Certain uses provide services and benefits for residents of and visitors to the Town of Pine Knoll Shores. The convenient location of these uses is necessary for their success and the function of the community. Due to the potential impacts of these uses, certain additional standards are necessary to ensure that they do not adversely impact neighboring uses or the community as a whole. This section identifies the uses that require additional standards and establishes the standards they must meet.

The following Uses with Additional Standards and the standards they must meet are hereby established. These additional standards correspond to the zoning district identified on the use table.

(A)

Standards:

(1)

One (1) Accessory Dwelling Unit as a temporary health care structure meeting the limitations of G.S. 160D-915 shall be permitted only on a lot containing a single dwelling unit (the principal dwelling) in any single-family zoning district.

(2)

Accessory uninhabitable structures are permitted in Residential districts, but must be architecturally similar to the principal structure, must adhere to wind and flood requirements, must adhere to impervious coverage limitations, and must adhere to principal structure setbacks.

(3)

The maximum gross floor area for the Accessory Structure shall be 300 SF. Variances shall not allow the gross floor area of the Accessory Structure to exceed 300 SF.

(A)

Standards:

(1)

Drive-through facilities shall be located at the rear of the building.

(2)

No more than 2 drive-through lanes shall be permitted.

(3)

Drive-through facilities shall be screened from adjacent uses with a buffer (see Article 11).

(4)

ATM may be located at side or front of building only if a walk-up facility.

(A)

Standards:

(1)

A minimum of three (3) contiguous acres shall be required to establish a cemetery or mausoleum not located on the same tract of land as a religious institution.

(2)

Principal access must be from a collector street or higher capacity street.

(3)

Tombstones, crypts, monuments, burial plots and mausoleums must be located at least 25 feet from any street right-of-way or 16 feet from abutting property.

(4)

Buildings for maintenance, management, rent and/or sale of cemetery plots must conform to a building type permitted in the zoning district.

(A)

Standards:

(1)

Exterior lighting shall be directed or screened so as to protect the privacy of the private living areas and associated open spaces of adjacent residential properties. All exterior lighting shall be fully cut-off fixtures.

(2)

Accessory Dwelling Units for persons associated with or employed by the church, synagogue, mosque, or place of worship may be provided at a ratio of 1 unit for each 1 acre of site; these limits do not apply to the placement of convents, rectories, parsonages or similar uses on the site.

(3)

Accessory uses such as religious institution offices, religious bookstores serving the immediate congregation, parking lots, family life centers, multi-purpose facilities, outdoor recreational facilities, cemeteries, mausoleum, and day care centers on the same site or sites contiguous to the principal use shall be permitted wherever religious institutions are permitted and shall meet the civic building and lot type, or another building and lot type permitted in the zoning district. Similar uses on non-contiguous sites or on a site separated from the principal use by a public street shall be considered principal uses in their own right and be regulated as such. Tombstones, crypts, monuments, burial plots and mausoleums in accessory cemeteries shall be located at least 25 feet from any street right-of-way or 16 feet from abutting property.

(4)

Religious institution accessory uses which are not permitted as principal uses in a zoning district shall adhere to the following restrictions:

(5)

Application for a zoning permit shall include a comprehensive site plan that addresses the required standards for the main site and all abutting holdings unless deemed unnecessary by the Planning Administrator.

(A)

Standards:

(1)

Building(s) must conform to a building type permitted in the zoning district.

(2)

Parking shall be screened from residential uses and/or districts with a buffer (see Article 11).

(3)

Exterior lighting shall be directed or screened so as to protect the privacy of the private living areas and associated open spaces of adjacent residential properties. All exterior lighting shall be full cut-off fixtures.

(4)

No outdoor activity shall continue past the hour of 10:00 p.m.

(A)

Standards:

(1)

A Day Care Center must meet a permitted building and lot type for the district in which it is to be located.

(2)

Day Care Centers for children must provide play space in accordance with the regulations of North Carolina Department of Human Resources. The outdoor play space must be enclosed on all sides by building and/or permitted types of walls or fences; it may not include driveways, parking areas, or land otherwise unsuited for children's play space; play space may not be in the established front yard.

(3)

There is no limit on the hours of operation of a Day Care Center, but it shall not serve any client on a continuous 24-hour basis.

(A)

Zoning Districts where the additional standards for this use below are applicable are identified in Article 8, Table 8.1 of this Ordinance.

(B)

Standards:

(1)

The Day Care Center, Home Occupation operation must be located within the residential dwelling unit occupied by the operator of the service. Preschool instruction and daytime care is limited to five (5) persons not related to the operator.

(2)

Day Care Center, Home Occupations for children shall provide play space in accordance with the regulations of the North Carolina Department of Human Resources.

(3)

Outdoor play space must be fenced or otherwise enclosed on all sides and may not include driveways, parking areas, or land otherwise unsuited for children's play space; it is prohibited in any established building setback from a street.

(4)

No chain link fences shall be permitted in the front yard. Chain link and similar fencing materials located in the side and rear yards shall be planted on the exterior side with evergreen shrubs minimum 3 feet in height and 6 feet on center at installation, or be obscured by a comparable screening treatment.

(5)

A Day Care Center, Home Occupation must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling; all building and lot standards for residential dwellings shall be maintained.

(6)

There are no specific limitations on the hours of operation of a Day Care Center, Home Occupation, but no outdoor play shall be permitted twenty minutes after sunset.

(A)

Standards:

(1)

Must be located on the campus of secondary or post-secondary school or camp.

(2)

The dormitories must be administered and/or managed by the secondary or postsecondary school or institution on whose campus they are located.

(A)

Standards:

(1)

No display of goods, products, services, or other advertising shall be visible from outside the dwelling, except that home occupations shall be allowed one pole sign in accordance with the provisions of Article 17, and such sign shall not be illuminated.

(2)

Home occupations shall be principally conducted by residents of the dwelling. However, a maximum of one full-time equivalent non-resident of the dwelling may be employed as part of the home occupation.

(3)

On premise retail sales shall not be a component of the home occupation.

(4)

A maximum of 25 percent of the gross floor area of the dwelling unit may be used for the home occupation. If the home occupation is housed in an accessory structure, the square footage of the accessory structure shall not exceed 25 percent of the square footage of the principal structure (home).

(5)

Only one vehicle principally used in connection with the home occupation shall be parked or stored on premises. Such a vehicle shall not display any signage designed to be visible beyond the property boundaries. Such a vehicle shall not be parked in a conspicuous place and shall be stored in a conforming on-site parking space meeting the provisions of Article 12.

(6)

No equipment or process shall be used in connection with the home occupation that creates noise, vibrations, glare, fumes, odors, or electrical interference off-premises.

(7)

In addition to required parking as stipulated in Article 12, one additional off-street parking space shall be provided for use in conjunction with the home occupation.

(8)

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

(9)

The home occupation shall not materially increase the traffic that is found in its vicinity when the use is not in operation. Pursuant to this, a maximum of six individuals per day may visit the home occupation.

(A)

Standards:

(1)

The maximum permitted density for the multi-family development shall be fourteen and one-half (14.5) units per acre or as limited by Permitted Residential Density standards listed in Article 8.

(2)

Parking area shall be screened from adjacent properties and from the street with a buffer (see Article 11).

(A)

Standards:

(1)

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

(2)

Common recreation, social, and service facilities shall be provided at a minimum rate of thirty (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.

(A)

Standards:

(1)

Minimum lot size:

(a)

Kindergarten (only): One acre.

(b)

K-12: Two acres.

(2)

Minimum setback standards:

(a)

Front: Twice that for permitted uses in the respective zoning district.

(b)

Side: 25 feet.

(c)

Rear: 25 feet.

(3)

Parking and active recreation areas shall not be located within the required building setbacks.

(4)

Primary access shall be provided from arterial streets. Local residential streets shall not be used for primary access.

(5)

Site lighting shall be full cut-off fixtures.

(A)

Standards:

(1)

The minimum area shall be two (2) acres.

(2)

There shall a minimum fifty (50) foot separation (distance) between clubhouse, swimming pool, lighted tennis court and any adjacent residentially-zoned property.

(3)

Outdoor swimming pools shall be protected by a non-climbable type fence, or equal enclosure, a minimum of four (4) feet in height and equipped with a self-closing and positive self-latching gate provided with hardware for permanent locking.

(4)

Site lighting shall be full cut-off fixtures. If proof is provided that such lighting is inadequate for the tennis courts, the Planning Administrator may approve other lighting for the tennis courts only.

(A)

Standards:

(1)

Micro Wireless Facilities are permitted on buildings and other existing structures (other than off-premises signs) which do not require an increase in height to accommodate the facility. Electric distribution poles may be extended in height in residential zoning districts to the lesser of 20 feet above the vegetative canopy in the vicinity of the site as determined by the Planning Administrator, or 80 feet in height. Such extensions shall qualify as an existing structure for purposes of this section. Such height extensions of electric distribution poles shall only be permitted if no other distribution pole within 1,320 feet of the proposed site has been extended in height above the average pole height on the same distribution line as documented by the utility owning such poles.

(2)

All antennas associated with Micro Wireless Facilities mounted on a building or other existing structure (other than a utility pole) shall be flush mounted against the side of the building or structure and camouflaged to match or complement the color and architectural treatment of the surface on which they are mounted.

(3)

Antennas associated with a Micro wireless (telecommunication) facility mounted on a utility pole must be mounted atop the pole or flush mounted against the sides of the pole and shall be colored to match or complement the color of the utility pole and shall be mounted in as unobtrusive a manner as possible.

(4)

Antennas associated with a Micro wireless (telecommunication) facility may not be collocated on a tower or other support structure used by an amateur radio operator.

(5)

Equipment enclosures associated with Micro Wireless Facilities mounted on a building or other existing structure (other than a utility pole) shall be mounted inside the building or structure, attached to an exterior surface, or placed underground or on a concrete pad on the ground outside the building or structure. If mounted on an exterior surface, the enclosures shall be colored or camouflaged to match or complement the color and architectural treatment of the surface on which they are mounted. If placed on a concrete pad on the ground, the enclosures shall be screened so as to make them unobtrusive.

(6)

Equipment enclosures associated with a Micro wireless (telecommunication) facility mounted on a utility pole, must be mounted on the utility pole; provided, however, if combiners are used to allow collocation by sharing of an antenna or antenna array and pole-mounting of equipment enclosures cannot be accommodated on the pole, the combiner and additional equipment enclosures may be placed underground or on a concrete pad on the ground. If placed on a concrete pad on the ground, such additional equipment enclosures shall be screened so as to make them unobtrusive.

(7)

All cabling and wiring connecting antennas, equipment enclosures, and other components of a Micro wireless (telecommunication) facility shall be colored or concealed in a manner as to render them unobtrusive.

(8)

Micro Wireless Facilities located in a local historic district or on a historic landmark shall require a certificate of appropriateness from the historic resources commission.

(9)

Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

(10)

A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless (telecommunication) facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the Town in conjunction with other wireless (telecommunication) facilities, the applicant may certify that such licenses remain in full force and effect.

(11)

As part of its application each applicant for a Micro wireless (telecommunication) facility shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility upon abandonment or cessation of operations. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the Town for all costs it incurs to perform any work required of the applicant by the agreement that the applicant fails to perform. A $5,000.00 performance guarantee in accordance with Article 16 of this Ordinance shall be required in conjunction with the maintenance/removal agreement. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the facility has been removed and all other requirements of its maintenance/removal agreement have been satisfied. Private business users operating a single wireless (telecommunication) facility at their principal place of business and governmental users are exempt from the bond requirement.

(12)

Abandoned or unused wireless (telecommunication) facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless (telecommunication) facility pursuant to this provision, the Town shall give 30 days written notice of its intention to do so to the permittee at its last known address.

(A)

Standards:

(1)

Concealed wireless (telecommunication) facilities are permitted on buildings and alternative structures (other than off-premises signs and wireless (telecommunication) facilities).

(2)

For purposes of this section, antennas mounted on an electric transmission tower shall qualify as a concealed wireless (telecommunication) facility provided antennas associated with such a facility do not extend more than ten feet above the top of the supporting structure nor more than two feet from the sides of the structure. Equipment enclosures associated with such a facility may be mounted on the structure or placed underground or on the ground. If placed on the ground, equipment enclosures shall be placed on a concrete pad and screened so as to make them unobtrusive.

(3)

For purposes of this section, antennas mounted on an electric distribution tower, street lighting pole or traffic light pole shall qualify as a concealed wireless (telecommunication) facility provided antennas associated with such a facility do not extend more than ten feet above the top of the supporting structure nor more than two feet from the sides of the structure, and equipment enclosures associated with the facility occupy less than 60 cubic feet. Equipment enclosures associated with such a facility may be mounted on the structure or placed underground or on the ground on a concrete pad. Electric distribution poles may be extended in height in R/MST zoning district to the lesser of 20 feet above the vegetative canopy in the vicinity of the site as determined by the Planning Administrator or 80 feet in height. Such extensions shall qualify as an existing structure for purposes of this section. Such height extensions of electric distribution poles shall only be permitted if no other distribution pole within 1,320 feet of the proposed site has been extended in height above the average pole height on the same distribution line as documented by the utility owning such poles.

(4)

Panel antennas associated with concealed wireless (telecommunication) facilities may not exceed eight feet in height. If flush-mounted on the side of a building or alternative structure, antennas shall be camouflaged to match or complement the color and architectural treatment of the surface. Antennas extending above the roof line of a building shall be concealed behind an RF-transparent parapet wall or facade which is camouflaged to match or complement the color and architectural treatment of the building or structure. Such parapet walls or facades shall not extend more than ten feet above the roof line. Where a parapet wall is at least eight feet in height, omnidirectional (whip-type) antennas may extend above the parapet wall by a distance equal to the height of the parapet wall.

(5)

Antennas associated with a concealed wireless (telecommunication) facility may not be collocated on a tower or other support structure used by an amateur radio operator.

(6)

Electronic equipment associated with concealed wireless (telecommunication) facilities may be placed inside a building or, if placed on a rooftop, all equipment enclosures shall be mounted behind a parapet wall or facade which is camouflaged to match or complement the color and architectural treatment of the building. If placed on the ground on a concrete pad, except as provided in subsection 10.1-17(B)(4) above, equipment enclosures shall be screened so as to make them unobtrusive.

(7)

All cabling and wiring connecting antennas, equipment enclosures, and other components of concealed wireless (telecommunication) facilities shall be colored or concealed in a manner as to render them unobtrusive.

(8)

Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

(9)

Applicants for concealed wireless (telecommunication) facilities shall first be encouraged to consider properties owned by the Town or Carteret County, or instrumentalities thereof, before considering private properties. Public properties shall be subject to the same restrictions and standards of appropriateness as private properties. All such public agencies or instrumentalities shall retain discretion as to whether to make a specific property available for wireless (telecommunication) facilities and to make determinations with respect to site capacity, aesthetics, or suitability of such facilities.

(10)

A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless (telecommunication) facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the Town in conjunction with other wireless (telecommunication) facilities, the applicant may certify that such licenses remain in full force and effect.

(11)

As part of its application, each applicant for a concealed wireless (telecommunication) facility shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility within 180 days of the abandonment or cessation of operations of the facility. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the Town of Pine Knoll Shores for all costs it incurs to perform any work required of the applicant by the agreement that it fails to perform. A $5,000.00 performance guarantee in accordance with Article 16 of this Ordinance shall be required in conjunction with the maintenance/removal agreement. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the facility has been removed and all other requirements of the maintenance/removal agreement have been satisfied. Private business users operating a single wireless (telecommunication) facility at their principal place of business and governmental users are exempt from the bond requirement.

(12)

Abandoned or unused wireless (telecommunication) facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless (telecommunication) facility pursuant to this provision, the Town shall give 30 days written notice of its intent to do so to the permittee at its last known address.

(A)

Standards:

(1)

Application fees for a collocated wireless (telecommunication) facility shall be as established by the Town of Pine Knoll Shores.

(2)

Wireless (telecommunication) facilities may be collocated on any structure which hosts one or more existing permitted and approved wireless (telecommunication) facilities provided, however, that the proposed collocated wireless facility must meet equipment enclosure and antenna size restrictions for the type of facility and zoning district in which the existing facility was approved (i.e., Micro and concealed wireless (telecommunication) facilities). The structure on which the wireless (telecommunication) facilities are to be located may be improved, rehabilitated, or altered structurally to accommodate the proposed collocation, provided that the height of a nonconforming structure is not increased and provided further that the proposed collocation complies with all other requirements of this chapter and other applicable laws and regulations.

(3)

Where collocation is proposed by use of a combiner (allowing two or more commercial wireless service providers to share a common antenna or antenna array), an equipment enclosure which houses only the combiner and amplifiers may exceed the maximum permitted dimensions for other types of equipment enclosures up to a maximum of 70 cubic feet.

(4)

Antennas associated with a collocated wireless (telecommunication) facility may not be collocated on a tower or other support structure used by an amateur radio operator.

(5)

Collocated wireless (telecommunication) facilities shall be designed to meet the following standards:

(a)

Use of dual band/multi-band antennas (to allow sharing of antennas or antenna arrays by wireless providers using different frequency bands) or by using combiners (to allow antenna sharing by users of the same frequency band) is encouraged in order to minimize the height of support structures and the visual impact of multiple collocated antennas or antenna arrays.

(b)

Antennas associated with a collocated wireless (telecommunication) facility shall be mounted so as to present the smallest possible silhouette, profile, or cross-section. Preferred antenna mounting scenarios are, in order of descending preference:

1.

Compact dual-polarized antennas in a cylindrical unicell arrangement extending less than two feet from the structure, and mounted atop the tower;

2.

Panel antennas flush-mounted against the tower; and

3.

Antennas mounted at the end of straight or curved davit arms or brackets extending from the sides of the tower.

(c)

No collocated wireless (telecommunication) facility located on a wireless (telecommunication) facility shall have constructed thereon, or attached thereto in any way, any platform, catwalk, crow's nest, triangular framework, or like structures or equipment, except during periods of construction or repair. Curved or straight davit arms or brackets used for antenna mounting shall be connected to the tower at the base of the arms or brackets only and such arms or brackets (and any antennas or hardware mounted thereon) shall not be physically interconnected with any similar arm or bracket.

(d)

All equipment enclosures and other improvements accessory to a collocated wireless (telecommunication) facility shall be architecturally designed to blend in with the surrounding environment and shall be maintained in good appearance and repair. No equipment enclosure shall exceed 12 feet in height. Ground mounted equipment shall be screened from view with a row of evergreen trees and/or shrubs planted in a landscape strip with a minimum width of five feet, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

(e)

Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

(f)

Equipment enclosures and other improvements shall be enclosed within a security fence consisting of chain link fencing at least eight feet in height. The fence may be topped with barbed wire. The Planning Administrator may require as a condition of approval that the fencing be screened by appropriate landscaping or other means, or may waive or modify the fencing requirement if he/she determines that doing so will enhance the overall appearance of the facility without any compromise in safety or security.

(g)

Signage at any ground-based portion of a collocated wireless (telecommunication) facility site shall conform to the following provisions:

1.

A sign listing the name of the wireless telecommunication service provider operating the site, the site name or number and an emergency telephone number shall be posted at or near the entrance to the site so as to be readily visible to persons outside the site's security fencing.

2.

Equipment hazard warning and informational signs are permitted.

3.

The posting of any other signs or advertising is prohibited at any wireless (telecommunication) facility or upon any wireless (telecommunication) facility.

(6)

A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless (telecommunication) facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the Town in conjunction with other wireless (telecommunication) facilities, the applicant may certify that such licenses remain in full force and effect.

(7)

As part of its application, each applicant for a collocated wireless (telecommunication) facility shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the collocated facility within 180 days of the abandonment or cessation of operations of the collocated facility. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the Town of Pine Knoll Shores for all costs it incurs to perform any work required of the applicant by the agreement that it fails to perform. A $5,000.00 performance guarantee in accordance with Article 16 of this Ordinance shall be required in conjunction with the maintenance/removal agreement when a separate equipment shelter is constructed to house the equipment for the collocated wireless (telecommunication) facility. A $3,000.00 performance guarantee in accordance with Article 16 of this Ordinance shall be required in conjunction with the maintenance/removal agreement when the equipment for the collocated telecommunications facility is housed in an existing equipment shelter. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the collocated facility has been removed and all other requirements of the maintenance/removal agreement have been satisfied. Private business users operating a single wireless (telecommunication) facility at their principal place of business and governmental users are exempt from the bond requirement.

(8)

Abandoned or unused wireless (telecommunication) facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless (telecommunication) facility pursuant to this provision, the Town shall give 30 days written notice of its intention to do so to the permittee at its last known address.

(9)

Collocated wireless (telecommuication) facilities shall not be constructed unless the facility owner has general liability coverage of at least $1,000,000.00. The owner of a collocated wireless (telecommunication) facility shall provide the Town with a certificate of insurance showing evidence of its coverage and the certificate shall contain a requirement that the insurance company notify the Town 30 days prior to the cancellation, modification or failure to renew the insurance coverage required.

(10)

Modifications shall be permitted upon existing Wireless Support Structure (telecommunications tower) facilities provided; they do not exceed any of the following criteria:

(a)

Increase in vertical height of the greater of either: 1) ten percent (10%), or 2) the height of one additional antennae array with separation from the nearest existing array of not more than twenty (20) vertical feet; provided the maximum height of 120 vertical feet is not exceeded.

(b)

Addition of an appurtenance protruding the greater of either: 1) more than twenty (20) feet, or 2) more than the width of the wireless support structure at the elevation of the appurtenance, unless: (i) necessary to shelter an antenna, and/or (ii) necessary to connect the antenna to the tower via cable.

(c)

Increasing the square footage of the existing equipment compound by more than 2,500 square feet; provided all applicable minimum yard area, buffering and screening provisions are maintained.

(11)

Reserved.

(A)

Standards:

(1)

The owner shall comply with all applicable portions of N.C.G.S. Chapter 66, Article 45, Part 1: Pawnbrokers and Cash Converters.

(2)

Hours of operation: 8:00 a.m. until 8:00 p.m.

(3)

No outdoor storage or display of merchandise or goods.

(4)

No display of items in windows.

(5)

No window tinting.

(6)

Five hundred (500) feet of separation between pawnshops, measured in a straight line between front door entrances (inclusive of rights-of-way).

(7)

No pornographic or sexually explicit material sales on-site.

(A)

Standards:

(1)

Manufactured Dwellings (Homes) on individual lots, not within a Manufactured Dwelling (Home) Park, may be multi-sectional or single-wide Manufactured Dwellings (Homes).

(2)

The Manufactured Dwelling (Home) shall conform to the construction standards of the United States Department of Housing and Urban Development (HUD) and bear the HUD tag and/or data plate.

(3)

The manufactured dwelling (home) shall have the towing apparatus, wheels, axles, and transporting lights removed.

(4)

The manufactured dwelling (home) shall be set-up in accordance with the standards established by the North Carolina Department of Insurance for permanent installations.

(5)

A continuous masonry foundation shall be installed under the perimeter, unpierced except for required ventilation, access and utility purposes.

(6)

A permanent front porch of at least thirty-two (32) square feet in area shall be constructed within eight (8) inches of the finished floor elevation and be fully underpinned with masonry, equal to the permanent foundation in item above, to completely conceal the area beneath the porch and the Manufactured Dwelling Home.

(A)

Standards:

(1)

Minimum lot size. No wind energy system shall be installed on any lot less than one acre in size with a maximum of one wind energy system per acre.

(2)

Vacant lots. No wind energy system shall be installed on any vacant lot.

(3)

Setbacks. Each wind energy system shall be set back a distance of least 1.5 times the total height of the wind energy system from; (a) public and private roads; (b) adjacent property lines; (c) the static line of vegetation of the Atlantic Ocean beach; and/or (d) the high water mark of Bogue Sound. Wind energy systems shall comply with state and federal requirements for setbacks from streams, creeks, branches, rivers, sounds, ponds and other surface waters.

(4)

Land locations only. Wind energy systems are permitted only on land and are not permitted within the waters of Bogue Sound or the Atlantic Ocean.

(5)

Appearance. Each wind energy system shall maintain a nonreflective finish neutral in color to reduce reflection and glare and to otherwise reduce visual obtrusiveness.

(6)

Signage and lighting. Signs, advertisements, flags, streamers and other decorative items shall be prohibited from a wind energy system. No lighting on the wind energy system shall be permitted unless required by FAA regulations.

(7)

Communications antenna. No communications antenna or arrangement of wires shall be installed or connected to the wind energy system.

(8)

Height. The height of the wind energy system will not exceed that of the maximum height of structures for the zoning district in which it is located. The height of a wind energy system is the distance from the system's base at the original grade of the land on which it is located extending to the end of the rotary blade when the blade is at its highest point from the original grade at the location of the system's base.

(9)

Clearance. The lowest point of a rotor blade or other movable part must be located at least 15 feet above ground level.

(10)

Power limit. A wind energy system shall not exceed a rated power of ten kilowatts.

(11)

Tower. If a tower is part of a wind energy system, it shall be a self-supporting tubular tower (monopole) or a self-supporting "lattice" tower.

(12)

Electrical wiring. If possible, all electrical interconnection or distribution lines shall be placed underground.

(13)

Noise limits. The aggregate noise or audible sound resulting from a wind energy system shall not exceed five decibels (dBA) above the existing average noise level of the surrounding area, measured at the property lines, and shall be restricted to a maximum of 45 decibels (dBA) measured at the property lines that contain the wind energy system.

(14)

Engineering, installation and compliance with regulations.

(a)

A North Carolina licensed professional engineer shall sign and seal all structural plans for wind energy systems.

(b)

The installation and design of all wind energy systems shall comply with applicable industry standards, and all electrical and mechanical components shall conform to relevant local, state and national codes.

(c)

Wind energy systems shall meet all applicable FAA regulations.

(d)

All wind energy systems shall be constructed with a sealed bearing system so as to not leak any lubricant into the environment.

(e)

All wind energy systems shall be equipped with a disconnection means compliant with Article 705 of the National Electric Code.

(15)

High velocity winds. In the event that the National Weather Service issues a warning of high velocity winds in excess of 74 mph (i.e., hurricane force winds) for the Pine Knoll Shores area, the owner of a wind energy system shall have the system properly and safely secured. All applicable costs of safely securing the system shall be the responsibility of the owner of the wind energy system.

(16)

Electricity from a wind energy system is only for consumption on the site where the system is located. Energy from the system may not be sold for use by off-site consumers, except, however, Carteret Craven Electric may give credit to the owner of the site where the system is located for the value of any surplus energy introduced into the utility's grid.

Certain uses may wish to locate in the Town of Pine Knoll Shores and its area of jurisdiction, which, due to their size and/or operation, have impacts that could adversely impact neighboring uses or the community. Due to the potential impacts of these uses, they must meet certain conditions to ensure that they do not adversely impact neighboring uses or the community as a whole. This section identifies the uses that require conditions and establishes the conditions they must meet. A Special Use Permit must be granted for these uses in accordance with the procedures set forth in Article 7.

(A)

The only Zoning District where an adult establishment may be established if and when the conditions in this subsection are met and a special use permit is issued, is in the NC Highway 58 Commercial district.

(B)

Conditions:

(1)

No lot containing an adult use shall be located within a 1,200-foot radius of any lot containing another adult use.

(2)

No lot containing an adult use shall be located within a 1,200-foot radius of any church or place of worship, school, library, licensed childcare center, public recreation center, or public park or playground.

(3)

The required distance shall be measured from the closest edge of the property occupied by an adult use to the closest edge of the property occupied by a protected use, zone, or by another adult use. Provided, however, that if an adult use is located in a multi-tenant facility, the distance shall be measured from the closest edge of the portion of the facility occupied by such use.

(4)

No more than one adult establishment may be located within the same structure or on the same lot.

(5)

In the interest of public health and safety, mini-motion picture booths shall be constructed without doors, and shall orient the customer entrance of each booth toward the principal sales counter.

(6)

Except for permitted business identification signage, no printed material, slide, video, photograph, written text, live show, or other visual presentation shall be visible, nor shall any live or recorded voices, music, or sounds be heard from outside the walls of the adult use.

(A)

Zoning Districts where wireless support structure may be established upon compliance with the conditions of this subsection and the issuance of a special use permit, are Rec-1 and MS.

(B)

Conditions:

(1)

Wireless Support Structure (telecommunications towers) must be a monopole design that does not exceed one-hundred and fifty (150) feet in height from average adjacent grade.

(2)

The Town may elect to retain ouside consultants or professional services to review a special use application for a Wireless Support Structure (telecommunications towers) and to make recommendations on relevant issues including, but not limited to, verification of the applicant's due diligence, analysis of alternatives, conditions of approval, and compliance with state and federal rules and regulations at the applicant's expense.

(3)

In addition to the notice requirements found elsewhere in this Ordinance, the applicant for a special use permit for a Wireless Support Structure (telecommunications towers) shall be required to notify by regular mail all property owners within a one-quarter mile (1,320 feet) radius of the proposed location of any evidentiary hearing on the application at least ten days prior to the hearing. The Planning Administrator may require the applicant to conduct a crane or balloon test to simulate the height of the proposed tower. Notice of the dates and times of such tests shall be mailed by the applicant to all property owners within a one-quarter mile (1,320 feet) radius of the proposed location at least ten days prior to the primary test date. The notice shall state primary and alternate test dates, as well as a range of dates for testing in the event of extended periods of inclement weather. The Planning Administrator shall review and approve the sufficiency of the notice prior to mailing and, as part of its application, the applicant will be required to submit a certificate of mailing and attach a copy of the notice and a list of the addresses to which it was sent. In the event the applicant shall seek to increase the height of a proposed Wireless Support Structure (telecommunications towers), or move its location more than 150 feet laterally, from that stated in the original notices, additional notice shall be required to be given in accordance with the above provisions and all time periods shall run from the date of supplemental notification.

(4)

Public properties shall be subject to the same restrictions and standards of appropriateness as private properties. All such public agencies or instrumentalities shall retain discretion as to whether to make a specific property available for Wireless Support Structure (telecommunications towers) and to make determinations with respect to site capacity, aesthetics, or suitability of such facilities.

(5)

Wireless Support Structure (telecommunications towers) proposed on public right-of-way under the ownership or control of the North Carolina Department of Transportation, or the Town of Pine Knoll Shores shall be limited to a height no greater than 50 feet and typical highway lighting towers in both height and appearance and shall be clustered amongst or near such towers so as to be unobtrusive. If any portion of a Wireless Support Structure (telecommunications towers) located on such properties is used to mount cameras, instruments, sensors or antennas for governmental use and the same structure supports or incorporates commercial wireless telecommunication facilities, the governmental use shall be deemed incidental or accessory to the commercial use and the entire facility shall be treated as a commercial use for purposes of this section.

(6)

It is the policy of the Town to encourage collocation and the use of existing structures where appropriate. In furtherance of that policy objective, the following provisions shall apply to an application for a special use permit for a Wireless Support Structure (telecommunications tower):

(a)

A special use application for a Wireless Support Structure (telecommunications towers) shall not be approved if an electric transmission tower is located above, or no less than 25 feet below, the ground elevation of and within the search radius and/or ring of a proposed wireless (telecommunication) facility, unless the applicant can demonstrate one or more of the following:

1.

That sufficient easements or other interests in real property cannot be obtained to accommodate the wireless (telecommunication) facility;

2.

That the electric utility owning the electric transmission tower is unwilling to allow its use for wireless facilities;

3.

That the applicant is unable to gain sufficient ingress and egress to the electric transmission tower;

4.

That the existing use of the electric transmission tower would interfere with the operations of the applicant as documented by a qualified and licensed North Carolina engineer and the interference cannot be prevented;

5.

That the planned equipment would exceed the structural capacity of the electric transmission tower as documented by a qualified and licensed North Carolina professional engineer, and the electric transmission tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

(b)

Electric transmission towers may be increased in height to that allowed for Wireless Support Structure (telecommunications towers) in the district in which the electric transmission tower is located if the Town Board of Commissioners determines such height extension is preferable to placement of a new Wireless Support Structure (telecommunications towers) in that area.

(c)

A special use application for a Wireless Support Structure (telecommunications towers) shall not be approved unless the equipment planned for the proposed tower cannot be accommodated on existing or approved wireless (telecommunication) facilities, buildings or alternative structures more than 30 feet in height (after first considering electric transmission towers) within a one-quarter mile (1,320 foot) radius of the proposed Wireless Support Structure (telecommunications towers) due to one or more of the following reasons:

1.

The planned equipment would exceed the structural capacity of the existing or approved tower, building or alternative structures, as documented by a qualified and licensed North Carolina professional engineer, and the existing or approved tower, building or structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.

2.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment on the towers, buildings or alternative structures, as documented by a qualified and licensed North Carolina engineer, and the interference cannot be prevented at a reasonable cost.

3.

Existing or approved towers, buildings or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed North Carolina professional engineer.

4.

Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon existing or approved towers, buildings or alternative structures.

(d)

Antennas associated with a wireless (telecommunication) facility may not be collocated on a tower or other support structure used by an amateur radio operator.

(e)

No wireless (telecommunication) facility shall interfere with the usual and customary radio and television reception excepting broadcast facilities as provided for in the regulations of the FCC.

(7)

All wireless (telecommunication) facilities must comply with FCC and FAA regulations.

(8)

A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the Wireless Support Structure (telecommunications tower) and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the Town in conjunction with other wireless (telecommunication) facilities, the applicant may certify that such licenses remain in full force and effect.

(9)

As part of its application, each applicant for a Wireless Support Structure (telecommunications towers) shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility within 180 days of the abandonment or cessation of operations of the facility. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the Town of Pine Knoll Shores for all costs it incurs to perform any work required of the applicant by the agreement that it fails to perform. A $5,000.00 performance guarantee in accordance with Article 16 of this Ordinance shall be required in conjunction with the maintenance/removal agreement. The applicant and its successors and assigns shall be required to continue such performance guarantee until such time as the facility has been removed and all other requirements of the maintenance/removal agreement have been satisfied. Private business users operating a single wireless (telecommunication) facility at their principal place of business and governmental users are exempt from the bond requirement.

(10)

Abandoned or unused wireless (telecommunication) facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless (telecommunication) facility pursuant to this provision, the Town shall give 30 days written notice of its intention to do so to the permittee at its last known address.

(11)

All wireless (telecommunication) facilities shall comply with FAA lighting requirements. In addition, in a specific instance, the Town may impose lighting requirements for a tower that is not required by FAA regulations to be lit.

(12)

Except as otherwise provided herein, minimum setbacks for wireless (telecommunication) facilities shall be in accordance with the setback requirements set forth in the development standards for the district in which the location of the tower is proposed. In addition, wireless (telecommunication) facilities must be set back from any residentially zoned or residentially used properties a distance equivalent to one-half the height of the tower being erected. The Town Board of Commissioners may reduce the setback requirement upon a showing by the applicant that there are special physical circumstances or conditions affecting the proposed site such that the strict application of the setback requirement would not allow the most effective use of the proposed site to minimize the visual impact of the wireless (telecommunication) facility.

(13)

Wireless (telecommunication) facilities shall be buffered from adjacent properties with a buffer which, at a minimum, meets the requirements of a buffer as described in Article 11 of this Ordinance, regardless of adjacent zoning district classifications or uses.

(14)

No wireless (telecommunication) facility shall be located:

(a)

On top of buildings; or

(b)

In a locally or nationally designated historic area or property or on a nationally or locally designated historic structure or building. Nor shall a Wireless Support Structure (telecommunications tower) be located such that it adversely impacts the historic integrity of a locally or nationally designated historic area, property, or structure.

(15)

In cases where an applicant is required to perform an environmental assessment (EA) or an environmental impact statement (EIS) under the National Environmental Policy Act or the National Historic Preservation Act, such EA or EIS shall be submitted as part of its application for a special use permit. An application for a special use permit will not be deemed complete until any required EA or EIS has been submitted to the Town.

(16)

Wireless (telecommunication) facilities shall not be constructed unless the company erecting the tower has general liability coverage of at least $1,000,000.00. The owner of a wireless (telecommunication) facility shall provide the Town with a certificate of insurance showing evidence of its coverage and the certificate shall contain a requirement that the insurance company notify the Town 30 days prior to the cancellation, modification or failure to renew the insurance coverage required.

(17)

Wireless (telecommunication) facilities shall be designed to meet the following standards:

(a)

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment. The Town Board of Commissioners may condition approval on the use of specific concealment techniques where it determines that doing so is necessary or desirable.

(b)

Guyed towers are prohibited. Commercial Wireless Support Structures (telecommunications towers) shall be of a monopole design unless the Town Board of Commissioners determines that an alternative design would better blend in to the surrounding environment.

(c)

Use of dual-polarized antennas which electronically combine the functions of transmit and receive antennas (rather than spatial diversity antenna arrays which rely on antennas being physically separated), dual-band/multi-band antennas (allowing two or more providers of different types of commercial wireless services to share a common antenna), and use of combiners (allowing antenna sharing by providers using the same frequency band) are encouraged.

(d)

Antennas shall be mounted on Wireless Support Structure (telecommunications towers) so as to present the smallest possible silhouette, profile, or cross-section. Preferred antenna mounting scenarios are, in order of descending preference:

1.

Compact dual-polarized antennas in a cylindrical uni-cell arrangement extending no more than two feet from the sides of the supporting structure and mounted atop the tower;

2.

Panel antennas flush-mounted against the tower;

3.

Antennas mounted at the end of straight or curved davit arms or brackets extending from the sides of the tower.

(e)

No Wireless Support Structure (telecommunications towers) shall have constructed thereon, or attached thereto in any way, any platform, catwalk, crow's nest, triangular framework, or like structures or equipment, except during periods of construction or repair. Curved or straight davit arms or brackets used for antenna mounting shall be connected to the tower at the base of the arms or brackets only and such arms or brackets (and any antennas or hardware mounted thereon) shall not be physically interconnected with any similar arm or bracket.

(f)

All equipment enclosures and other improvements accessory to a Wireless Support Structure (telecommunications towers) shall be architecturally designed to blend in with the surrounding environment and shall be maintained in good appearance and repair. No equipment enclosure may exceed 12 feet in height. Ground mounted equipment shall be screened from view with a buffer (see Article 11), except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

(18)

Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

(19)

Wireless Support Structure (telecommunications towers), equipment enclosures and other improvements shall be enclosed within a security fence consisting of chain link fencing at least eight feet in height. The fence shall not be topped with barbed wire. The Town Board of Commissioners may require as a condition of approval that the fencing be screened by appropriate landscaping or other means. The Town Board of Commissioners may waive or modify the fencing requirement if it determines that doing so will enhance the overall appearance of the facility without any compromise in safety or security.

(20)

Wireless (telecommunication) facilities shall have a flat gray or galvanized finish unless the Town Board of Commissioners determines another color scheme would be a preferable aesthetic alternative.

(21)

No two Wireless Support Structure (telecommunications towers) shall be constructed within 1,320 feet of each other unless documentation is provided to the Planning Administrator to show that collocation on towers within the 1,320 feet is not technically feasible.

(22)

No wireless (telecommunication) facility shall be permitted that exceeds 120 feet in height.

(23)

Signage at any wireless (telecommunication) facility site shall conform to the following provisions:

(a)

A sign listing the name of the wireless telecommunication service provider operating the site, the site name or number and an emergency telephone number shall be posted at or near the entrance to the site so as to be readily visible to persons outside the site's security fencing.

(b)

Equipment hazard warning and informational signs are permitted.

(c)

The posting of any other signs or advertising is prohibited at any wireless (telecommunication) facility or upon any wireless (telecommunication) facility.

(24)

The Town Board of Commissioners may require any other conditions deemed necessary or desirable to ameliorate the impact of the tower on the adjacent properties and uses. Such conditions shall include but are not limited to: the height of the tower, the construction or type of tower, lighting, and collocation of the antennas and facilities of different parties on a single tower.

(25)

A special use approval for a Wireless Support Structure (telecommunications towers) shall become null and void if the facility is not constructed and placed in service within twenty-four months of the date of approval provided, however, the special use approval may be extended one time for six months if substantial construction has commenced before the end of the initial twenty-four-month period.

(26)

Modifications shall be permitted upon the existing Wireless Support Structure (telecommunications tower) facilities provided they do not exceed any of the following criteria:

(a)

Increase in vertical height of the greater of either: 1) ten percent (10%), or 2) the height of one additional antennae array with separation from the nearest existing array of not more than twenty (20) vertical feet; provided the maximum height of 120 vertical feet is not exceeded.

(b)

Addition of an appurtenance protruding the greater of either: 1) more than twenty (20) feet, or 2) more than the width of the wireless support structure at the elevation of the appurtenance, unless: (i) necessary to shelter an antenna, and/or (ii) necessary to connect the antenna to the tower via cable.

(c)

Increasing the square footage of the existing equipment compound by more than 2,500 square feet; provided all applicable minimum yard area, buffering and screening provisions are maintained.

(A)

Zoning District where electronic gaming operation, including game rooms, coin operated video game room may be established upon compliance with the conditions of this subsection and the issuance of a special use permit, is the NC Highway 58 Commercial District.

(B)

Conditions:

(1)

Separation from Certain Uses - No Electronic Gaming Operation shall be located within 1,500 feet in any direction from any other Electronic Gaming Operation, or from any religious institution, public or private child care center or child care facility, or public or private school. This required separation shall apply whether the above uses are principal or accessory uses.

(2)

Major Gateway Setbacks - All Electronic Gaming Operations shall maintain a two hundred (200) foot setback along NC Highway 58. The setback shall be measured perpendicular to the existing road right-of-way.

(3)

Measurement - All measurements in this Section shall be from the outer building walls of the proposed use to the nearest property line of the above specified uses, and such measurement shall be in a straight line without regard to intervening structures.

(4)

Hours of Operation, Access and Visibility—No Electronic Gaming Operations shall engage in business prior to 10:00 a.m. or after 12:00 midnight. During hours of operation, electronic gaming operations shall be open for direct, unobstructed access by police, fire and emergency response personnel. All entrance doors shall remain unlocked while patrons are on the premises. All Electronic Gaming Operations terminals, computers, machines, and/or gaming stations shall be open and visible from the exterior front of the establishment.

(5)

Age Restrictions - No person or entity engaged in Electronic Gaming Operations shall allow, permit or condone any person under the age of eighteen (18) to be upon the premises while patrons are engaged in Electronic Gaming Operations.

(6)

Signage - Signage shall meet all the requirements of Article 17. Sign Regulations and the following requirements. No signs shall be posted on the windows of the property which are visible from the exterior of the development. No neon or other effects which simulate the appearance of neon, nor any flashing, chasing, undulated, or other variable lighting effects shall be used in connection with any use hereunder where such lighting effect would be visible from the exterior of the establishment. All rules of electronic games shall be displayed prominently within the establishment.

(7)

Parking - Parking shall be provided at the rate of one (1) space per full-time employee and one (1) space per gaming terminal and/or electronic gaming machine in the establishment and in accordance with Article 12.

(8)

Maximum Number of Terminals - The maximum number of terminals, computers, machines, and/or gaming stations permitted within an Electronic Gaming Operation is twenty (20).

(9)

Compliance with Other Regulations - The Electronic Gaming Operation shall be subject to all other standards of the State of North Carolina as applicable.