water supply. All full service recreational parks shall discharge sewer into a sewer system and have a public water system both approved by the town and/or the County Environmental Health Department as appropriate.

      1.   Each recreational park which has 25 or more RV sites shall have adequate and conveniently located sewer dumping stations designed and developed to standards established by the town or County Environmental Health Department as appropriate.

      2.   For recreational parks catering to tent camping and/or dependent RVs, utility buildings providing separate toilets and showers for each sex shall be provided at convenient intervals throughout the park. The use of anything other than conventional toilet facilities, such as privies, shall be approved by the Board and the County Environmental Health Department. Where RV sites are not provided with individual sewer connections, utility (bath houses) shall be provided within 800 feet of those spaces.

      3.   Bath house facilities shall be provided in accordance with the North Carolina Building Code as amended. In the absence of a minimum facility requirement in the Code, the minimum number of facilities shall be provided in accordance with the following chart:

 

 

 

 

 

 

 

 

      4.   Bath houses may be disbursed throughout the park in order to satisfy the 800-feet distance from camp sites and the total numbers of facilities within the house may be divided among the houses so long as the ratios of persons to facilities are maintained. However, each bath house must have at least one male and one female accessible facility separated from each other.

      5.   The bath houses shall be constructed as an emergency shelter for severe weather such as thunderstorms and tornadoes. They can be constructed out of heavy timber or re-enforced masonry. The total net open floor area for persons to congregate shall be a minimum of 500 square feet. The Town Building Inspector may require the bath house to be designed by an architect or engineer when he or she is unable to ascertain that the proposed building design meets these standards. When such a facility is constructed, a clear and legible sign shall be posted in a conspicuous place to advise the camping public of the place of refuge.

      6.   Handicap facilities will be designed and provided in accordance with North Carolina Building Code.

      7.   Areas of the park catering only to independent self-contained units shall provide for each sex, at least one toilet, hand washing sink and shower.

      8.   Water service risers shall be protected from freezing and shall not be located in such a manner as to be contaminated by sewage. Sewer risers shall be capped when not in use and be so constructed so as to prevent entrance of storm water.

   g.   Solid waste. The storage, collection and disposal of solid waste in the recreational park shall be the responsibility of the park owner and conform with the minimum standards set forth by the Town of Newport and the County Environmental Health Department. Approved solid waste containers shall be located not more than 200 feet from any camp site.

   h.   Electrical and other hookups. Electrical hookups may be provided to each camp site. Other services, such as TV cable, may be permitted and installed in accordance with the Building Code.

   i.   Miscellaneous general. The entire recreational park shall be designed and laid out as a planned unit to ensure continuity. These standards are not intended to be all inclusive, but are minimum requirements. Alternate designs are encouraged to meet the intent of well organized recreational parks.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   No domestic animals or pets shall be allowed to run at large.

   b.   The owner or a responsible host or co-host shall be in charge at all times. The owner or host’s phone number and any other emergency phone numbers shall be posted.

   c.   In any park containing 50 or more camp sites, a host or co-host shall be available on-site at all times that the park is occupied and shall have the authority to mitigate emergency situations. For parks of less than 50 camp sites that do not have an on-site full-time host, there shall be installed a working emergency phone that will dial 911. The phone shall be installed in an easily accessible area.

   d.   There shall be a 10:00 p.m. to 6:00 a.m. noise curfew within the park. The noise curfew is intended to deter and allow the host to mitigate loud music, parties, noisy generators and the like.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   TALL STRUCTURES are defined as but not limited to: steeples; towers; smoke chimneys; wind activated devices; wind energy facilities; high rise buildings, etc., that exceed 70 feet above grade.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   No person shall undertake construction, operation or expansion activities associated with a wind energy facility, hereafter referred to as (WEF), without first obtaining a special use permit from the town.

   b.   Before applying to the town for a permit pertaining to a WEF, the applicant shall submit an application and obtain a permit in accordance with G.S. Ch. 143, Art. 21C, as amended. The requirements herein are in addition to G.S. Ch. 143, Art. 21C.

   c.   The applicant to the town shall include a copy of all permit application information, reports and studies, required in § 9-6.1b. above as a part of the WEF application to the Town of Newport.

   Note

      A small system WEF (not to exceed 70 feet in height) is considered to be an accessory use and is not regulated under this section. Small systems may be subject to other sections of this ordinance. A small system is one further described as one where the name plate electrical rating does not exceed 25 kilowatts (kW) per turbine. Only one such unit shall be installed on a parcel of land associated with a house, or other establishment that does not have its primary purpose the production of electricity for, or selling electricity back to, the public grid in order to be to be considered an accessory use, small system.

   d.   Location of WEF.

      1.   All WEFs covered under this part shall be allowed only within a land use zone permitting the facility listed in Article VII of this ordinance.

      2.   A tall structure temporarily erected solely for the purpose of scientific data collection at the proposed site will not require approval of a WEF application. A building permit shall be require for such structure. Each temporary structure shall comply with the dimensional requirements of this article and any other applicable ordinances, and if it exceeds 200 feet above grade, shall comply with FAA height requirements. A copy of the FAA determination report as a result of filing FAA Form 7460-1, Notice of Proposed Construction or Alteration of an object that may affect a navigable airspace shall be submitted with a building permit application for the structure. The temporary structure may not display any advertising signs, may not be illuminated except as required by the FAA or Department of Defense, and must be removed no later than two years of the date of its certificate of completion.

   Example: Utility-Scale Wind Energy Facility (WEF)

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.    Pre-application requirements.

      1.   Before a WEF building permit may be submitted, the applicant must first consult with the Planning Department and review all requirements of the project for consistency with this ordinance.

      2.   The applicant shall first submit a “sketch plan” to illustrate and discuss the proposed WEF.

      3.   The Planning Department may, with authority of Town Manager, seek expert consultation and assistance with reviewing the permit application.

   b.   Formal application. The applicant, owner and all successors shall be responsible for full compliance with the provisions contained within the special use permit issued herein.

      1.   Any application submitted hereunder shall contain appropriate confirmation of compliance with all federal, state and local statutes, rules and ordinances, and shall contain all other permits required to be issued by any other governmental body having jurisdiction thereof. Any application submitted hereunder shall be forwarded to the Commanding Officer, Marine Corps Air Station Cherry Point, in order to provide for review and comment concerning any possible impacts on the operations and mission of Marine Corps Air Station Cherry Point, and no application submitted shall be deemed complete until such time as said review is completed and such written comments are received.

      2.   Should there be a conflict with other regulations or requirements as amended from time to time, the stricter regulation will apply.

   c.   Application and administrative fees.

      When the Planning Department determines that the requirements herein are satisfied, The applicant may submit the formal application along with all financial requirements and fees.

      The Planning Director or designee shall submit the required documents to the Chairperson of the Zoning Board of Adjustment so that meetings can be scheduled for their review and consideration.

      1.   The applicant shall pay for any and all cost associated with the evaluation of the plans for the proposed facility. See paragraph d. below.

      2.   Special use permit, plans review fee. $1,000 (non-refundable).

      3.   Building permits fees for construction of any and all buildings, structures including the WEF. $3 per $1,000 construction cost.

   d.   Escrow account.

      1.   The applicant shall establish an escrow account under the following procedures.

      2.   This escrow account will be setup by the applicant. This escrow account will be at a financial institution approved by the town, solely in the name of the town, to be managed by the Town Treasurer. The applicant will make an initial deposit of $50,000. Failure to provide notice and proof of deposit to the town escrow account shall cause the application to be deemed insufficient.

      3.   Any interest accruing to the escrow account shall stay with the account and be considered new principle.

      4.   If the WEF application is denied, all escrow account funds will be returned to the applicant, less related expenses incurred by the town. The money will be returned, along with a statement as to these costs, within 30 days of the application being formally denied.

      5.   This escrow account will be maintained during the life of the WEF by the applicant/owner/operator. The applicant/owner/operator will replenish any escrow funds used by the town within 14 days of being sent written notification (and explanation) of said withdrawals. Failure to maintain the escrow account at $50,000, shall be cause for revocation (or denial of renewal) of the WEF conditional use permit.

      6.   The applicant shall reimburse the town for all incurred oversight costs related to the WEF. These expenses include, but are not limited to, amounts required for building permits and through overseeing decommissioning including, but limited to, e.g. administration, engineering, expert health and wildlife impact evaluations, handling complaints, etc. This reimbursement will be from the escrow account.

      7.   If the WEF facility is decommissioned to the satisfaction of the town, all escrow funds will be returned to the applicant/owner/operator, less related expenses incurred by the town. The money will be returned, along with a statement as to these costs, within 30 days of the decommissioning process being completed.

   e.   The Planning Director or designee shall review the application with the applicant for requirements and information required in this ordinance. The review and special use permit process shall proceed as provided in Article I, § 1-14 of this article once the application is found to be complete.

   f.   Zoning Board of Adjustment actions.

      1.   After receipt of the permit application shall set a date and time for a public hearing as set forth in Article I of this ordinance;

      2.   At the conclusion of the public hearing on the matter, the Board of Adjustment may:

         a.   Defer deliberation or consideration of the matter until another meeting to seek further guidance, legal counsel, etc.; or

         b.   Deliberate and/or consider the matter at that meeting.

      3.   The Board shall review the application with the applicant regards to compliance with zoning regulations, compatibility with the neighborhood, the health, safety, economic aspect and environmental impact on nearby areas. The Board after making finding(s) of fact may:

         (a)   Deny the application;

         (b)   Approve the application; or

         (c)   Approve the application with modifications and/or make any other determination that would be in the best interest of the town.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Wind energy facility setback. WEF shall be setback from non-participating property lines, federal highway, state highway and/or public road for at least 5,000 feet and have a maximum height above highest adjacent grade of 275 feet.

   Note

      1.   Setback shall be measured from its outermost extension (whether blade tip, nacelle/turbine housing, or tower/pole edge) that is nearest the subject property line adjacent to private property, public or private right-of-way. There is a setback of 1,000 feet from the Croatan National Forest, so as to minimize the adverse effect of catastrophic failure from debris and fire hazard to the forest.

      2.   No portion of any wind turbine blade shall be closer than 25 feet from any part of the ground that surrounds any WEF.

   b.   North Carolina Building Code requirements. All structures within and associated with the WEF shall be designed and constructed to comply with the North Carolina Building Code(s) to include certification of compliance by a registered professional engineer that the facility is designed and will be installed to meet the minimum wind design of 130 mph.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Note

   Environmental issues associated with shadow flicker, blade glint, catastrophic tower, turbine or blade failure or fire are perceived not to be a significant concern so long as the setback requirements required herein are adhered to.

   a.   Noise. No WEF or its generators, equipment or apparatus shall produce noise above 35 decibels (dba) for more than five times within seven consecutive days as measured at any property line of non-participating landowners, the applicant and/or owner shall shut down the WEF within one business day of being informed to do so by the Town Planning Director or designee. The facility shall remain shut down until it can be demonstrated to the satisfaction of the Planning Director or designee that the facility can be operated so as to not exceed 35 decibels (dba) as measured at any non- participating property line.

   b.   Decommissioning or abandonment. Separate and apart from the escrow account requirement herein, the owner/operator or his, her or its successors shall provide surety for the guarantee of decommissioning, removal of the facilities and restoring the property back to an acceptable condition after removal:

      1.   Should the owner/operator decide to decommission any turbine, he, she or it shall send written notification to the town, within 30 days of making such a decision;

      2.   If any turbine does not produce electricity for 180 consecutive days, said turbine is automatically considered to be decommissioned. It is the responsibility of the owner/operator to inform the town when such a situation arises. The owner/operator may appeal that determination to the Board of Adjustment;

      3.   Absent any waver by the Board of Adjustment, the decommissioning process will start for any decommissioned turbine, within 120 days of it being decommissioned; and

      4.   Any violation of the decommissioning procedure for any individual turbine will result in the loss of the special use permit for the WEF, until the Board of Adjustment determines that the owner/operator is in compliance.

   c.   Surety for decommissioning of WEFs.

      1.   The applicant shall place with the town an acceptable letter-of-credit, bond or other form of security that is sufficient to cover the cost of removal and restoration at the end of the WEF’s useful life.

      2.   Such surety shall be at least $500,000 for each wind turbine and $75,000 for each associated building.

      3.   The surety shall be used by the town to assure faithful performance of the terms and conditions of the permit, as well as to serve as a surety to prevent the taxpayers from bearing the cost of removal and restoration in the event of the abandonment or cessation of use.

      4.   The full amount of surety shall remain in full force and effect until any and all necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the WEF, as determined by the Town Planning Department.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The holder of a permit for a large or utility WEF shall secure and maintain for the duration of the permit, public liability insurance, as follows.

      1.   Commercial general liability covering personal injuries, death and property damage with $1,000,000 per occurrence, $2,000,000 aggregate, which shall specifically include the town and its officers, Councils, employees, committee members, attorneys, agents and consultants as additional named insureds. The developer shall indemnify the town against any claims made against it arising from the operation, maintenance and/or decommissioning of the WEF.

      2.   The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best’s rating of “A”.

         a.   The insurance policies shall contain an endorsement obligating the insurance company to furnish the town with at least 30 days’ prior written notice in advance of a cancellation.

         b.   Renewal or replacement policies or certificates shall be delivered to the town at least 15 days before the expiration of insurance that such policies are to renew or replace.

         c.   No more than 15 days after the grant of the permit and before construction is initiated, the permit holder shall deliver to the town a copy of each of the policies or certificates representing the insurance in the required amounts.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   The WEF owner (applicant) or his, her or its successor shall assure the Town of Newport that there will be no loss in real property value due to the WEF.

   b.   To legally support this claim, the applicant shall hereby consent to this real property value protection agreement (“agreement”). This agreement provides assurance to nonparticipating real property owners near the WEF (not lessors to the applicant), that they have some protections from real property values losses due to the WEF.

   c.   The applicant guarantees that the property values of all real property partially or fully within two miles of the WEF, will not be adversely affected by the WEF. The two miles shall be within the town zoning and planning jurisdiction. Any real property owner(s) included in that area who believe that their property may have been devalued due to the WEF, may elect to exercise the following option.

   d.   All appraiser costs are paid by the applicant from the escrow account. The applicant and the property owner shall each select a licensed appraiser. Each appraiser shall provide a detailed written explanation of the reduction in value to the real property (“diminution value”), if any, caused by the proximity to the WEF. This shall be determined by calculating the difference between the current fair market value of the real property (assuming no WEF was proposed or constructed), and the fair market value at the time of exercising this option.

      1.   If the higher of the diminution valuations submitted is equal to or less than 25% more than the other, the two values shall be averaged (“average diminution value”: ADV).

      2.   If one of the diminution valuations submitted is more than 25% higher than the other, then the two appraisers will select a third licensed appraiser who shall present to the applicant and property owner a written appraisal report as to the diminution value for the real property. The parties agree that the resulting average of the two highest diminution valuations shall constitute the ADV.

      3.   In either case, the property owner may elect to receive payment from the WEF owner of the ADV. The applicant is required to make this payment within 60 days of receiving said written election from property owner, to have such payment made.

   e.   Other agreement conditions.

      1.   If a property owner wants to exercise this option, he, she or it must do so within ten years of the WEF receiving final approval from the town.

      2.   A property owner may elect to exercise this option only once.

      3.   The applicant and the property owner may accept mutually agreeable modifications of this agreement, however, the applicant is not allowed to put other conditions on a financial settlement (e.g., confidentiality). If the property owner accepts some payment for property value loss, based on an alternative method, then that is considered an exercise of this option.

      4.   This agreement applies to the property owner of record as of the first notification of intent to apply for a WEF permit by the applicant to DENR, as required by HB-484, is not transferable to subsequent property owners.

      5.   The property owner of record as of the first notification of intent to apply for a WEF permit by the applicant to DENR, as required by HB-484, must reasonably maintain the property from that time, until he, she or it chooses to elect this option.

      6.   The property owner must permit access to the property by the appraisers, as needed to perform the appraisals.

      7.   The property owner must inform the appraisers of all known defects of the property as may be required by law, as well as all consequential modifications or changes to the property subsequent to the first notification of intent to apply for a WEF permit by the applicant to DENR, as required by HB-484.

      8.   This agreement will be guaranteed by the applicant (and all its successors and assigns), for ten years following the WEF receiving final approval from the town, by providing a bond (or other surety), in an amount determined to be acceptable by the town.

      9.   Payment by the applicant (per § 9-6.1(e)d.3.) not made within 60 days will accrue an interest penalty. This will be 12% annually, from the date of the written election from the property owner.

      10.   For any litigation regarding this matter, all reasonable legal fees and court costs will be paid by the applicant.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   All WEFs shall be located, fenced or otherwise secured so as to prevent unauthorized access.

   b.   WEF shall be installed in such a manner that it is readily accessible only to persons authorized to operate or service it.

   c.   The WEF shall be made accessible to the Newport Fire and Rescue Squad by providing an entry key box or other suitable emergency entry system on a 24/7 basis. The emergency entry system shall be approved by the Newport Fire Official.

   d.   Whenever construction or maintenance is being conducted at the WEF, the owner/operator shall assure that properly trained and equipped personnel are on site to perform rescue and emergency aid to anyone working within the facility.

   e.   In order for the Newport Fire and Rescue Squad to provide emergency aid for rescue and/or fire to the WEF, the owner/operator shall offer semi-annual training to the Fire and Rescue Squad at no cost to the town. If any special equipment is needed for the Fire and Rescue Squad to provide reasonable service to the WEF, the owner/operator of the WEF shall provide such equipment and training for its use at no cost to the town. The Newport Fire Chief may elect to coordinate with the Carteret County Emergency Manager to have other fire and rescue units join in with the training.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   In order to verify that the holder of a permit for a WEF and any and all subsequent owners or operators, have placed and constructed such facility in accordance with all applicable technical, safety, fire, Building and Zoning Codes, laws, ordinances and regulations and other applicable requirements, the town may inspect all facets of said permit holder, owners, operators construction, modification, and maintenance of such facilities, including all other owner’s, operator’s structures and facilities constructed or located on the site.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Wireless telecommunication services development shall be subject to the requirements of this section.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Except as otherwise provided for as permitted uses in other sections of this ordinance, WTS development shall be subject to Board of Adjustment review/approval. Site plans shall be submitted in accordance with Board of Adjustment rules.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   As a general rule, there is no height limit for towers unless the construction falls within the Federal Aviation Administration (FAA) 14 C.F.R. Part 77 obstructions to navigation rules which is briefly stated herein.

   b.   The following circumstances shall be filed with the FAA, Form 7460-1, Notice of Proposed Construction or Alteration at least 45 days prior to the proposed construction or alteration and prior to filing for a building permit or special use permit with the town. The applicant should refer to the full FAA 14 C.F.R. Part 77 for any other requirements prior to the application submittal:

      1.   Any proposed construction or alteration that is more than 200 feet AGL at its site:

      2.   Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes:

         (a)   One hundred to one for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport in paragraph b. of this section with its longest runway more than 3,200 feet in actual length, excluding heliports;

         (b)   Fifty to one for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport described in paragraph b. of this section with its longest runway no more than 3,200 feet in actual length, excluding heliports; and

         (c)   Twenty-five to one for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph b. of this section:

            a.   Any highway, railroad or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet from an interstate highway that is part of the National System of Military and Interstate Highways where over crossings are designed for a minimum of 17 feet vehicle distance, 15 feet from any other public roadway, ten feet or the height of the highest mobile object that would normally transverse the road, whichever is greater, for a private road 23 feet from a railroad, and for a waterway or other traverse way not previously mentioned, any amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph 1. or 2. of this section; and

            b.   Any construction or alteration on any of the following airports or heliports:

               (1)   A public use airport listed in the airport/facility directory;

               (2)   A military airport under construction, or an airport under construction that will be available for public use;

               (3)   An airport operated by a federal agency or the DOD; and

               (4)   An airport or heliport with at least one FAA-approved instrument approach procedure.

   c.   You do not need to file notice for construction or alteration of:

      (1)   Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in congested area of a city, town or settlement where the shielded structure will not adversely affect safety in air navigation;

      (2)   Any air navigation facility, airport visual approach or landing aid, aircraft arresting device or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose;

      (3)   Any construction or alteration for which is required by any other FAA regulation; and

      (4)   Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.

   d.   The Inspections Department, or Board of Adjustment as appropriate, after reviewing comments from the FAA and the officials of any affected airport, may review and act on the application for the building permit.

   e.   If any adverse comments are received from a federal, state or local agency, the permit application shall be denied or modified as appropriate to the extent necessary of mitigating the adverse condition.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   All new developed pursuant to § 9-7.2 shall observe the following setbacks.

   a.   All WTS towers shall meet the minimum principal building setback for the district in which located.

   b.   All accessory equipment structures shall meet the accessory building and structures setback requirements of the district in which located.

   c.   Where the WTS development adjoins a residential district, the tower and other structures shall honor the setback requirement of the adjacent residential district.

   d.   For towers that have design collapse points, setbacks shall be required for the collapse zone of the structure.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   WTS development may be required to have an eight foot fence capable of preventing unauthorized entry.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   WTS development shall comply with the buffer and screening requirement of Article XII.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   No wireless telecommunication tower or antenna shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, day-time strobes or steady night time light or other illumination devices, except as required by the Federal Aviation Administration and/or the Federal Communications Commission. This restriction against lights shall not apply to towers which have been combined with light standards for illumination of ball fields, parking lots, playgrounds or other similar uses.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The use of any portion of a tower for signs or advertising, other than required signs, shall be prohibited. Billboards and off-premise business signs, including digital billboards, are not permitted within the jurisdiction of the town.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014; Ord. 2023-02, passed 6-8-2023)

   a.   Any WTS tower and/or antenna including those existing on the effective date of this ordinance that is not used for one year shall be deemed abandoned and the property owner shall remove the tower and/or antennas. If the property owner fails to remove the tower, system and/or antenna after the time prescribed, it may be removed by the town in accordance with the North Carolina General Statutes dealing with abandoned structures. The costs of such removal shall be collected as prescribed by the state statutes dealing with abandoned structures. Damaged towers or towers otherwise deemed by the Building Inspector to be dangerous or hazardous to persons or property shall be immediately repaired or removed.

   b.   The Board of Adjustment may extend the time for removal where the owner can show cause not to declare the structure abandoned, such as, if the owner is actively seeking additional customers or systems to be installed at the site.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The following WTS development shall not require Board of Adjustment consideration. Development standards as depicted in § 9-7.2 shall apply where appropriate. Review/approval shall be subject to the administrative review and approval by the Zoning Administrator and staff:

   a.   WTS antenna co-located on an existing WTS tower;

   b.   WTS antenna located on an existing utility pole, transmission tower, water tank, utility power poles or similar utility structure whether or not they serve a different purpose within all zoning districts;

   c.   WTS antenna, towers and/or facilities located in an RO, CD, CH, LI or IW Zoning District; and

   d.   G.S. § 160A-383.3 requires reasonable accommodation of amateur radio antenna. The following wireless communication activities are exempt from zoning approval: amateur radio; citizens band (CB); Mars radio; Civil Air Patrol towers and antennas except those that fall under the requirements of § 9-7.2 Development Standards.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   These provisions shall apply to long-term or permanent facilities.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Purpose. The purpose of these regulations is to provide for safe and orderly development of miniature golf courses in the town.

   b.   Driveways. The location and design of driveways shall be reviewed and approved by the Planning Department to assure their safety.

   c.   Setbacks. All waiting and play areas shall be setback a minimum distance of 40 feet from the principal street.

   d.   Lighting. No lighting shall be permitted to shine on any adjacent property or street. A lighting plan prepared by an engineer or electrical utility company shall be submitted to the Planning Department for review and approval.

   e.   Loudspeakers. If located within 100 feet of a residential zone, must be off after 10:00 p.m.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Amusement parks and rides not limited to the following: go cart and similar small scale vehicles and racing; and water slides.

   a.   Town staff review and recommendations will be considered by the Board of Adjustment in its determination and approval or disapproval of the project.

   b.   In granting a special use permit, the Board of Adjustment may impose such reasonable and additional stipulations, conditions or safeguards and may consider items in § 9-8.1 as, in its judgment, will enhance the siting of the proposed project.

   c.   The special use will comply with all other applicable development standards found elsewhere in the Zoning Ordinance.

   d.   The special use will be in substantial harmony with the area in which it is to be located.

   e.   The special use will not be injurious to adjoining property.

   f.   The special use will contribute to the economic vitality and promote the general welfare of the community.

   g.   The special use will not discourage or negate the use of surrounding property for use(s) permitted by right.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Large scale recreation facilities may consist of, but are not limited to, theme parks, vehicle race tracks, arenas, stadiums and facilities for car or boat shows and the like. These facilities may be indoors or out of doors.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   Also known as photovoltaic (PV) panels or solar collectors, hereafter referred to as “SFF”, are permitted as a special use permit for systems that generate more than 15 kilowatts of direct current (DC) electrical energy for the primary purpose of supplying the utility grid.

   Note

      1.   Refer to Article VIII of this ordinance for systems that generate less than 15 kilowatts of electrical energy or is not for the primary purpose of supplying the utility power grid.

      2.   SFFs or the like that produce hot water, electricity or other energy for no more than one single- or two-family residential dwellings, business use if considered accessory uses, are not regulated under this section.

   b.   The Board of Adjustment, when considering special use permitting shall act favorably only requests for systems allowed as special uses within zoning districts permitting such systems in Article VII of this ordinance.

   Example: Solar Farm Facility (SFF)

   c.   The applicant, owner and successors shall be responsible for full compliance with the provisions of this section and any other permit requirements contained within the special use permit issued herein.

   d.   Application requirements and administrative fees.

      1.   The applicant shall review the project requirements with the Newport Planning and Inspections Department for compliance with the requirements of this ordinance;

      2.   The written application shall at a minimum contain all information required by this ordinance, along with:

         i.   Name and address of owner;

         ii.   Site plan to scale, showing the planned locations of all structures, fencing, gates, vegetative buffering, security lighting and any other detail required; and

         iii.   Payment of the application fee.

      3.   The applicant shall pay for any and all cost associated with the evaluation of the plans for the proposed facility;

      4.   Special use permit, plans review fee: $500 (non-refundable); and

      5.   Building permits fees for construction of any and all buildings, structures including the SFF is $3 per $1,000 construction cost.

   e.   Escrow account.

      1.   The applicant shall establish an escrow account under the following procedures.

      2.   This escrow account will be setup by the applicant at the time of the SFF permit application. This escrow account will be at a financial institution approved by the town, solely in the name of the town, to be managed by the Town Treasurer. The applicant will make an initial deposit of $10,000. Failure to provide notice and proof of deposit to the town escrow account shall cause the application to be deemed insufficient.

      3.   Any interest accruing to the escrow account shall stay with the account and be considered new principle.

      4.   If the SFF application is denied, all escrow account funds will be returned to the applicant, less related expenses incurred by the town. The money will be returned, along with a statement as to these costs, within 30 days of the application being formally denied.

      5.   This escrow account will be maintained during the life of the SFF by the applicant/owner/operator. The applicant/owner/operator will replenish any escrow funds used by the town within 14 days of being sent written notification (and explanation) of said withdrawals. Failure to maintain the escrow account at $10,000, shall be cause for revocation (or denial of renewal) of the SFF special use permit.

      6.   The applicant shall reimburse the town for all town-incurred costs related to the SFF. These expenses include, but are not limited to, amounts required for administrative, engineering, expert consulting, handling complaints, building permits and overseeing decommissioning. This reimbursement will be from the escrow account.

      7.   If the SFF facility is decommissioned to the satisfaction of the town, all escrow funds will be returned to the applicant/owner/operator, less related expenses incurred by the town. The money will be returned, along with a statement as to these costs, within 30 days of the decommissioning process being completed.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   The following development standards are considered minimum requirements to be considered for approval. The Board may impose further requirements deemed to be appropriate for the neighborhood or area to be served.

   a.   All SFF sites shall be fenced around the exterior of the solar farm with an opaque or semi- opaque fence of earth tone colors which shall be at least six feet in height and shall additionally have at least three strands of barbed wire run above such six feet.

   b.   All fences shall be constructed so as to substantially lessen the likelihood of entry into a solar farm by unauthorized individuals.

   c.   The fencing and barbed wire required herein shall be maintained in good condition. Failure to maintain the fencing and barbed wire required hereunder shall constitute a violation of this ordinance.

   d.   The fencing and barbed wire requirements herein shall continue notwithstanding the fact that a SFF is no longer operational and/or falls into disuse unless and until the SFF is dismantled and removed from the parcel or parcels of land upon which it was constructed.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   a.   All gates to fences shall be at least six feet high and shall have at least three strands of barbed wire run along the top and be provided with locks which shall remain locked at all times when the SFF is not occupied or monitored by the owner or operator.

   b.   Facilities shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

   c.   The facilities shall be made accessible to the Newport Fire and Rescue Squad by providing an entry key box or other suitable emergency entry system on a 24/7 basis. The emergency entry system shall be approved by the Newport Fire Official.

   d.   Whenever construction or maintenance is being conducted at the SFF, the owner/operator shall assure that properly trained and equipped personnel are on site to perform rescue and emergency aid to anyone working within the facility.

   e.   In order for the Newport Fire and Rescue Squad to provide emergency aid for rescue and/or fire to the SFF, the owner/operator shall offer semi-annual training to the Fire and Rescue Squad at no cost to the town. If any special equipment is needed for the Fire and Rescue Squad to provide reasonable service to the SFF, the owner/operator of the SFF shall provide such equipment and training for its use at no cost to the town. The Newport Fire Chief may elect to coordinate with the Carteret County Emergency Manager to have other fire and rescue units join in with the training.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   Every SFF shall be setback at least 50 feet from all nonparticipating property lines and the high water mark of navigable stream.

   a.   Setbacks shall be measured from the interior of the fencing and gates which surround the perimeter of the equipment and structures.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)

   A continuous evergreen vegetative buffer shall be present and maintained at all times along the outside of the perimeter of the fencing. The fence shall be located along the area adjacent to any residential developed property or property that is or can be developed as residential, along any road between the SFF and residential property or any other non-compatible property as determined by the Board.

   a.   The buffering and design and operation of the solar equipment shall be installed and operated in such a manner as not to cause “solar reflections” and/or other nuisances to adjacent or nearby non-participating property.

   b.   The vegetative buffer “shrubbery” when planted shall be at a minimum of four feet in height and 32 inches wide across the bottom and planted no more than six feet apart on center. The plants shall be of a species that will be expected to mature to a minimum of six feet in height within 36 months of planting. Each plant shall be of the evergreen species. There shall be established at least one “over story” tree every 33 feet along the buffer line. Natural forest or vegetation may be used to satisfy this requirement. The entire vegetative buffer shall be maintained at a minimum of 75% opacity.

   c.   The vegetative buffer requirements shall comply with Article XII of this ordinance as modified herein. The buffer shall continue notwithstanding the fact that the SFF is no longer operational and/or falls into disuse unless and until such SFF is dismantled and removed.

(Ord. Z2013-01, passed 9-12-2013; Ord. Z2013-02, passed 11-14-2013; Ord. Z2014-01, passed 2-17-2014)