This article provides regulations and conditions for selected uses which are unusual in their nature or complexity. These uses may require areas of unusual size, or are potentially incompatible with their surroundings unless special development standards are applied, or which depend on sound site planning and design to prevent them from becoming detrimental to the health, safety, or general welfare of the public or neighboring land uses.

(Ord. of 1-19-98, § IV)

A site plan is necessary to demonstrate the proposed use of land and/or structure(s) will comply with the specifications set forth in this chapter prior to the issuance of a zoning permit. A site plan shall be provided for all non-residential uses, special use permit, conditional district, and any other use/application type specifically noted in this chapter.

The site plan shall be presented by the applicant and contain, at a minimum, the following:

(1)

Property lines with dimensions;

(2)

Tax parcel number;

(3)

Property address, if assigned;

(4)

Zoning district;

(5)

Easements and rights-of-way;

(6)

Adjacent roads and existing or proposed driveways;

(7)

Proposed structure, dimensions, and distance from property lines;

(8)

Proposed use (reference SIC from 21-113);

(9)

Existing structures and use;

(10)

Required setbacks;

(11)

Floodplains, if applicable;

(12)

Name, location and dimension of any, drainage facilities, parking areas, recreation areas, required turnarounds as applicable;

(13)

Off-street parking, loading and unloading;

(14)

Any other operational area use;

(15)

Water supply watershed district and built-upon area calculations, if applicable;

(16)

Number of employees, if applicable;

(17)

Hours of operation, if applicable;

(18)

Adjoining parcel owner name and land use;

(19)

Screening & buffering location and details, if applicable;

(20)

All pertinent development requirements of this chapter;

(21)

Proposed phasing, if applicable;

(22)

Any additional information required by the zoning administrator to assess the merits of the application, including, but not limited to, a commercial driveway permit, traffic impact analysis, environmental impact statements;

(23)

Unless otherwise allowed by the zoning administrator, the scale shall be one (1) inch equals one hundred (100) feet or greater for zone lots three (3) acres or less in size, or one (1) inch equals two hundred (200) feet or greater for zone lots more than three (3) acres in size.

In cases where the applicant's site plan illustration of compliance with setbacks and/or other development standards appears inconsistent with perceived information from a geographic information system or when plainly inadequate for the purposes of evaluating compliance, the zoning administrator may require the site plan to be prepared with a full or partial boundary and/or as-built survey or by a North Carolina Professional Engineer or Architect.

To verify completed development conformed to approved plan, the zoning administrator may require the applicant to provide an as-built survey to substantiate compliance.

(Ord. of 1-19-98, § IV; Amend. of 4-21-14; Amend. of 9-3-19; Amend. of 9-15-25)

Uses listed as SR (Special Requirements) in section 21-113, except those in the NB zoning district, which are subject to section 21-65, shall comply with the pertinent regulations listed in the following subsections. Site plan approval by the zoning administrator shall be required unless expressly provided otherwise prior to issuance of a zoning permit and such approval shall be given if all requirements herein are met. The plan shall become part of the building permit.

(1)

Rural home occupations [RHO].

a.

Purpose and intent. Rowan County recognizes the important role RHOs offer residents and the community in creating business opportunities to fulfill or supplement the resident's employment needs. Standards are established herein to protect adjoining properties from potential adverse impacts associated with these uses.

b.

Development standards. All proposed operations are subject to general standards identified in section 21-55, applicable specific standards in section 21-56, and other pertinent requirements of this chapter.

c.

Combination use. In addition to the principal residential use, development of an RHO may constitute a second principal use whose occupancy classification is subject to the North Carolina Building Code for non-residential use as determined by the Rowan County Inspections Department.

d.

Change in operation. RHOs permitted to comply with the provisions of section 21-55(2) shall be classified as non-conforming if a change in association between the residence and business operator occurs. As such, applicants should consider potential investment in the development of land and/or structures for RHOs and the inherent future limitations should the use become non-conforming. Many RHO locations would not adhere to the purpose and intent or land use recommendations for rezoning to a non-residential district.

(2)

Specific criteria for uses listed as SR. The SR standards required in section 21-55 do not apply to uses in the residential group from 21-113; Common Sand Mining (SIC 1442); Dead storage of manufactured homes (SIC 42); Co-location of wireless facilities, eligible facilities requests, alternative tower structures, public safety tower and utility wireless support structures (SIC 48 (pt)); and uses listed as SR in nonresidential districts.

(Ord. of 1-19-98, § IV; Amend. of 12-2-13; Amend. of 4-21-14; Amend. of 10-15-18; Amend. of 9-3-19; Ord. of 4-5-21(1); Amend. of 11-15-21; Amend. of 6-20-22)

Editor's note— An amendment adopted November 15, 2021, repealed § 21-54. Former § 21-54 pertained to the maximum building size and setback requirements for RHOs and derived from § IV of an ordinance adopted January 19, 1998; an ordinance adopted June 29, 1999; an amendment adopted November 2, 2009; an amendment adopted April 21, 2014 and an amendment adopted September 3, 2019.

Uses listed as SR in article III shall comply with the following criteria, as applicable:

(1)

Site plan. A site plan shall be provided showing the existing lot and all existing and proposed buildings.

(2)

Residency. The RHO business must be on or adjacent to the primary residence of the business owner/operator consistent with subsection (3) and located in either the RA or RR district.

(3)

Building size. The aggregate or maximum square footage for a building(s) used as a RHO is based on the type of road frontage; lot acreage, excluding right-of-way; and zoning district, subject to:

a.

Location on a parcel containing at least thirty-five (35) feet of state road frontage.

1.

Ten (10) percent of the lot size with a maximum of twelve thousand (12,000) square feet in the RA district.

2.

Ten (10) percent of the lot size with a maximum of two thousand (2,000) square feet in the RR district.

b.

Location on a parcel not meeting road frontage standard of 21-55 (3)(a).

1.

Ten (10) percent of the lot size with a maximum of two thousand (2,000) square feet in the RA and RR districts.

Existing accessory structures for personal use not associated with uses permitted in this section must be considered within the maximum allowable building size for the property listed in section 21-285.

(4)

Building Setbacks. Setback requirements shall be as specified below.

Existing structures proposed for use as a rural home occupation that do not comply with these setbacks shall not be prevented from such use if all other requirements are met.

(5)

Lighting. The lighting shall be shielded to prevent light and glare spillover to adjacent residentially developed properties.

(6)

Square footage. The maximum square footage allowed for a use shall include all buildings used for retail sales of any type on that property.

(7)

Parking. Parking shall be provided off-street subject to article VII for that use.

(8)

Signage. Signage shall be as prescribed in article VIII for the underlying district.

(9)

Noise. Noise shall not exceed the levels prescribed in the county noise ordinance for residential districts.

(10)

Outdoor storage. All outside storage areas including dumpsters shall be:

a.

Sited to the rear of the building;

b.

Not within the required setbacks;

c.

Outdoor storage shall be screened as provided in article IX for that use.

(11)

Smoke, odors and dust. The use will not create any smoke, odors, or dust at a level discernible at any of its lot lines.

(12)

Required licenses and permits. The applicant shall provide a copy of all required licenses and permits prior to issuance of a zoning permit.

(13)

Handling waste and other by-products. A description shall be provided of the method of collecting, handling, disposal and storage of all wastes, by-products, scraps, etc. which meets all applicable federal, state and local regulations and all other requirements of this chapter.

(14)

Activities. Manufacturing activities are confined to the building.

(15)

Outdoor display. Outdoor display shall be limited to two thousand five hundred (2,500) square feet unless otherwise provided.

(16)

Screening. Any structures and operational areas used for the business must be screened in accordance with article IX. This requirement does not apply to a residence(s) on the same parcel or an adjacent parcel if in the same ownership as the land on which the RHO is located or is owned by an immediate family member as defined by this ordinance.

(Ord. of 1-19-98, § IV; Ord. of 6-29-99; Amend. of 9-3-19; Amend. of 11-15-21)

Uses listed as SR in section 21-113 shall meet the following requirements expressly provided below.

(1)

Additional standards applicable to specific uses listed as SR in the residential group.

a.

Duplex, individual located in the RR district; minimum lot size. The minimum lot size shall be one hundred fifty (150) percent of the lot size required for a single-family dwelling.

b.

Family care home.

1.

Occupancy. No more than six (6) persons with disabilities may reside in a family care home.

2.

Separation. No family care home shall be located within a four-hundred-foot radius of another family care home.

c.

Family manufactured home park.

1.

Application. The proposed park must be located on a lot of record existing prior to June 8, 1999. An application and site plan shall be completed by the applicant. Applications that do not meet the standards of this subsection may be considered under the family subdivision provisions of the subdivision ordinance.

2.

Setbacks within park. Setbacks for spaces within parks, measured from edge of applicable street or property line:

Front .....20 feet

Side .....15 feet

Rear .....20 feet

3.

Setbacks from external property lines. Setbacks for manufactured homes from adjacent property lines and rights-of-ways are fifty (50) feet.

4.

Occupancy of homes. Manufactured homes shall be occupied by members of the immediate family of the property owner.

5.

Number of units in park. The maximum number of manufactured homes allowed under this subsection are subject to the lesser of the density standards in section 21-84 or the following:

i.

No more than three (3) manufactured homes are allowed in a family manufactured home park in the RA district.

ii.

No more than two (2) manufactured homes are allowed in a family manufactured home park in the RR district.

Single-family dwellings existing prior to the family manufactured home park application shall be included toward the number of homes permitted under this subsection.

6.

Type of manufactured homes allowed. The manufactured homes shall meet the placement criteria for manufactured homes in section 21-284(1) and the skirting requirements of subsection 21-276(b). While single-family dwellings are not eligible as new dwelling units under this provision, their existence prior to a family manufactured home park application would not preclude the application from consideration.

7.

Change of occupancy or ownership. When occupancy or change of ownership of the family manufactured home park occurs which results in such park not meeting the original criteria for approval as a family manufactured home park, the manufactured homes shall become conforming with the underlying district.

d.

Accessory dwelling unit. (ADU)

1.

The ADU unit cannot exceed one thousand (1,000) square feet.

2.

The ADU must be smaller than the principal dwelling.

3.

A detached accessory dwelling unit may be contained within a garage, workshop, or similar accessory structure. The accessory structure must comply with the setback standards in section 21-285.

4.

Manufactured homes shall not be used as an ADU.

5.

No more than one (1) ADU may be permitted on a lot.

6.

Setbacks for an ADU shall be the same as the principal structure setbacks.

7.

An accessory dwelling unit cannot be subdivided off the property unless all lots can meet the standards of the subdivision ordinance including any environmental health standards.

8.

ADU must have a wastewater disposal and water supply system from either a municipal connection or approved system from the Rowan County Environmental Health Department.

9.

The lot must equal or exceed two hundred (200) percent of the minimum lot size required for a principal dwelling inside a water supply watershed.

10.

On lots under two (2) acres, the ADU must be located behind the principal dwelling.

(2)

Additional standards applicable to specific uses listed as SR in the agriculture, forestry and fishing.

a.

Veterinary services for animal specialties (SIC 0742) and animal specialty services, except veterinary, all except boarding horses, training horses, except racing, animal shelters, boarding kennels, dog pounds (SIC 0752 pt).

1.

Site plan. A site plan shall be provided showing the lot, all existing and proposed buildings, outdoor runs and/or training facilities, fencing, and all areas accessible to the animals.

2.

Siting. All structures used to shelter animals and outdoor run areas shall be at least one hundred (100) feet from all property lines. Outdoor runs shall be enclosed by a security fence at least six (6) feet in height.

3.

Screening. All structures used to shelter animals and outdoor run areas shall be screened according to section 21-215(1) from adjacent residentially zoned parcels and are not subject to the distance exemption from section 21-219.

b.

Reserved.

(3)

Additional standards applicable to specific uses listed as SR in the mining group.

a.

Common sand mining (SIC 1442).

1.

Site plan. A site plan shall be provided showing the existing lot and all existing and proposed buildings, quarries, pits, stock piles, and other relevant features of the quarrying operation.

2.

Access. All access roads shall be at least twenty (20) feet from any adjoining property line not part of the mining operation; constructed with a paved, gravel, or crushed stone surface; and maintained in a dust-free manner.

3.

Setbacks. All land disturbing activities shall be located at least one hundred (100) feet from any zone lot line.

4.

Operation. Hours of operation shall be limited to sunrise to sunset.

5.

Minimum lot size. The minimum lot size is five (5) acres.

6.

Smoke, odors, dust. Operations shall not create any smoke, odors, or dust at a level which creates a nuisance to any person or normal sensitivities at the zone lot line.

b.

Reserved.

(4)

Additional standards applicable to specific uses listed as SR in the construction group.

a.

Heavy construction other than building construction contractors (SIC 16).

1.

Minimum lot size. The minimum lot size is one (1) acre.

2.

Storage. All storage shall be a minimum of fifty (50) feet from adjoining residentially developed property lines.

b.

Reserved.

(5)

Additional standards applicable to specific uses listed as SR in the manufacturing group.

a.

Saw mills and planing mills, general (SIC 2421); dimension hardwood (SIC 2426 (pt)); sawmills, special product (SIC 2429 (pt)).

1.

Location.All mechanized sawing equipment must be located a minimum of five hundred (500) feet from lot boundary lines. Residential lots owned by the sawmill operator are exempt from this requirement.

2.

Reserved.

b.

Winery (SIC 208(pt)).

1.

Setbacks. The facility shall meet the setback requirements of section 21-84 (Table of dimensional requirements).

2.

Screening. The facility shall meet the screening requirements of article IX (Screening and buffering).

3.

Licenses and permits. All required licenses and permits (i.e. environmental health, ABC, etc.) shall be obtained prior to operation of the facility.

(6)

Additional standards applicable to specific uses listed as SR in the transportation, communication, electric, gas and sanitary services group.

a.

Trucking (SIC 421).

1.

Minimum lot size. The minimum lot size is three (3) acres.

2.

Buffer. All operations shall be a minimum of fifty (50) feet from adjacent residentially developed property lines.

3.

Applicability. The provisions of this subsection shall apply to trucking businesses with three (3) or more trucks.

b.

Dead storage of manufactured homes (SIC 4221).

1.

Compliance with applicable standards of Chapter 14.5, Nuisance Ordinance.

2.

Dead storage of more than one (1) manufactured home by an individual is not allowed in the RA, RR, and MFR district.

3.

Dead storage of more than one (1) manufactured home is allowed in the CBI and IND district on property owned or leased by a licensed manufactured home dealer.

4.

Dead storage of more than one (1) manufactured home is allowed in the MHP district in a manufactured home park.

5.

Manufactured homes shall not be kept in dead storage for more than sixty (60) days in accordance with section 14.5-34 of the nuisance ordinance.

c.

Solar energy systems (SIC 491 (pt)). These standards are intended to encourage and promote use of solar collectors as an alternative or supplemental energy source in the following formats for residential and commercial applications.

1.

Residential system.

i.

Size. Solar collectors shall be considered an accessory use and conform to the lesser of six thousand (6,000) square feet or ten (10) percent of the lot size and are subject to setback standards in section 21-285. When calculating allowable area, roof mounted solar collectors are included in the total square footage.

ii.

Glare. Solar collectors located in the conical or horizontal surface of the Mid-Carolina Regional Airport shall comply with the requirements of section 21-60(5)(b)(5).

2.

Non-residential system.

i.

Setbacks. The system area setbacks shall be fifty (50) feet from adjoining property lines and road rights-of-way. As applicable, all solar energy equipment, excluding solar collectors, must be located a minimum of one hundred (100) feet from an existing residence, church or school on an adjoining property.

ii.

Location. These systems shall not be located within the conical or horizontal surfaces associated with the Mid-Carolina Regional Airport.

iii.

Fencing. Security fencing, a minimum of six (6) feet in height, shall be installed at the system area perimeter.

iv.

Documentation. For those systems having a panel area greater than six thousand (6,000) square feet, the applicant shall provide documentation from a registered North Carolina Professional Engineer qualified to perform electrical design services substantiating the solar energy system is primarily designed to provide or off-set power for on-site use and does not exceed one (1) megawatt.

3.

Roof-mounted system.

i.

Non-residential use. Solar collectors may not be attached to any structure used for a non-residential use identified in section 21-113 when located in the conical or horizontal surface of the Mid-Carolina Regional Airport.

ii.

Residential use. Solar collectors located in the conical or horizontal surface of the Mid-Carolina Regional Airport attached to a structure used for a residential use identified in section 21-113 shall comply with the requirements of section 21-60(5)(b)(5). Solar collector area shall conform to the lesser of six thousand (6,000) square feet or ten (10) percent of the lot size and include any ground mounted solar collectors in the total square feet allowed.

d.

Co-location of wireless and eligible facilities requests (SIC 48 (pt)). Co-location of wireless and eligible facilities requests are recognized as an efficient method for providing wireless facilities and are encouraged due to their minimization of adverse visual impacts and the opportunity for an expedited and effective administrative review.

1.

Applications for co-location of wireless facilities shall include two (2) copies of a site plan prepared by a registered professional engineer or a professional land surveyor as provided in section 21-52 including items in section 21-56 (6)(e)5 and section 21-60(4)a.1.i,.

2.

Consideration of eligible facilities requests pursuant to this subsection shall comply with all standards prescribed below, otherwise the request may be deemed a substantial modification and subject to the provisions of subsection 21-60(4)(a):

i.

Not increase the existing vertical height of the structure by the greater of (a) more than ten (10) percent, or (b) the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet regardless of height limitations prescribed in subsection 21-60(4)b.

ii.

Not add an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (a) more than twenty (20) feet, or (b) more than the width of the wireless support structure at the level of the appurtenance. A statutory exception (ref. G.S. 160D-931(19)(b) to this standard allows for sheltering the antenna from inclement weather or to connect the antenna to the tower via cable.

iii.

Not increase the square footage of the existing equipment compound by more than two thousand five hundred (2,500) square feet.

iv.

Provide information from Section 21-56(6)(e)4, and 5; and Section 21-60(4)(a)1.i. and 21-60(4)(c).

e.

Use of alternative tower structures (SIC 48 (pt)). The county acknowledges the merits of alternative tower structures for their innovative use as a means to provide current and future wireless telecommunications coverage and are encouraged as a secondary option to co-location and eligible facilities requests. Wireless facilities applications for placement on or within alternative tower structures may be evaluated in all zoning districts and approved administratively, provided the following SR are met:

1.

The addition of an antenna shall not add more than twenty (20) feet in height.

2.

The associated wireless facilities shall comply with the setbacks for the underlying zoning district, screened according to subsection 21-215(1)b.1.—3. and be constructed of similar materials/color as the host structure.

3.

The existing host structure may not be externally altered, except to accommodate the addition of the antenna.

4.

Two (2) copies of a site plan as provided in section 21-52 and photograph documentation as required in subsection 21-60(4)a.4 and 5.

5.

Certification from a North Carolina registered professional engineer that any and all structures have sufficient structural integrity to accommodate the addition of an antenna with a design minimum of TIA/EIA-222F (as amended).

6.

Failure to comply with any of the criteria in items 1. through 5. shall require the application to be reviewed as a new wireless support structure.

f.

Public safety tower. The deployment of wireless infrastructure for use by local, state and federal government agencies is critical to ensuring the public safety and general welfare of the county's citizens at all times. The provision of reliable and uniform radio and telecommunications coverage by these agencies can only be secured through construction, operation and maintenance of its own infrastructure. Applications for a public safety tower shall include:

1.

Two (2) copies of a site plan prepared by a registered professional engineer or a professional land surveyor as provided in section 21-52 including items in subsection 21-60(4)a.1.i.

2.

Documentation substantiating the owner and applicant for the public safety tower is either a local, state or federal agency.

3.

Fall zone certification from an NC Registered Professional Engineer in compliance with subsection 21-60(4)c.

4.

No Hazard to Air Navigation determination from the Federal Aviation Administration (FAA) and No Adverse Effect determination from the NC State Historic Preservation Office (NCSHPO). Both determinations must be dated within twelve (12) months of the public safety tower application submittal.

5.

A public safety tower is not subject to the height and location standards of subsection 21-60(4)b.

6.

Co-locations of commercial wireless facilities on a public safety tower may be considered under the provisions of subsection 21-56(6)d.

g.

Utility wireless support structure. In order to maintain the operation of the electric power grid and utility pipelines for the welfare and safety of the public, electric and public service utility providers must be able to remotely monitor their key facilities, including electrical substations, pipelines, etc. New utility wireless support structures may be evaluated in all zoning districts and approved administratively, provided the following SR are met:

1.

The utility wireless support structure may only be for use by the electric or public service utility provider.

2.

Two (2) copies of a site plan prepared by a registered professional engineer or a professional land surveyor as provided in section 21-52 including information in 21-60(4)a.1.i.

3.

Documentation substantiating the owner and applicant for the utility wireless support structure is an electric or public service utility provider.

4.

Fall zone certification from an NC Registered Professional Engineer in compliance with Section 21-60(4) (c).

5.

No hazard to air navigation determination from the Federal Aviation Administration (FAA) and no adverse effect determination from the NC State Historic Preservation Office (NCSHPO). Both determinations must be dated within twelve (12) months of the utility tower application submittal.

6.

The utility wireless support structure shall be a monopole not to exceed one hundred fifty (150) feet. Height extensions up to one hundred ninety-nine (199) feet in the Rural Agricultural (RA), Rural Residential (RR) and Neighborhood Business (NB); and two hundred fifty (250) feet in the Commercial, Business, Industrial (CBI), Industrial (IND) and the 85-ED districts may be considered as a special use subject to the process outlined in section 21-57 through 21-59 if all other standards in this subsection are met.

7.

An existing wireless support structure may be used to accommodate the related wireless facilities associated with the electric or public service utility as provided in section 21-56(6)d. However, use of a utility wireless support structure to accommodate wireless facilities shall be subject to the requirements of section 21-60(4).

h.

Satellite Earth Station (SES).

Purpose and intent. Rowan County recognizes the social, economic, and educational benefits of adequate access to broadband internet service for residents, businesses, and other users in the county. Goals of the 2018 board of commissioners initiated broadband task force sought to further this interest by addressing needs of the unserved and underserved residents, enhancing existing capabilities, and supporting good governance. Concurrently, development standards are necessary to protect the public health, safety, general welfare, and aesthetic interests of the county in the location of a Satellite Earth Station (SES) while adhering to chapter 47 section 25.104 of the Code of Federal Regulations. It is the intent of this subsection to place the minimum regulation necessary to address:

1.

Health/safety/aesthetics. The county seeks to ensure the health and safety of its residents and preserve community aesthetics through these regulations by ensuring equipment is structurally stable, securely fenced, warning signage provided, and minimize potential interference with aircraft communications in the AZO.

2.

General welfare/aesthetics. Adequate separation from residential uses, screening, height limitations, maximum equipment compound size, and limited noise at the property line.

a.

Applicability. This subsection applies to a SES containing an antenna dish larger than 6.57 feet in diameter. Nothing contained in this subsection shall be interpreted to include private non-commercial antenna identified in sections 21-275 and 21-277 used in conjunction with an on-site dwelling or non-residential use to receive telecommunication services from a network provider.

b.

Site plan. Applications shall include two (2) copies of a site plan prepared by a registered professional engineer or a professional land surveyor as provided in section 21-52 including items in section 21-56(6)(e)5 and section 21-60(4)a.1.i.

c.

Location. The SES shall not be located within the conical or horizontal surface of the AZO for the Mid-Carolina Regional Airport.

d.

Equipment compound. The equipment compound may not exceed two (2) acres.

e.

Height. The maximum height of the dish or antenna, shall be twenty (20) feet.

f.

Fencing and signage. Security fencing, a minimum of six (6) feet in height, shall be installed at the equipment compound perimeter. Clearly visible signs warning of potential RF exposure risk shall be affixed to the security fence in accordance with the Federal Communications Commission (FCC) rules and regulations including their Office of Engineering and Technology (OET) Bulletin 65. No advertising shall be posted on the security fence.

g.

Separation. The equipment compound shall be a minimum of five hundred (500) feet from an existing dwelling unit located in a residential zone. This separation standard does not apply to subsequent improvements made within an equipment compound initially constructed in compliance with this section.

h.

Screening. The equipment compound, less the driveway access and any vehicular turn-around area, shall be screened by a Type A buffer six (6) feet in height.

i.

Noise. Noise generated by the SES shall not exceed sixty-five (65) decibels as measured from the nearest property line or leased area associated with the SES.

j.

Documentation. The network provider shall include:

a.

FCC license to operate at the subject site;

b.

No hazard to air navigation determination from the FAA; and

c.

No adverse effect determination from the NC State Historic Preservation Office (NCSHPO).

Documentation in subsections B and C must be dated within three hundred sixty-five (365) days of the application.

(7)

Additional standards applicable to specific uses listed as SR in the wholesale trade group.

a.

Motor vehicle parts, used (indoor) in the CBI and IND districts (SIC 5015).

1.

Operation. Operations including, but not limited to, dismantling of motor vehicles and storage of motor vehicle parts must be completely contained within a building enclosed on all sides. No junked or wrecked motor vehicles, motor vehicle parts, or junk may be kept outside an enclosed building for any period of time other than periodic unloading of received vehicles and loading of parts or dismantled motor vehicles for off-site delivery completed in a timely manner. Uses that comply with the standards of this subsection are not subject to the specific standards from section 21-246.

(8)

Additional standards applicable to specific uses listed as SR in the retail sales group.

a.

Automotive dealers and gasoline service stations (SIC 55).

1.

DIsplay area. The outdoor display area for automotive sales shall not exceed five thousand (5,000) square feet.

2.

Reserved.

(9)

Additional standards applicable to specific uses listed as SR in the services group.

a.

Automotive repair and services (SIC 75).

1.

Screening required. Junked motor vehicles and motor vehicle parts shall be screened from adjacent property by a six-foot high opaque screening. Vegetative screening, if used, shall be opaque during all seasons of the year and planted and maintained in accordance with article IX.

2.

Storage of junked motor vehicles. The junked motor vehicles shall not be stored in the front yard of the property or in the required front yard setback.

3.

Setbacks for stored junked motor vehicles. The junked motor vehicles shall be a minimum of fifteen (15) feet off the side and rear property line or side street right-of-way and twenty (20) feet off the right-of-way existing at the effective date of this chapter or fifty (50) feet off the centerline of the road if the right-of-way is not established.

4.

Stacking of junked motor vehicles. The junked motor vehicles shall not be stacked higher than the screening.

b.

Membership sports and recreation clubs (SIC 7997 (pt)) all except gun and shooting clubs; baseball club, football club, soccer club, and similar athletic field operation.

1.

Required licenses and permits. The applicant shall provide a copy of all required licenses and permits prior to issuance of a zoning permit.

2.

Recreational facilities located within a major subdivision used exclusively by resident members and their guests in the RA, RR, and RS districts are exempt from the requirements of section 21-55 (2). All other facilities shall be subject to section 21-60(8)(d).

c.

Archery and shooting range (indoor) (SIC 7999 (pt)).

1.

Operation. All discharged shots or arrows must occur within a building enclosed on all sides designed for such use.

d.

Educational services (SIC 82) that include overnight boarding or lodging.

1.

Proof of accreditation by a recognized board, or provide proposed articles of incorporation and by-laws that provide specific criteria for a board of directors including membership makeup and general responsibilities for oversight of the facility.

2.

Projected school enrollment and number of boarders.

3.

Description of curriculum.

4.

Traffic study.

5.

Overnight staffing.

(10)

Additional standards applicable to specific uses listed as SR in the unclassified uses group.

a.

Multitenant developments.

1.

Application. An application shall be provided with:

i.

Site plan as provided in section 21-52; and

ii.

Development name, name(s) and address(es) of owners and park designers.

2.

Board of commissioners review of the development proposal. The board of commissioners shall review the site plan and other pertinent information to ensure that the general health, safety and public welfare have been adequately protected.

3.

Uses allowed. Uses are limited to those provided in the district the multitenant development is located. Uses requiring special use permits shall obtain the required approval prior to issuance of a building permit.

(11)

Residential storage facilities.

a.

The parcel shall be in fee simple ownership.

b.

Minimum lot size shall be the same as for a single-family residence.

c.

The structure shall not exceed the lesser of three (3) percent of the lot size or three thousand (3,000) square feet.

d.

Setbacks shall be at a minimum the same as single family dwellings.

c.

No outdoor storage is allowed except as specifically provided otherwise.

d.

Storage of vehicles shall not be in the front yard.

e.

Outside lighting shall be designed to prevent direct glare on adjoining residences.

Requests for residential storage facilities that exceed three (3) percent of the lot size referenced in subsection (c) but do not exceed three thousand (3,000) square feet may be considered as a special use subject to the process outline in sections 21-57 through 21-59 if all other standards in this subsection are met.

(Ord. of 1-19-98, § IV; Ord. of 2-1-99(1), §§ 6, 7; Ord. of 10-18-99(1); Ord. of 4-21-03; Amend. of 2-20-06(1); Amend. of 4-21-08; Amend. of 11-2-09; Amend. of 9-6-11; Amend. of 3-5-12; Amend. of 3-4-13; Amend. 8-19-13; Amend. of 12-2-13; Amend. of 4-21-14; Amend. of 9-6-16; Amend. of 10-15-18; Amend. of 9-3-19; Ord. of 4-5-21(1); Amend. of 6-21-21; Amend. of 6-20-22; Amend. of 10-16-23; Amend. of 2-19-24; Amend. of 9-15-25)

(a)

The classification of special use is established to provide for the location of those uses which are generally compatible with other land uses permitted in the zoning district in which the special use is located but which, because of their unique characteristics or potential impacts on the surrounding areas or the county as a whole, require individual consideration of their location, design, configuration and/or operation at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location.

(b)

Any use designated in article V as a special use shall be reviewed by the planning director. The planning director shall consult with other appropriate agencies when evaluating special use permits and shall prepare an evaluation report. At a minimum, the staff report shall address the general criteria outlined in section 21-60 of this article.

(Ord. of 1-19-98, § IV; Ord. of 10-18-04; Amend. of 3-7-05; Amend. of 11-2-09; Amend. of 6-21-21)

(a)

Submission. Applications for special use permits shall be submitted to the county planning department accompanied by a nonrefundable fee set by the county board of commissioners. Once received, the planning director shall review the request and, if deemed complete, submit a recommendation to the board of commissioners to schedule a quasi-judicial hearing regarding the request. Incomplete applications will be returned to the applicant with the deficiencies noted.

(b)

Special use review. Planning staff shall prepare and present a report on the application to the board(s) reviewing the application. The board shall evaluate the application with reference to applicable conditions contained in this section as well as general criteria contained in this chapter. When deciding special use permits, the board of commissioners shall follow quasi-judicial procedures. The board of commissioners may impose reasonable and appropriate conditions consistent with G.S. 160D-705(c) upon the special use permit that support the findings found in this article. Conditions and safeguards imposed shall only include requirements for which statutory authority is established.

(c)

Site plan required. Application for special use permit review shall require a site plan as provided in section 21-52 of this article. The planning director may also require additional information reasonably required to review the development proposal.

(d)

Oath. All evidence presented at the hearing with regard to applications for special use permits shall be under oath.

(e)

Required findings. All decisions regarding a special use permit application shall not be approved or denied unless each of the following findings has been made:

(1)

The development of the property in accordance with the proposed conditions will not materially endanger the public health or safety;

(2)

That the development of the property in accordance with the proposed conditions will not substantially injure the value of adjoining or abutting property, or that the development is a public necessity; and

(3)

That the location and character of the development in accordance with the proposed conditions will be in general harmony with the area in which it is located and in general conformity with any adopted county plans.

(f)

Amendments of special use permits. Amendments to approved special use permits may be made as follows:

(1)

Minor changes. Special use permits are considered through a quasi-judicial process and the county recognizes slight deviations in site-specific development proposals may arise, warranting changes to the plans and therefore offers a provision for administrative approval of a minor change. The applicant may submit a written request to the planning director that includes supporting documentation (e.g. federal/state permits, survey/engineering information) substantiating the need for the minor change. After reviewing the record of proceedings, the planning director may consider minor changes that are substantially similar to that approved by the board of commissioners subject to the following criteria:

(a)

Relocation of operational area improvements that do not project into the required setback;

(b)

Structural alterations that do not significantly effect the basic style, ornamentation, and/or character of the building; or

(c)

Change in detail which does not affect the basic relationship of the use to the required standards of the applicable ordinances or condition(s) of approval.

Regardless of section 21-58(f)(1)(a)—(c), the planning director may forward the requested change to the board of commissioners for consideration in the same procedure as required for the original issuance of the special use permit as per section 21-58(a). All other changes shall be reviewed by the board of commissioners as per section 21-58(a). Modifications requesting reduction of the minimum standards within the zoning ordinance shall be treated as a variance request and not considered herein.

(2)

Timing of amendment proposal. Requests for a minor change may be submitted to the planning director at any time, although proposals to change or amend any approved special use permit shall not be considered by the board of commissioners within one (1) year after date of original authorization of such permit or within one (1) year after hearing of any previous proposal to amend or change any such permit unless deemed appropriate by the planning director. Applicants of amendment proposals to the board of commissioners within the one (1) year period denied by the planning director may request referral to the board. Failure of the board of commissioners to set a quasi-judicial hearing regarding an amendment shall constitute denial of the request and conditions of the original permit shall remain in effect.

(g)

Action. Following the required review, the board shall take final action on each special use permit request. After the required hearing is closed, the board shall take one (1) of the following actions:

(1)

Approve the issuance of the permit as requested;

(2)

Approve the issuance of the permit, with additional conditions;

(3)

Continue the request; or

(4)

Deny the request for the permit.

If approved, a special use permit shall expire two (2) years from the date of issuance if the work authorized by the permit has not substantially commenced unless a vesting period longer than two (2) years has been granted in accordance with section 21-11.

(h)

Notification of decision. Notifications shall be delivered in accordance with section 21-315.

(i)

Notice and quasi-judicial hearing. Notice and quasi-judicial hearings shall be as provided in section 21-315.

(j)

Revocation. The board of commissioners may consider revocation of an approved special use permit through the same procedure as the original permit. Following the hearing, the board of commissioners may elect to revoke the permit if it is factually determined that one (1) or more instances listed below have occurred:

(1)

Substantial departure from the approved application, plans, or specifications;

(2)

Refusal or failure to comply with the requirements of any applicable local development regulation;

(3)

False statements or misrepresentations made in securing the approval; or

(4)

Mistakenly issued in violation of an applicable state or local law.

Failure to validate at least one (1) of these instances shall allow the special use permit to remain valid. Petitioners may appeal this decision to superior court.

(Ord. of 1-19-98, § IV; Ord. of 10-18-04; Amend. of 3-7-05; Amend. of 2-20-06(1); Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 3-5-12; Amend. of 4-21-14; Amend. of 9-6-16; Amend. of 6-21-21)

In addition to meeting special standards for a particular use, the applicant must illustrate that he/she can comply with the following criteria when any special use is proposed.

(1)

Adequate transportation access to the site exists;

(2)

The use will not significantly detract from the character of the surrounding area;

(3)

Hazardous safety conditions will not result;

(4)

The use will not generate significant noise, odor, glare, or dust;

(5)

Excessive traffic or parking problems will not result; and

(6)

The use will not create significant visual impacts for adjoining properties or passersby.

(Ord. of 1-19-98, § IV; Amend. of 6-21-21)

The following criteria shall be used in evaluating specific special use permit applications. If no specific requirements are listed for a specific use, then only the general criteria will be used in evaluating the application.

(1)

Agriculture, forestry and fishing group.

a.

Animal shelters, boarding kennels, dog pounds (SIC 0752 (pt)).

1.

Site plan. A site plan shall be provided showing the lot, all existing and proposed buildings, outdoor runs, fencing, and all areas accessible to animals.

2.

Siting. All structures used to shelter animals and outdoor run areas shall be at least one hundred (100) feet from all property lines. Outdoor runs shall be enclosed by a security fence at least six (6) feet in height.

3.

Screening. All structures used to shelter animals and outdoor run areas shall be screened according to section 21-215 (1) from adjacent residentially zoned parcels and are not subject to the distance exemption from section 21-219.

(2)

Mining group: Metal mining (SIC 10), mining and quarrying of non-metallic minerals (SIC 14) except common sand mining.

a.

New facilities. Facilities regulated under this section are considered to be those operations where no mining or quarrying activity has ever occurred; or operations have been abandoned or discontinued for a period of three hundred sixty (360) consecutive days; or its NC Department of Environmental Quality authorized mining permit has expired.

1.

Site plan. A site plan showing the existing lot, all existing and proposed buildings, quarries, pits, stock piles and other relevant features of the quarry operation.

2.

Access. Access shall be gained from a principal arterial or major collector. All access roads shall be fifty (50) feet from any property line and maintained in a dust free manner.

3.

Setbacks. All land disturbing activities shall be located at least three hundred (300) feet from any zone lot line, except uses listed as SIC 1459 "Clay, Ceramic and Refractory Minerals, Not Elsewhere Classified" may reduce the setback to one hundred (100) feet as provided below:

i.

There is no residence within five hundred (500) feet of the property line.

ii.

A fifty-foot wide solid vegetative buffer separates the properties which contains, at a minimum, a row of trees, forty (40) percent of which are large maturing trees and which are not less than ten (10) feet high at the time of planting and are spaced not more than six (6) feet apart.

iii.

The buffer may be used for drainage, erosion control or similar uses but shall not contain areas form which material extraction occurs.

4.

Noise. Noise shall not exceed the levels prescribed in section 21-241 of this chapter.

b.

Existing facilities. Facilities regulated under this section are those mining or quarrying operations that existed prior to enactment of this chapter [February 16, 1998] and have continuously operated and maintained an active mining permit with NC Department of Environmental Quality. Said facilities seeking conforming use status or expansions to their operational areas are subject to these standards.

1.

Site plan. A site plan showing the existing lot, all existing and proposed buildings, quarries, pits, stock piles and other relevant features of the quarry operation.

2.

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

3.

Setbacks. All operational areas not in common ownership of the facility entity shall be setback a minimum of fifty (50) feet from adjoining property lines.

4.

Noise. Noise shall not exceed the levels prescribed in section 21-241 of this chapter.

5.

Blasting. All activities and operations involving blasting that are discernable beyond the external property line shall only be conducted during daylight hours.

(3)

Manufacturing trade group.

a.

Manufacturing group: Pulp mills (SIC 261); paper mills (SIC 262); chemicals and allied products (SIC 28) except Drugs (SIC 283) and Soap, detergents, and cleaning preparations; perfumes, cosmetics, and other toilet preparations (SIC 284); petroleum refining and related products (SIC 29); leather and finishing (SIC 311); hydraulic cement (SIC 324); structural clay products (SIC 325); concrete, gypsum and plaster products (SIC 327); abrasives, asbestos, non-metallic mineral products (SIC 329); primary metal industries (SIC 33); ammunition except for small arms (SIC 3483), ordinance and accessories (SIC 3489); and wholesale trade group: chemical and allied products (SIC 516) and petroleum and petroleum related products (SIC 517).

1.

Minimum lot size.

i.

Five (5) acres for manufacturing group uses regulated under this subsection.

ii.

Ten (10) acres for wholesale trade group uses regulated under this subsection.

2.

Location of structures, storage of materials. The location of principal structures and storage of flammable or hazardous materials shall be two (2) times the required buffer area in article IX. However, parking, storage of nonflammable and nonhazardous materials, etc. may be placed up to the required additional buffer.

3.

Site location. Site shall have primary access to arterial or major collector street. This requirement is not applicable to expansions of facilities regulated under this subsection, which are contiguous to facilities existing prior to August 16, 2004.

4.

Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent entrance to the operational area by unauthorized persons. Fencing standards shall be as specified in section 21-215(2)(b)2.

5.

Dust, odor, glare. Dust, odor, and glare shall not be noticeable at adjacent residential property lines.

6.

Removal and reclamation. Applications for new facilities classified in SIC 28 except Drugs (SIC 283) and Soap, detergents, and cleaning preparations; perfumes, cosmetics, and other toilet preparations (SIC 284), 29, 516 & 517 & temporary use permits for facilities classified as SIC 2951 & 3241 seeking approval pursuant to section 21-281(2) of this chapter may be required to provide written documentation substantiating that the applicant or operator has and will maintain a surety bond payable to Rowan County sufficient to disassemble and remove any outdoor equipment, stockpiles, etc. or reclaim any excavated areas once the facility ceases production for a period of three hundred sixty (360) days. The bond amount shall be based on an estimate provided by a registered professional engineer or architect having professional credentials, recognized expertise or specialization in construction and removal of similar facilities. Renewable bonds are expected to provide updated estimates and reflect increases due to labor costs, demolition practices, addition of equipment, etc. The requirements of this item are not applicable to expansions of facilities regulated under this subsection, which are contiguous to the facilities that existed prior to August 16, 2004.

7.

Screening. Screening standards for new facilities and expansions to existing facilities regulated under this subsection shall be as follows:

i.

New facilities. When a new facility shares a common property line(s) with a more restrictive zoning district, Type B screening requirements established in section 21-215(2)(b)1.—3. of this chapter are applicable to the portion of the facility's operational area bordering that property line(s). New facilities sharing a common property line with an identical zoning district are subject to the screening requirements based on the land use relationships established in section 21-216. However, Type B screening may be necessary in some instances to provide visual separation from the side and rear property lines when characteristics of the site such as topography, vegetation, line of sight with adjacent developed properties, etc. prevent effective screening when employing the standards of section 21-216. Type A screening requirements established in section 21-215(1)(b)1.—4. are applicable to the front yard of the operational area of the facility. Notwithstanding the screening requirements of this section, the preservation of existing vegetation as outlined in section 21-218 shall be depicted of the site plan as appropriate. Applicability of screening and buffering standards of this section are not preempted when adjacent tracts are in common ownership or a tract is subdivided in an attempt to circumvent these requirements.

ii.

Expansions to existing facilities. Contiguous expansions of facilities regulated under this subsection, which existed prior to August 16, 2004, are subject to the land use relationships established in section 21-216.

8.

Separation. The facility shall be no closer than one-half (½) mile from a church, licensed daycare, public or private school, health care facility, public park or existing inhabited dwelling. The distance shall be measured from any portion of the property dedicated or utilized for the function of the church, licensed daycare, public or private school, health care facility, public park or existing inhabited dwelling including, but not limited to, buildings, recreation and parking areas, etc. and the nearest point of the operational area of the proposed facility. The standards of this item are not applicable to expansions of facilities regulated under this subsection, which are contiguous to the facilities that existed prior to August 16, 2004.

b.

Winery (SIC 208 (pt)). Facilities must be operated in association with an on-site vineyard sufficient to serve as the primary crop source in the production.

1.

Setbacks. The facility shall meet the setback requirements of section 21-84 (Table of dimensional requirements).

2.

Screening. The facility shall meet the screening requirements of article IX (Screening and buffering).

3.

Licenses and permits. All required licenses and permits (i.e. environmental health, ABC, etc.) shall be obtained prior to operation of the facility.

(4)

Transportation, communications, electric, gas and sanitary services group: Communications and wireless support structures (SIC 48 (pt)).

a.

New wireless support structures. For all new wireless support structures, the county encourages the applicant to investigate preferred sites and those locations that minimize the impact to the North Carolina Scenic Byway corridor. In the event the new wireless support structure cannot be located at a preferred site, evidence that the applicant has investigated the possibilities for co-location on an existing wireless support structure shall be presented with its application. At a minimum the evidence should contain:

1.

Copies and responses of certified letters sent to owners/operators of all existing towers and structures with telecommunications facilities within the search ring of the proposed site, requesting the following information:

i.

Height above ground and sea level.

ii.

Existing tenants, including any telecommunication service providers and planned tower use.

iii.

Whether the existing site could accommodate the addition of their wireless facilities.

v.

If the addition of their wireless facilities cannot be accommodated, an assessment of whether the existing site could be upgraded and a general description of the means and projected costs of shared use of the tower.

2.

Inventory of all preferred sites and alternative tower structures considered within the search ring, including specific analysis of each preferred site and alternative tower structure outlining positive and negative aspects for utilizing.

3.

A completed application for a new wireless support structure shall include:

i.

Two (2) copies of a site plan registered professional engineer or a professional land surveyor as provided in section 21-52.

ii.

Topography information for the equipment compound and fall zone including base elevation of wireless support structure or alternative tower structure.

iii.

Tower height and height of antenna location (if different).

iv.

Setbacks including ingress and egress easements, fall zone, fencing and screening requirements found in subsection 21-215(1)b.1.—3.

v.

Adjacent land uses and the separation distance from antenna facility to the nearest occupied residential dwelling.

4.

Using the latitude and longitude of the proposed wireless support structure location as a fixed point, obtain actual photographs of the site that present a 0-degree (north); 90-degree (east); 180-degree (south); 270-degree (west) perspective toward the fixed point from the nearest North Carolina DOT maintained roads in relation to the site.

5.

Utilizing each of the photographs from item 4. above, create a simulated photographic image of the proposed wireless support structure or antenna addition to an alternative tower structure from each of the perspectives referenced above depicting the tower at a scale relative to its surroundings with specific regard to height and width.

6.

Engineering report certifying the tower is compatible for co-location with a minimum of five (5) compatible users including the primary user and copy of co-location policy.

b.

Tower heights and types. To maintain the character of the rural areas of the county and allow for placement in the commercial and industrial areas of the county, new wireless support structures will be regulated in the following manner:

1.

Rural Agricultural (RA), Rural Residential and Neighborhood Business (NB) districts. Monopole not to exceed one hundred ninety-nine (199) feet based on five (5) co-located antenna arrays.

2.

Commercial, Business, Industrial (CBI), Industrial (IND), 85-ED-1, 85-ED-2, 85-ED-3, and 85-ED-4. Monopole or lattice tower not to exceed two hundred fifty (250) feet based on six (6) co-located antenna arrays.

3.

Requirements 1. and 2. of this subsection may be modified by the board of commissioners based upon:

i.

Evidence presented by the applicant that demonstrates a height increase is in the interest of public safety or is necessary to provide the applicant's designed service.

ii.

An alternative design would better blend into the surrounding environment regardless of zoning district.

c.

Provisions for tower safety. New towers must either be so designed as to land upon its own property or lease area in the event of a fall as certified by a North Carolina registered professional engineer or have a minimum lot size or lease area no less than ten thousand (10,000) square feet and have an accompanying fall zone easement equal to the tower height plus ten (10) feet. New composite tower shall, at a minimum, fully loaded, comply with TIA/EIA-222F.

d.

Retention of consultant. The county may elect to retain a consultant or professional services to review the application and make determinations and recommendations on relevant issues including, but not limited to, verification of the applicant's due diligence, analysis of alternatives and compliance with state and federal rules and regulations. The applicant shall pay any expense for consulting or professional services in excess of the application fee. The county shall require any consultants to disclose any potential conflicts of interest and to hold confidential any proprietary information supplied by the applicant. At the request of the applicant, the zoning administrator shall arrange an informal consultation with the applicant to review the consultant's report prior to any hearing on the application. All determination costs not excluded by G.S. 160D-933(d) are reimbursable by applicant.

e.

Obstruction lighting and marking. Wireless support structures located within the county's airport zone overlay may exhibit obstruction lighting and marking in accordance with the Federal Aviation Administration standards. All other towers shall be of galvanized finish, or painted with a rust protective paint of an appropriate color to harmonize with the surroundings as approved by the board of commissioners. Requirements of this subsection may be modified by the board of commissioners based upon an increase in tower height or location in another jurisdiction's regulated air space or in the interest of public safety.

f.

FCC license required. The applicant for a new wireless telecommunication facility must be currently licensed by the FCC to provide fixed or mobile wireless communication services, or if the applicant is not such an FCC licensee, must demonstrate that it has binding commitments from one (1) or more FCC licensees to utilize the wireless telecommunication site once constructed.

(5)

Electric, gas, and sanitary services.

a.

Electric services (SIC 491) all except solar energy systems, gas production and distribution (SIC 492), Combination electric and gas and other utility (SIC 493), sewerage systems (SIC 4952), refuse systems (SIC 4953 (pt)), and land clearing and inert debris landfill [LCID] (SIC 4953 (pt)).

1.

Setbacks. All operational areas, including disposal areas, shall be at least two hundred (200) feet from a zone lot line.

2.

Separation. Operational areas shall be at least three hundred (300) feet from any residence, church, or school.

3.

Dust, odor, glare. All access roads and storage areas shall be at least twenty (20) feet from any property line, constructed with a paved, gravel, or crushed stone surface; and maintained in a dust-free manner.

4.

Operation. An information sign shall be posted and maintained at the entrance(s) which lists the name and phone number of the operator, types of material accepted, and hours of operation.

5.

Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent unregulated dumping of materials.

6.

Other special conditions. Proof of a permit issued by the state in accordance with applicable provisions of the General Statutes.

7.

LCID operations. An LCID site comprising one-half (½) acre or less is governed by section 21-277(b)5; otherwise, LCID sites are subject to the standards of this subsection.

b.

Utility scale solar energy systems. (SIC 491 (pt))

1.

Setbacks. The system area and equipment setbacks shall be as follows:

i.

System area.

(1)

One hundred (100) feet from adjoining property lines and road rights-of-way.

(2)

Common property lines within the system area are not subject to setback standards.

ii.

Equipment setbacks. All proposed inverters, substations, buildings, or other structures not utilized as a solar collector shall be located within the system area and separated by a minimum of three hundred (300) feet from any existing residence, church or school.

2.

AZO. Location within the conical or horizontal surfaces of the Mid-Carolina Regional Airport is not permitted. Systems proposed within the approach surface of the AZO shall provide an approved FAA form 7460-1.

3.

Size. To preserve industrial properties for job creation, tax base and economic development opportunities, the maximum system area shall be no greater than twenty-five (25) acres.

4.

Screening, buffering and fencing. To reduce visual impacts and provide separation between the system area and an existing residence, church or school on an adjoining property located within three hundred (300) feet of the system area perimeter, the applicant may propose use of option (i) or (ii) noted below:

i.

Standards contained in sections 21-215(2)(b)(1) and (2) applied to the segment(s) of the system area perimeter adjacent to the developed parcel, or

ii.

Demonstrate by photo simulation that use of alternative buffer and screening per section 21-217 and, or existing vegetation per section 21-218 will achieve or exceed the standards of item (i) herein.

iii.

Security fencing six (6) feet in height shall be provided along the entire system area boundary, except along a segment where 21-215(2)(b)(2) is required.

5.

Glare. All solar collectors utilized in the solar energy system shall have an anti-reflective coating. The applicant shall provide the manufacturer, model number and any other information that readily identifies the solar collector to be utilized at the site.

6.

Supplementary materials. The applicant shall provide the following with the special use permit application:

i.

Any relevant studies, reports, documents, recommendations or approvals related to the site that were prepared or received as part of its application to the North Carolina Utilities Commission.

ii.

Evidence that the electrical utility provider has been informed by the applicant of their intent to install an interconnected system. Evidence may consist of copies and responses of certified letters (or similar) to the utility provider detailing their solar energy system plans, location, etc.

iii.

A copy of the certificate of public convenience and necessity for facilities over two (2) megawatts or a copy of the report of proposed construction for facilities under two (2) megawatts approved by the North Carolina Utilities Commission.

7.

Required plans.

i.

Decommissioning plan. The applicant shall provide a decommissioning plan that includes a cost estimate prepared by a North Carolina Professional Engineer having professional credentials, recognized expertise or specialization in construction and removal of similar facilities detailing how the solar energy system will be removed and system area will be reasonably restored to its original condition in the event it does not produce energy for a three hundred sixty (360) day continuous basis. Acceptance of the decommissioning plan and cost estimates by Rowan County shall be subject to independent review by a North Carolina Professional Engineer of the county's selection. Prior to permitting, the applicant shall provide Rowan County financial surety at one and twenty-five hundredths (1.25) times the mutually agreed cost estimate amount, which will remain in effect for the first ten (10) years of operation.

At a minimum, the contents of the decommissioning plan shall include the cost estimates referenced herein and information found in the North Carolina Template Solar Ordinance's Example Decommissioning Plan updated to reflect the site's locational attributes. This plan shall be recorded in the Rowan County Register of Deeds prior to construction of the site.

An updated decommissioning plan detailing costs shall be submitted to the planning department at least six (6) months prior to the ten-year anniversary of installation and six (6) months prior to every five (5) year anniversary thereafter. In addition to the updated decommissioning plan submittals, the system owner shall provide an analysis of the power produced annually by the facility; an operational efficiency and status report of the panels and equipment; and any intended upgrades or replacements of panels, equipment, etc. Acceptance of the updated plans and estimates by Rowan County shall be subject to independent review by a North Carolina Professional Engineer of the county's selection. A new financial surety at one and twenty-five hundredths (1.25) times the mutually agreed cost estimate amount shall be provided by the owner/operator to Rowan County for the time period associated with the updated plan.

The system owner/operator may request an extension of the three hundred sixty (360) day period to prevent execution of the decommissioning plan. The request shall be considered in the same manner as approval was granted.

ii.

Maintenance plan. The applicant shall provide a narrative detailing the manner, schedule and party responsible for ensuring routine maintenance of the solar energy system will occur. At a minimum, the plan must address the grounds, buffer, fencing, solar collectors and associated support structures, electrical connections, etc. Similarly, the plan must detail maintenance actions following storm events (wind, snow, etc.) and natural disasters (tornado, fire, etc.) that may cause damage to the facility.

iii.

Emergency access plan. The applicant shall provide the Rowan County Emergency Services Director, Rowan County Fire Marshal and local fire department having jurisdiction an emergency access plan for their review.

(6)

Wholesale trade group.

a.

Motor vehicle parts (outdoor), used in the IND district (SIC 5015).

1.

Operation. Operations, including, but not limited to, storage of dismantled motor vehicles or motor vehicle parts or keeping of junk which are not fully contained within a building enclosed on all sides shall be subject to the standards of this subsection.

2.

Setbacks. No material shall be stored closer than one hundred (100) feet to a public right-of-way.

3.

Security fencing. Security fencing, a minimum of six (6) feet in height, shall be provided and maintained to preclude unauthorized access.

b.

Livestock yard.

1.

Setbacks. One hundred (100) feet between improvements such as buildings, animal enclosures, and storage areas and any zone lot line.

2.

Dust, odor, glare. All access roads and storage areas shall be maintained in a dust-free manner.

(7)

Retail trade group: Drinking Places (alcoholic beverages - SIC 5813).

a.

Separation. No drinking place shall be located within one thousand (1,000) feet of a church, public or private school, licensed day care, public park, or another drinking place. This distance shall be measured between the nearest point of operational areas for both the above uses and the proposed drinking place. This separation standard does not apply to non-conforming drinking places seeking approval under this subsection to expand within the existing operational area but does apply to drinking places deemed abandoned or discontinued per section 21-137.

(8)

Services group.

a.

Archery ranges, shooting ranges, skeet ranges, trapshooting facilities and similar establishments including turkey shoots (outdoor) (SIC 7999 (pt)). The requirements for all facilities requiring a special use permit are as follows. Turkey shoots operated by churches, civic groups or similar nonprofit organizations are exempt from these requirements.

1.

Shot containment. Shooting range facilities shall be designed to contain all the bullets, shot, or arrows or any other debris on the range facility.

2.

Noise mitigation. Noise levels measured at the property line where the facility is maintained or, in the case of leased land at the property line of any leased parcel shall not exceed the limits as provided in the county noise ordinance.

3.

Setbacks. Notwithstanding the performance standards above, all shooting stations on a range facility shall be located a minimum of three hundred (300) feet from any zone lot line for firearm facilities and one hundred (100) feet for archery facilities. All targets shall be a minimum of fifty (50) feet from any property line.

4.

Warning signs. Warning signs shall be posted at one-hundred-foot intervals along the entire perimeter of the shooting range facility. The signs shall be constructed of highly visible materials and colors.

5.

Hours of operation. Shooting ranges shall be allowed to operate between sunrise and sunset, except that the hours may be extended for other purposes as follows:

i.

When a permit allowing such activity is issued in advance by the administrator;

ii.

For operation of the shotgun shooting range; or

iii.

For purposes of subdued-lighting certification of law enforcement officers; and

iv.

On Sundays, shooting shall not commence before 12:30 p.m.

6.

Additional site plan information. Complete layout of each range, including shooting stations or firing lines, target areas, shotfall zones or safety fans, backstops, berms and baffles, projected noise contours for firearm shooting ranges, and existing and proposed structures, occupied dwellings within one-fourth (¼) mile, roads, streets, or other access areas, buffer areas, and parking areas for the range facility.

7.

Additional requirements for pistol/rifle shooting ranges. Projectiles from pistol/rifle shooting areas shall be contained by an earthen berm or existing natural topography a minimum of fifteen (15) feet in height.

8.

Exceptions. Operational hours may be increased under the following conditions:

i.

A permit allowing such activity is issued in advance by the administrator; or

ii.

The hours of operation may be increased no more than six (6) times a year for an official shooting tournament involving thirty (30) or more participants, without requiring a permit from the administrator.

9.

Lighting. Lighting shall be located and designed to prevent light from directly shining on adjacent residential property.

10.

Licenses and permits. All required and permits shall be obtained prior to operation of the facility.

11.

Trail marking. All trails for archery ranges shall be clearly marked to the shooting stations and shooting station signs shall be clearly visible.

12.

Insurance. The organization shall maintain a minimum of one million dollars ($1,000,000.00) general premises liability insurance for accident or damage suffered by persons on or near the site.

b.

Cabins (SIC 7011), Campgrounds and recreational vehicle parks (SIC 7033).

1.

Minimum lot size. The minimum lot size is two (2) acres.

2.

Setbacks.

Front .....50 feet

Side street .....30 feet

Side .....20 feet

Rear .....20 feet

3.

Density. The minimum size of spaces shall be determined by the county health department.

4.

Interior drives. Interior drives shall be a minimum of eighteen (18) feet compacted gravel six (6) inches thick. "Hammerhead" style turnarounds or suitable alternative shall be provided at the terminus of all interior roads subject to inspection and approval by the Rowan County Fire Marshal. Each internal road shall have a road name and addresses for each site or space displayed, regardless of occupancy, in accordance with provisions of chapter 19.5 of the Rowan County Code of Ordinances.

5.

Parking. No parking will be allowed on public streets. Off-street parking and loading space shall be provided in sufficient quantity to accommodate all parking and loading on-site. At a minimum, one (1) parking space per space or unit shall be provided.

6.

Screening and buffering. Land uses in this category shall be considered a group 2 use and shall be screened accordingly.

7.

Additional standards. The standards noted below are in addition to those listed in this subsection, but applicable only to RV parks:

i.

Water supply. A dedicated method for providing an adequate on-site potable water supply, which may include an individual or multi-connection well system approved and permitted by the Rowan County Health Department or connection to a municipal system where available.

ii.

Sewage disposal. A dedicated method for providing an adequate on-site sewage collection disposal system, which may consist of an engineered septic tank system or dump station subject to approval by Rowan County Health Department or connection to a municipal system where available.

iii.

Trash removal. Provide a centralized trash dumpster(s) to accept the solid waste and or garbage generated by the RV park occupants. The dumpster should be emptied on a regular basis to prevent odor, rodents, etc., with its contents being disposed of at a facility licensed to accept the material(s).

iv.

Street addressing. Unless currently in compliance, the owner or operator of any RV park subject to the jurisdiction of this chapter, shall have twelve (12) months from the adoption of these amendments to have all internal streets and each site or space addressed and displayed in accordance with chapter 19.5 of the Rowan County Code of Ordinances.

v.

Additions. Additions are not prohibited, but must be freestanding structures and obtain all requisite permits.

c.

Zoological garden (SIC 8422) located in the CBI district.

1.

Site plan. A site plan shall be provided showing all fencing, exhibit and storage areas, with types of animals specified.

2.

Minimum lot size. The minimum lot size is twenty (20) acres.

3.

Smoke, odors, dust. Operations shall not create any smoke, odors, or dust at a level which creates a nuisance to any person or normal sensitivities at the property lines.

4.

Setbacks. All animal waste storage areas shall be a minimum of two hundred (200) feet from any zone lot line.

5.

Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent entrance by unauthorized persons. Containment of animals shall be sufficient to ensure the safety of the surrounding area and the county.

d.

Membership sports and recreation clubs (SIC 7997 (pt.)) all except baseball club, football club, soccer club, and similar athletic field operation. The requirements of this section shall not apply to uses that comply with section 21-56(9)(b).

1.

Site plan. A site plan shall be required as provided in article III, section 21-52.

2.

Buffering. All parking areas shall be screened by a type A buffer from residentially zoned area.

3.

Lighting. Lighting shall be located and designed to prevent light from directly shining on adjacent residential property.

e.

Civic, service and social fraternities (SIC 8641).

1.

Buffers. All buildings off street parking and service areas will be separated by a type A buffer from an abutting property in a residential zoning district or abutting a residential use.

2.

Site plan. A site plan is required.

3.

Lot size. The minimum zone lot size shall be two (2) acres.

4.

Setbacks. Structures shall have fifty (50) feet side and rear yard setbacks.

5.

Provision of food and refreshments. Provision for food, refreshment and entertainment for club members and their guests may be allowed in conjunction with this use if the board of commissioners determines that said provisions will not constitute a nuisance.

f.

Model automobile racing (SIC 7999(pt)). Use of these vehicles on a personal basis shall not be regulated in this section.

1.

Minimum lot size. The minimum lot size shall be three (3) acres.

2.

Setbacks. A fifty-foot separation from operational area to adjacent properties and road rights-of-way.

3.

Screening. Type A screen is required around operational area.

4.

Noise. The operation shall not exceed the maximum allowable noise levels as provided in section 21-241.

5.

Facility. Track operation must be outdoors. Indoor operations must be located in the NB, CBI, or IND zoning districts. The zoning administrator shall determine elements that constitute indoor.

g.

Rodeos, horse shows, rental of saddle horses, riding academies and schools, and riding stables (SIC 7999 (pt)).

1.

Smoke, odors, dust. Operations shall not create any smoke odors or dust at a level which creates a nuisance to any person or normal sensitivities at the property line.

2.

Setbacks. All animals and animal storage areas shall be a minimum of one hundred (100) feet from any zone lot line.

3.

Parking. Adequate off-street parking shall be provided for participants and spectators.

4.

Noise. Noise shall not exceed the level allowed in the county noise ordinance for residential districts and chapter 14 of the Rowan County Code of Ordinance for any associated amplified sound.

(9)

Unclassified uses: Adult uses.

a.

Spacing. No adult use shall be located within one thousand three hundred twenty (1,320) feet from any church, public or private school, day care, public park, single-family or multifamily residence, any hotel, motel, inn, tourist camp, or similar place designed for overnight accommodation, or another adult use. This distance shall be measured from any portion of the property dedicated or utilized for the function of the above uses and the nearest point of the operational area for the proposed adult use.

b.

Treatment of windows, doors, etc. All windows, doors, openings, etc. for all adult uses shall be so located, covered, screened or otherwise treated so that views into the interior of the establishment are not possible.

c.

No adult use shall include within the establishment any quarters designed for more than one (1) person to view any adult materials while in the same immediate vicinity, other than the primary sales area of said adult establishment.

d.

No adult use shall include within the establishment any private viewing areas designed for use by more than one person at any given time, nor shall any adult use permit more than one person at a time to occupy any private viewing area.

e.

No adult use shall include within the establishment any means of adjoining connections between private viewing areas designed to allow more than one person any access to a single private viewing area at a time. "Adjoining connections" includes, but is not limited to, any doors, windows, access panels, opening of any size whatsoever, in walls that separate individual viewing areas.

An adult use operating as a conforming use shall not be made nonconforming by the subsequent location of a church, public or private school, day care, public park, single-family or multifamily residence, any hotel, motel, inn, tourist camp, or similar place designed for overnight accommodation, or another adult use within one thousand three hundred twenty (1,320) feet of the adult use.

f.

If approved for a special use permit, an application and a nonrefundable fee must be presented to the zoning administrator to obtain an adult use license. At a minimum, the application shall include the following:

1.

Sufficient evidence to determine compliance with applicable portions of subsection 21-60(9).

2.

Sufficient evidence to determine compliance with any conditions of approval imposed by the board of commissioners.

3.

Acknowledgement that a supervisor will be present during hours of operation to enforce all applicable standards of approval.

4.

Acknowledgement that the business shall permit staff from appropriate county, state, or federal governments to inspect site for compliance with all applicable regulations any time during hours of operation.

5.

License fee as required by the board of commissioners.

6.

Acknowledgement that, if approved, license must be renewed annually to continue operation of business. Applicants must promptly reapply thirty (30) days before the expiration date to ensure a timely response.

The zoning administrator will approve or deny the license request within thirty (30) days of receiving the request. A license may not be issued if one (1) of the following findings has been made:

1.

License fee has not been received.

2.

Application is not complete or contains false information.

3.

Site is currently in violation of zoning ordinance or condition of approval.

No adult use business may operate until the zoning administrator has approved the license request. The license shall expire one (1) year from the date of approval and may only be renewed by a subsequent application.

Inspections. The zoning administrator shall suspend an adult use license for thirty (30) days if one (1) of the following determinations has been made:

1.

Refuse inspection by officials permitted by this chapter during hours of operation.

2.

Provided false or misleading information during the special use or licensing process.

3.

Site is not in compliance with zoning ordinance or conditions of approval.

The adult use license will be revoked if, after the suspension period, the zoning administrator has determined that one (1) of the above findings is still accurate.

(10)

Racetracks (SIC 7948 (pt)).

a.

Lot size. The minimum lot size shall be twenty (20) acres for a go-kart track and shall be fifty (50) acres for drag strips and motor speedways.

b.

Location. The racetrack facility shall be located on a lot which has direct access to; or is contained in a commercial or industrial park which has direct access to a major thoroughfare, major collector, minor thoroughfare, minor collector, principle arterial, or interstate service road.

c.

Lighting. No lights shine on abutting residential property.

d.

Setbacks. Go-kart tracks and stands shall be set back three hundred (300) feet from the property line. All other operations including parking shall be set back one hundred (100) feet from the property line. Drag strip and motor speedway operations, including parking, shall be set back three hundred (300) feet from side and rear property lines and one hundred (100) feet from all front and side street property lines.

e.

Security fencing. A secure fence shall be provided to restrict entry when the facility is not open.

f.

Buffer. Notwithstanding other provisions of this chapter, a type B buffer shall be provided along all side and rear property lines unless the facility abuts a similar operation.

g.

Hours of operation. Hours of operation shall not exceed 7:00 a.m. to 11:00 p.m.

h.

Muffled race vehicles. All vehicles shall be equipped with mufflers.

i.

Noise standards. The operation of the track will not exceed the maximum allowable noise levels as provided in this chapter or the county noise ordinance.

(11)

Manufactured home parks.

a.

Application. An application shall be provided with:

1.

Site plan as provided in section 21-52; and

2.

Manufactured home park name, name(s) and address(es) of owners and park designers.

b.

Board of commissioners review of the development proposal. The board of commissioners shall review the site plan and other pertinent information to ensure that the general health, safety and public welfare have been adequately protected. In approving the plan, the following criteria must be met:

1.

Adequate transportation access to the site exists;

2.

The use will not significantly detract from the character of the surrounding area;

3.

Hazardous safety conditions will not result;

4.

The use will not generate significant noise, odor, glare, or dust;

5.

Excessive traffic or parking problems will not result; and

6.

The use will not create significant visual impacts for adjoining properties or passersby.

c.

Setbacks from external property lines. Setbacks for manufactured homes from adjacent property lines and rights-of-way are fifty (50) feet.

d.

Setbacks within park. Setbacks for spaces within park, measured from edge of applicable street or property line:

Front .....20 feet

Side .....15 feet

Rear .....20 feet

e.

Proximity to a livestock facility. No manufactured homes within a manufactured home park shall be located within three hundred (300) feet of any livestock facility.

f.

Parking. Each manufactured home space shall have four hundred (400) square feet of parking with four (4) inches of compacted stone on a well compacted subgrade.

g.

Public road frontage. The park is required to have thirty-five (35) feet of frontage on a publicly maintained road.

h.

Internal street standards.

1.

Generally. All lots shall be served by an internal street. No access directly to an existing state road is allowed for individual lots. Internal streets shall be paved a minimum of sixteen (16) feet wide. The base course shall be six-inch ABC or three-inch BCBC. The pavement surface shall consist of BST or one and one-half-inch BST or I-2. All materials shall meet the standards set forth in the latest edition of the North Carolina Standard Specifications for Roads and Structures. The subgrade, base course, and pavement surface shall be inspected and approved by the county planning and development department before a certificate of occupancy is issued. The owner of the park shall be responsible for coordinating inspection of each phase of street construction with county planning and development department. The owner of the manufactured home park shall be responsible for arranging required internal street inspections with the planning department a minimum of twenty-four (24) hours in advance. Drainage shall be reviewed prior to issuing a certificate of occupancy for the manufactured home park. All storm drainage shall be adequate so that the road may be maintained without excessive cost and will not cause flooding. In areas where ditch grades or qualities of flow deem it impractical to maintain and establish vegetation, an erosive resistant lining, such as paving or rock riprap may be required. Subsurface drainage shall be adequate to maintain a stable subgrade.

Note: Subgrade. No base course shall be placed on muck, pipe clay, organic matter or other unsuitable material. The zoning administrator may require a subgrade soil test, if needed, to determine the soils classification type.

2.

Abbreviations.

ABC: Aggregate Base Course, No. 7 Stone.

BCBC: Bituminous Concrete Base Course, Type HB (Black Base).

BST: Bituminous Surface Treatment.

I-2: Bituminous Concrete Surface Course, Type I-2 (Note: I-1 may be used in lieu of I-2).

SA: Bituminous Concrete Surface Course, Type F-1 (Sand Asphalt).

i.

Street names. Permanent street names shall be assigned to all internal streets.

j.

Signs. Signs shall be provided as follows:

1.

Street name signs shall be provided;

2.

One (1) identification sign is required at each entrance to the manufactured home park.

k.

Space numbering. Each space shall have a site number, a minimum of four (4) inches in height clearly visible from the internal street serving the space.

l.

Lighting. Street light at all intersections, internal and with public roads. Street lights at intervals no greater than five hundred (500) feet for parks with ten (10) or more spaces.

m.

Trash removal. The owner of the park shall provide one (1) of the following methods:

1.

Provision of centralized trash dumpsters; or

2.

Provision of individual covered trash containers, picked up at least once a week.

n.

Density. Density shall be calculated per gross acre as follows:

1.

Individual well and septic tank: Twenty thousand (20,000) square feet per unit.

2.

Public water or public sewer: Fifteen thousand (15,000) square feet per unit.

3.

Public water and public sewer: Ten thousand (10,000) square feet per unit.

(12)

Broadcast towers: SIC 4832 radio and SIC 4833 television broadcasting.

a.

Co-location. In order to limit visual impacts in the RA district, co-location of radio and broadcast antennas on existing broadcast towers should be the primary method for providing new or expanded radio and television coverage. Inasmuch as co-location is the preferred method for providing new or expanded radio and television coverage, co-locations may be approved administratively provided the following criteria accompanies the request:

1.

Two (2) copies of a site plan prepared by a registered professional engineer or professional land surveyor as provided in section 21-52.

2.

Height above ground and sea level of broadcast tower and height of antenna for proposed co-location.

3.

Existing tenants on the broadcast tower and their heights above ground and sea level.

b.

Analysis of existing broadcast towers. In the event the broadcast antennas cannot be co-located on an existing broadcast tower, evidence that the applicant has explored co-location opportunities with all broadcast towers in Rowan County shall accompany an application for a new broadcast tower. At a minimum, evidence of their due diligence should include:

1.

Inquires and responses to existing broadcast tower owners/operators within Rowan County requesting the following information:

i.

Tower height and height available for co-location.

ii.

Assessment of whether tower could be upgraded to accommodate their co-location, i.e. structural and/or increase in height.

2.

Using each of the broadcast towers inventoried above, provide a station coverage map depicting the anticipated signal contours for city grade vs. market grade based on height available for co-location. Areas of signal overlap and interference with other broadcast stations (as applicable) should be distinguished as well or provided on a separate map. The map(s) should depict principal arterial roads, municipal and county boundaries.

c.

New broadcast towers. All applications for new broadcast towers should contain the following:

1.

Two (2) copies of a site plan prepared by a registered professional engineer or professional land surveyor as provided in section 21-52.

2.

Topography information for site; base elevations of tower site; tower height and antenna location.

3.

Setbacks including access easements, fall zone, fencing and screening requirements found in section 21-215(1)b.1.—3.

4.

Using the latitude and longitude of the proposed tower location as a fixed point, obtain actual photographs of the site that present a zero (0) degree (north); ninety (90) degree (east); one hundred eighty (180) degree (south); two hundred seventy (270) degree (west) perspective toward the fixed point from the nearest North Carolina DOT maintained roads in relation to the site.

5.

Create photo simulations from each of the perspectives referenced above depicting the tower at a scale relative to its surroundings with specific regard to height and width.

6.

Certification from registered professional engineer that channel, frequency and power of transmitter are operating within FCC licensing limits.

7.

Provide a station coverage map depicting the anticipated signal contours for city grade vs. market grade. The map should depict principal arterial roads, municipal and county boundaries.

8.

Indicate the total population and number of persons located within the coverage area based on most recent decennial census; specifically indication the same for Rowan County.

9.

If the broadcast tower application is a site move or city of licensure change, provide the total population based on most recent decennial census and population based on most recent decennial census that will no longer receive coverage.

d.

Tower viewshed. New broadcast tower locations should limit visual impacts to the North Carolina Scenic Byway, National Register of Historical Properties and those on the statewide study list for inclusion in the National Register program. In an effort to portray the visual impacts the tower has on the surrounding area, the applicant shall provide terrain profile maps prepared in the following manner:

1.

Using the latitude and longitude of the proposed tower location as a fixed point, prepare terrain profile maps portraying line-of-site from the highest point on tower to limits of its visibility.

2.

Maps should be from the perspective that present zero (0) degree (north); ninety (90) degree (east); one hundred eighty (180) degree (south); two hundred seventy (270) degree (west) perspective from the fixed point to its limit of visibility.

3.

For reference each map should graphically portray the location of the North Carolina DOT maintained road nearest the limits of visibility.

e.

Provisions for tower safety. New broadcast towers must either be so designed as to land upon its own property or lease area in the event of a failure as certified by a North Carolina registered professional engineer. In the event tower failure is expected to occur beyond the property boundaries or lease area, a fall zone easement equal to the tower height plus ten (10) feet must be obtained.

f.

Retention of consultant. The county may elect to retain a consultant or professional services to review the application and make determinations and recommendations on relevant issues including, but not limited to, verification of the applicant's sue diligence, analysis of alternatives and compliance with state and federal rules and regulations. The applicant shall pay any expense for consulting of professional services in excess of the application fee. The county shall require any consultants to disclose any potential conflicts of interest and to hold confidential any proprietary information supplied by the applicant. At the request of the applicant, the zoning administrator shall arrange an informal consultation with the applicant to review the consultant's report prior to any hearing on the application. All determination costs are reimbursable by applicant.

g.

Removal. The applicant shall provide a surety bond substantiating that the applicant or tower owner has and will sustain the financial ability to disassemble and remove the tower, once no longer in operation. Notice shall be provided to the zoning administrator when any broadcast tower is not operational for a continuous period of three hundred sixty (360) days. Upon receipt of notification, the owner shall remove the tower within one hundred twenty (120) days.

h.

Obstruction lighting and marking. The broadcast tower shall be of a galvanized finish, or painted with a rust protective paint of an appropriate color to harmonize with the surroundings as approved by the board of commissioners. Lighting of the tower shall be as required by the FAA.

i.

FCC license required. The applicant for a new broadcast tower must be currently licensed by the FCC to provide AM, FM or television broadcast services within an area of licensure that includes Rowan County.

(13)

Specific special use criteria for off-premises signs.

a.

Separation of off-premises signs shall be one thousand (1,000) feet per road side as measured parallel to the road travelway. The road side is considered to consist of one (1) side of the road. Only one (1) sign per one thousand (1,000) feet shall be allowed per roadside. This standard shall apply to all roads, except signs exempted in section 21-181.

b.

Location of off-premises signs, excluding those exempted in sections 21-135(g) and 21-181, shall be limited to the CBI and IND zoning districts. In addition the property shall meet the following standards:

1.

On property (tax parcel) which has one (1) or more permanent structures devoted to commercial or commercial activity or otherwise on which commercial or industrial activity is conducted extending outward five hundred (500) feet beyond the edge of the activity. The building shall be within six hundred sixty (660) feet of nearest edge of right-of-way.

2.

Said activity shall have been on the site three (3) months or more.

3.

Site shall have all required local state and federal privilege licenses as required by law.

4.

The activity shall be serviced by approved utilities.

5.

The activity shall have direct or indirect vehicular access and be a generation of traffic volume.

6.

Employees shall be on site during usual normal and customary hours for that activity.

7.

The activity shall be visible and recognizable as commercial or industrial.

c.

For the purpose of this section none of the following activities shall be commercial or industrial:

1.

Outdoor advertising structures or activity or any other business or industrial activity carried on in connection with an outdoor advertising activity.

2.

Agricultural uses.

3.

Transient or temporary activities including seasonal activities.

4.

Activities conducted in a building principally used as a residence.

5.

Railroad tracks or sidings.

d.

Sign face area per side shall not exceed four hundred fifty (450) square feet on I-85 or three hundred (300) feet on all other roads. "Double-decker" signs are prohibited as are tandem signs.

e.

Height shall not exceed fifty (50) feet over roadway.

f.

The signs shall have a one thousand (1,000) foot separation from residences to limit detrimental effects on the residential property.

(14)

Reserved.

(15)

Residential clustering.

a.

Purpose. The purpose is to encourage innovative development by allowing variations from normal regulations pertaining to dimensional criteria provided in article IV. In addition to the requirements of this subsection, approval of cluster subdivisions shall require approval as required by the subdivision ordinance.

b.

Development standards. Proposed residential clustering shall contain a minimum of four (4) dwelling units on a total area of two (2) or more acres.

c.

Setbacks from exterior lot lines.

Front, from rights-of-way .....75 feet

Side .....40 feet

Side street, from rights-of-way .....50 feet

Rear .....40 feet

d.

Internal setbacks. .....

Front, from edge of roadway .....20 feet

Side .....0 or 10 feet

Rear .....0 or 10 feet

e.

Buffers. As required for MFR districts.

f.

Density. To determine the total number of dwellings allowed for gross acreage excluding rights-of-way on public roads shall be divided by the minimum lot size allowed in the zoning district the subject property is in.

g.

Common areas. Maintenance of the common areas shall be the responsibility of a homeowners' association, unless a written agreement is made or the area has been deeded or accepted by the county or a local municipality. If required, the homeowners' association shall be responsible for the maintenance, payment of taxes, and shall control the open space area subject to restrictive covenants.

(16)

Multifamily developments.

a.

Application. An application shall be provided with:

1.

Site plan as provided in section 21-52; and

2.

Development name and name(s) and address(es) of owners and designers.

b.

Density. The maximum number of units allowed is as follows:

Public water and sewer: Twelve (12).

Public or community water or public sewer or approved package treatment plant: Eight (8).

Individual or multi connection well and individual septic tank: Three (3).

c.

Modification of dimensional requirements. Notwithstanding other provisions of this chapter, the board of commissioners may approve a site plan as provided herein which modifies the dimensional criteria from article IV. Additionally, the subdivision of lots may be allowed as provided by section 22-58 of the subdivision ordinance for a planned unit development (PUD).

(17)

Event center.

a.

Minimum lot size. The minimum lot size shall be five (5) acres.

b.

Public road frontage. The event center property is required to have at least thirty-five (35) feet of frontage on a publicly maintained road.

c.

Setbacks. All operational areas with the exception of the driveway shall be a minimum of one hundred (100) feet from property lines.

d.

Parking. Adequate off-street parking shall be provided for all attendees.

e.

Lighting. Lighting shall be located and designed to prevent light from directly shining on adjacent residential property.

f.

Noise. Amplified sound is subject to chapter 14 of the Rowan County Code of Ordinances.

(Ord. of 1-19-98, § IV; Ord. of 7-12-99; Ord. of 10-18-99(2), § 2; Ord. of 1-15-01; Ord. of 7-9-01; Ord. of 3-18-02(2); Ord. of 8-19-02(2); Ord. of 5-19-03; Ord. of 8-16-04; Ord. of 9-20-04; Ord. of 11-15-04; Amend. of 3-7-05; Amend. 7-1-05; Amend. of 8-20-07; Amend. of 4-21-08; Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 9-6-11; Amend. of 3-5-12; Amend. of 1-22-13; Amend. of 3-4-13; Amend. of 8-9-13; Amend. of 12-2-13; Amend. of 4-21-14; Ord. of 1-5-15; Amend. of 9-6-16; Amend. of 10-17-16; Amend. of 10-15-18; Amend. of 2-4-19; Amend. of 9-3-19; Amend. of 7-13-20(1); Ord. of 4-5-21(1); Amend. of 6-21-21; Amend. of 9-15-25)

(a)

Purpose. There are instances where a rezoning request to a general district would be inappropriate and could not effectively be managed by the district's general development standards. As an alternative manner to evaluate such a request, a conditional district may propose specific development standards necessary to address anticipated impacts on surrounding properties and the county, establish consistency with adopted plans, and/or provide a clear understanding of the type and degree of future development allowed within the district. This can often be achieved by the commitment to a specific use or uses permitted in the conditional district, increased development standards, or site plan details, which are tailored to address the aforementioned objectives and sufficient to allow for an appropriate evaluation of the request. This voluntary procedure must be petitioned by the property owner or their authorized agent as a development proposal and not for securing early zoning for tentative uses which may not be undertaken for a long period of time.

(b)

Applications. Applications for conditional districts shall be on forms provided by the county planning and development department. Only property owners or their authorized agents shall apply for rezoning to an appropriate conditional district (amended 6-19-00). The applicant may propose additional limitations or restrictions that address: compatibility between the development and surrounding area; anticipated impacts; land use plan objectives; or other concerns. Supporting documentation must clearly identify proposed restrictions or conditions that exceed general district standards and govern future development within the district. Only uses listed in section 21-113 as permitted by right or as a CD may be considered within a conditional district.

Applications must include a site plan containing information from section 21-52 including the general location and size of buildings, proposed streets, parking areas, and other operational area improvements. While the applicant has discretion in the level of detail or conditions offered to govern the proposed conditional district, the application must contain sufficient content for a substantive evaluation by the board of commissioners. The applicant must consider the potential degree of administrative change afforded to an approved district in section 21-62(d) when submitting an application.

(c)

Permitted uses and development requirements. If approved as a conditional district, only the use or uses identified in the conditional district are allowed subject to any associated conditions or limitations therein. All use requirements of the underlying general use district and section 21-64, if applicable, shall apply as well as all other requirements of the ordinance. In no situation shall approval of a conditional district reduce required standards of this ordinance unless otherwise provided herein.

(d)

Review procedures. Conditional district requests shall follow review procedures referenced in section 21-362.

(e)

Conditional district approval. The board of commissioners may approve a reclassification of a property to a conditional district only upon determining that the proposed use or uses will meet all standards and regulations in this chapter that are applicable. Specific conditions applicable to the district may be proposed by the petitioner or the board of commissioners, but only those conditions consented by the petitioner in writing consistent with G.S. 160D-703(b) may be incorporated into the zoning regulations. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to applicable ordinances, officially adopted comprehensive plans, or impacts reasonably expected to be generated by the development or use of the site.

The approval of the district and any requested conditions shall be included on a certificate of approval form provided by the county. If the approval and any attached conditions are acceptable to the petitioner, then this acceptance shall be indicated by the petitioner signing the approval form.

(Ord. of 1-19-98, § IV; Ord. of 6-17-02; Amend. of 3-7-05; Amend. of 2-20-06(1); Amend. of 6-16-08; Amend. of 6-19-10; Amend. of 3-5-12; Amend. of 9-6-16; Ord. of 4-5-21(1); Amend. of 6-21-21; Amend. of 4-18-22; Amend. of 9-19-22; Amend. of 1-17-23)

(a)

Conditions attached to approval. Approval of a conditional district and the attached conditions are binding on the property as an amendment to the zoning maps. All subsequent development and use of the property shall be in accordance with the standards for the approved conditional district, the approved rezoning request, and all conditions attached to the certificate of approval.

(b)

Uses allowed. Only uses and development indicated within the approved conditional district shall be allowed on the subject property. All uses and structures in a conditional district shall also comply with all standards and requirements for development in the underlying zoning district.

(c)

Effect on zoning maps. Following approval of the rezoning request for a conditional district, the subject property shall be identified on the zoning map by the appropriate district designation as listed in section 21-61(a). All parallel conditional use districts approved prior to September 6, 2016 shall hereby be replaced by a comparable conditional district. For example, a pre-existing CBI-CUD designation will be changed to a CBI-CD designation. Associated applications, site plans, conditions, and limitations placed on the conditional use district are incorporated without change into the standards and conditions for the new conditional district. Changes to a pre-existing conditional use district are subject to the conditional district process identified in subsection (d). Nothing in the section shall be interpreted to invalidate a pre-existing conditional use district.

(d)

Alterations to approval. Alterations to an approved plan for a conditional district shall be as provided in this subsection.

(1)

Except as provided in subsection (2) below, changes to the approved conditional district and maps shall be treated as amendments to this chapter and the zoning maps.

(2)

Minor changes.

a.

The county recognizes slight deviations in development plans may arise from circumstances that could not reasonably be anticipated during the rezoning, which may warrant changes to the plans and therefore offers a provision for administrative approval of a minor change. The applicant may submit a written request to the planning director that includes supporting documentation (e.g. federal/state permits, survey/engineering information, water or sewer permit, soil suitability) substantiating the need for the minor change. After reviewing the record of proceedings, the planning director may consider minor changes that are substantially similar to that approved by the board of commissioners except in instances where reliance was made on an adopted development condition identified on the certificate of approval. Additionally, each request must comply with all of the following criteria used as a guide in evaluating and approving a minor change request:

1.

Relocation of an operational area improvement(s) that does not project into the adopted conditional district setback for that respective improvement;

2.

Reduced setback of no more than ten (10) percent for the operational area improvement depicted on the approved plan, provided compliance with the corresponding general district setback;

3.

Increase in total gross floor area(s) by no more than ten (10) percent of the floor area(s) depicted on the approved plan, provided the size comply with the corresponding general and/or overlay district allowance;

4.

Change in driveway location along the same road provided the location complies with NCDOT standards;

5.

Structural alterations that do not significantly effect the basic style, ornamentation, and/or character of the building;

6.

Change in detail which does not affect the basic relationship of the use to the required standards of the applicable ordinances or condition(s) of approval or

7.

Any change that impose a standard greater than the conditional district.

b.

Regardless of section 21-62(d)(2)(a), the planning director may require the applicant to submit a new application in the same procedure as required for the original issuance of the conditional district as per section 21-61(b). Additionally, all other changes shall be reviewed as per section 21-61(b). Modifications requesting reduction of the minimum standards within the zoning ordinance shall be treated as a variance request and not considered herein.

(e)

Expiration. If a zoning permit is not issued for development allowed in the conditional district within two (2) years of district approval or within a longer duration established by section 21-11, the planning director may review effort made and/or continued interest in the proposed development with the property owner or developer. If it is apparent that development within the district may not occur for a long period of time, the planning director may schedule a courtesy hearing to consider an appropriate general zoning district consistent with section 21-362. Absent a rezoning to a general zoning district, all conditions, restrictions, and plan details of the conditional district remain in effect.

(Ord. of 1-19-98, § IV; Ord. of 10-18-04; Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 3-5-12; Amend. of 9-6-16; Amend. of 6-21-21; Amend. of 4-18-22)

(a)

If conditionally approved, the applicant may submit a revised application within forty-five (45) days of having received the decision of the appropriate board. The revised application shall include provisions described in conditions placed on the application. If the conditionally approved application is not resubmitted within the prescribed time period the application shall be deemed to be disapproved.

(b)

If a special use permit or conditional district application is denied, the administrator shall not accept another application similar to the denied application for the same property or a portion of the same property for a period of twelve (12) months from the date of the hearing, unless the administrator determines that:

(1)

There has been a significant zoning district reclassification of an adjacent property;

(2)

A new or updated land use plan which changes public policy regarding the property is adopted by the county; or

(3)

Public facilities such as roads, waterlines, sewer lines, or other infrastructure are constructed or expand to serve the property and enable the proposed development to be accommodated.

(Ord. of 1-19-98, § IV; Amend. of 9-6-16; Amend. of 6-21-21)

The standards contained in this section are for specific land uses submitting conditional district applications.

(1)

Utility scale solar energy systems (SIC 491 pt).

a.

Setbacks. The system area and equipment setbacks shall be as follows:

1.

System area.

i.

One hundred (100) feet from adjoining property lines and road rights-of-way.

ii.

Common property lines within the system area are not subject to setback standards.

2.

Equipment setbacks. All proposed inverters, substations, buildings, or other structures not utilized as a solar collector shall be located within the system area and separated by a minimum of three hundred (300) feet from any existing residence, church or school on an adjoining property.

b.

AZO. Location within the conical or horizontal surfaces of the Mid-Carolina Regional Airport is not permitted.

c.

Screening, buffering and fencing. To reduce visual impacts and provide separation between the system area and an existing residence, church or school on an adjoining property located within three hundred (300) feet of the system area perimeter, the applicant may propose use of option 1. or 2. noted below. Nonetheless, the standards of this subsection may be increased or supplemented as provided in section 21-61(e).

1.

Standards contained in sections 21-215(2)(b)(1)and (2) applied to the segment(s) of the system area perimeter adjacent to the developed parcel, or

2.

Demonstrate by photo simulation that use of alternative buffer and screening per section 21-217 and, or existing vegetation per section 21-218 will achieve or exceed the standards of item 1. herein.

3.

Security fencing six (6) feet in height shall be provided along the entire system area boundary, except along a segment where [section] 21-215(2)(b)(2) is required.

d.

Access roads. Internal roads shall be constructed of aggregate base course (ABC) stone a minimum of six (6) inches thick. Gated entrance(s) shall be installed to prevent unauthorized access. When applicable, connection to an NCDOT maintained roadway shall be issued by an approved commercial driveway permit from NCDOT and the apron and roadway to the system area shall be paved.

e.

Decommissioning plan. The applicant shall provide a decommissioning plan that includes a cost estimate prepared by a North Carolina Professional Engineer having professional credentials, recognized expertise or specialization in construction and removal of similar facilities detailing how the solar energy system will be removed and system area will be reasonably restored to its original condition in the event it does not produce energy for a three hundred sixty (360) day continuous basis. Acceptance of the decommissioning plan and cost estimates by Rowan County shall be subject to independent review by a North Carolina Professional Engineer of the county's selection. Prior to permitting, the applicant shall provide Rowan County financial surety at one and twenty-five hundredths (1.25) times the mutually agreed cost estimate amount, which will remain in effect for the first ten (10) years of operation.

At a minimum, the contents of the decommissioning plan shall include the cost estimates referenced herein and information found in the North Carolina Template Solar Ordinance's Example Decommissioning Plan updated to reflect the site's locational attributes. This plan shall be recorded in the Rowan County Register of Deeds prior to construction of the site.

An updated decommissioning plan detailing costs shall be submitted to the planning department at least six (6) months prior to the ten-year anniversary of installation and six (6) months prior to every five (5) year anniversary thereafter. In addition to the updated decommissioning plan submittals, the system owner shall provide an analysis of the power produced annually by the facility; an operational efficiency and status report of the panels and equipment; and any intended upgrades or replacements of panels, equipment, etc. Acceptance of the updated plans and estimates by Rowan County shall be subject to independent review by a North Carolina Professional Engineer of the county's selection. A new financial surety at one and twenty-five hundredths (1.25) times the mutually agreed cost estimate amount shall be provided by the owner/operator to Rowan County for the time period associated with the updated plan.

The system owner/operator may request an extension of the three hundred sixty-day period to prevent execution of the decommissioning plan. The request shall be considered in the same manner as approval was granted.

f.

Supplementary materials.The applicant shall provide the following with the conditional district permit application:

1.

Any relevant studies, reports, documents, recommendations or approvals related to the site that were prepared or received as part of its application to the North Carolina Utilities Commission.

2.

Evidence that the electrical utility provider has been informed by the applicant of their intent to install an interconnected system. Evidence may consist of copies and responses of certified letters (or similar) to the utility provider detailing their solar energy system plans, location, etc.

3.

A copy of the certificate of public convenience and necessity for facilities over two (2) megawatts or a copy of the report of proposed construction for facilities under two (2) megawatts approved by the North Carolina Utilities Commission.

(2)

Dumps, garbage, landfills, refuse systems, rubbish, sludge disposal and land clearing and inert debris landfill [LCID] (SIC 4953 pt).

a.

Setbacks. All improved areas, including disposal areas, shall be at least two hundred (200) feet from a zone lot line.

b.

Separation. Improved areas shall be at least three hundred (300) feet from any residence, church, or school.

c.

Dust, odor, glare. All access roads and storage areas shall be at least twenty (20) feet from any property line constructed with a paved, gravel, or crushed stone surface; and maintained in a dust-free manner.

d.

Operation. An information sign shall be posted and maintained at the entrance(s) which lists the name and phone number of the operator, types of material accepted, and hours of operation.

e.

Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent unregulated dumping of materials.

f.

Other special conditions. Proof of a permit issued by the state in accordance with applicable provisions of the General Statutes.

g.

LCID operations. Standards of this subsection are applicable to LCID operations greater than one-half (½) acre in size.

(3)

Motor vehicle parts (outdoor), used in the RA district (SIC 5015).

a.

Operation. Operations, including, but not limited to, storage of dismantled motor vehicles or motor vehicle parts or keeping of junk which are not fully contained within a building enclosed on all sides shall be subject to the standards of this subsection and section 21-246.

b.

Front yard setback. The facility shall be one hundred (100) feet from the edge of the right-of-way.

c.

Separation from certain uses. The facility shall be a minimum of one thousand (1,000) feet from a school, residence, church or place of public assembly. The separation shall be measured from the closest point of the structure containing the school, residence, church or place of public assembly and the nearest point of the operational area of the automobile salvage yard. This requirement shall not apply to residences owned by the operator of the facility.

d.

Side and rear yard buffering and screening. The facility shall be completely surrounded by type B buffer and screening, as provided in article IX.

e.

Operational area. No operations shall occur in the required buffer.

(4)

Zoological garden (SIC 8422).

a.

Site plan. A site plan shall be provided showing all fencing, exhibit and storage areas, with types of animals specified.

b.

Minimum lot size. The minimum lot size is twenty (20) acres.

c.

Smoke, odors, dust. Operations shall not create any smoke, odors, or dust at a level which creates a nuisance to any person or normal sensitivities at the property lines.

d.

Setbacks. All animal waste storage areas shall be a minimum of two hundred (200) feet from any zone lot line.

e.

Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent entrance by unauthorized persons. Containment of animals shall be sufficient to ensure the safety of the surrounding area and the county.

(5)

Membership sports and recreation clubs (SIC 7997 (pt.)): baseball club, football club, soccer club, and similar athletic field operation.

a.

Site plan. A site plan shall be required as provided in article III, section 21-52.

b.

Buffering. All parking areas shall be screened by a type A buffer from residentially zoned area.

c.

Lighting. Lighting shall be located and designed to prevent light from directly shining on adjacent residential property.

(6)

Motorsports Racing Complex.

1.

Uses allowed. A motorsports racing complex is intended to accommodate a variety of racing types and related activities at a site planned and designed for such activities subject to the standards herein. Racing on different track types is the primary function of the complex, but other ancillary uses permitted (P) or permitted with Special Requirements (SR) in the manufacturing, retail and service sector categories in the Commercial, Business, Industrial (CBI) district may be appropriate to support or compliment the complex's operation. Justification for incorporating select sector uses ancillary to the complex's primary function is incumbent upon the applicant.

2.

Lot size. The complex shall consist of one (1) parcel and its minimum lot size will be calculated based on the racing activity track type(s) proposed for the complex using the acreages in the table below. For the purposes of determining required acreage when more than one (1) type of racing activity occur on a single track, the higher tier group shall control.

Complexes may reduce the required minimum acreage by fifty (50) percent for each additional different type racing activity track identified as Tier 2 or 3 only when combined with a Tier 1 racing activity track. For example, a motor speedway and ATV racing track must have a minimum lot size of at least sixty (60) acres; a drag strip, go-kart and motorcycle track must have a minimum lot size of seventy (70) acres.

3.

Location. The complex must have frontage and access on a state-maintained road and obtain an approved commercial driveway permit from NCDOT for access. In the alternative to frontage requirement, the complex may be accessed by a road that has been specifically built to NCDOT secondary road standards.

4.

Traffic. When anticipated vehicle trips generated by the complex onto the adjoining road network are likely to exceed an average of three thousand (3,000) daily trips, the applicant shall provide a traffic impact analysis (TIA). Anticipated average daily vehicle trips between one thousand (1,000) and three thousand (3,000) will require the applicant to coordinate with the county and NC DOT on the type and level of traffic engineering analysis related to access, existing/future conditions, operations, and mitigation. Anticipated vehicle trips will be based on required parking plus ten (10) percent. The required TIA or engineering analysis must be furnished by the applicant with the CD application.

5.

Lighting. Lighting shall be located throughout the complex to adequately light parking and areas of public assembly and be designed and positioned in such a manner that glare spillover onto adjoining properties is not apparent at the common property line(s).

6.

Setbacks. Racing activity tracks and stands shall be set back three hundred (300) feet from side and rear property lines when the adjoining property is in a residential zoning classification as grouped by the Table of Uses in section 21-113. Side and rear setbacks for racing activity track and stands may be reduced to two hundred (200) feet when adjoining a non-residential zoning classification. Notwithstanding the foregoing, the setbacks for racing activity tracks and stands may be reduced along side and rear property lines when a sound barrier wall(s) is installed a minimum of eighty (80) feet from adjoining property in a residential zoning classification or a minimum of forty (40) feet from property in a non-residential zoning classification. Sound barrier wall(s) shall be a minimum of twelve (12) feet in height as measured from the finished grade elevation; the sound barrier wall(s) shall be certified by the applicant's North Carolina professional engineer as meeting the current design standards for construction and installation as set forth by the North Carolina Department of Transportation as amended from time to time.

7.

Security fencing. Security fencing six (6) feet in height shall be installed along the perimeter of the complex to restrict entry when the complex is not open and to prevent unauthorized access during racing events.

8.

Buffer. A Type B buffer and screening consistent with section 21-215(2) shall be provided along the side and rear property lines when the complex adjoins property in a residential category group. The opaque fence standard in 21-215(2)(b)(2) is waived only in locations where a sound wall is erected. When the complex adjoins a developed non-residential category property, screening consistent with section 21-215(1)(b)(1) shall be installed within the required Type A buffer.

9.

Hours of operation. Hours of operation for racing, training, or testing are based on the zoning designation of properties contiguous to the motorsports complex at the time a conditional district application is submitted.

i.

A motorsports complex that is bordered by a minimum of sixty (60) percent commercial or industrial zoned properties, as measured by the total linear footage along the common property line, shall maintain the following hours of operation:

Monday—Wednesday: 8:00 a.m. to 10:00 p.m.

Thursday: 8:00 a.m. to 11:00 p.m.

Friday and Saturday: 8:00 a.m. to 12:00 a.m. (midnight)

Sunday 12:00 p.m. to 9:00 p.m.

ii.

Hours of operation for racing, training, or testing activities at a motorsports complex contiguous to less than sixty (60) percent commercial or industrial district zoned property requirements shall maintain the following hours of operation:

Monday—Thursday 8:00 a.m. to 8:00 p.m.

Friday-Saturday 8:00 a.m. to 10:00 p.m.

Sunday 12:00 p.m. to 9:00 p.m.

Tier 2 racing activities, training or testing may not occur simultaneously when Tier 1 racing activities are occurring.

10.

Muffled race vehicles. All vehicles with an internal combustion engine that race, train or test on Tier 1 and 2 tracks shall be equipped with mufflers to mitigate engine noise. Tier 1 or 2 facilities that have lawfully operated prior to this amendment and obtain conditional district designation as a motorsports racing complex pursuant to this section may continue to host racing events on the existing racing activity track without use of mufflers. The foregoing provision does not authorize racing, training or testing of non-muffled vehicles on any other racing activity track(s) added to the complex post conditional district approval.

11.

Noise standards. To ensure that operations and events at the complex do not exceed the maximum allowable noise levels at the complex property lines as provided in section 21-241(d), the applicant shall provide a report or study prepared by a qualified acoustical engineer or firm specializing in sound measurement with the conditional district (CD) application. The report or study should account for noise generated by vehicles and loud speakers at each racing activity track proposed in the complex and the combination of Tier 2 and Tier 3 activities that may occur simultaneously. The study should also provide recommendations for sound attenuation if the expected decibels for a track(s) exceed the standards of section 21-241(d).

12.

Parking. The minimum number of parking spaces shall be calculated at one (1) space per four (4) seats. A "seat" is based on the fixed seating standard of one (1) person per eighteen (18) inches for grandstand or bleacher seating in Section 1004.4 of the NC Building Code. Parking areas may have a parking surface consisting of either asphalt, concrete, gravel or grass, but not of soil or dirt. All other aspects related to parking shall comply with provisions specified in article VII of this chapter.

(7)

Automobile towing with storage.

1.

Screening. The operational area must be screened in accordance with section 21-215(1), consisting of an opaque fence required by section 21-215(1)(b)(2) and, unless an alternative screening measure is approved as part of a conditional district, section 21-215(1)(b)(1).

2.

Operational area. All towed vehicles and any defined as junked motor vehicles shall be kept within the fenced operational area. Such vehicles may be stored for a maximum of six (6) months.

(Ord. of 4-5-21(1); Amend. of 6-21-21; Amend. of 3-18-24; Amend. of 12-2-24; Amend. of 12-02-24; Amend. of 9-15-25)

Uses listed as SR in the NB district in section 21-113, the table of uses, shall comply with the following criteria, as applicable:

(1)

Site plan. A site plan shall be provided showing the existing lot and all existing and proposed buildings. As well as all criteria required herein.

(2)

Lighting. The lighting shall be shielded to prevent light and glare spillover to adjacent residentially developed properties.

(3)

Minimum zone lot size. The minimum zone lot size shall be two (2) acres.

(4)

Building size. The maximum building size per parcel shall not exceed ten (10) percent of the lot area up to ten thousand (10,000) square foot and five (5) percent of the lot acreage thereafter up to twenty-five thousand (25,000) square feet. Multiple buildings may be used in calculating the maximum allowable building size.

(5)

Impervious surface. The maximum impervious surface shall not exceed sixty-five (65) percent of the lot.

(6)

Hours of operation. Hours of operation shall not exceed 6:00 a.m. to 11:00 p.m.

(7)

Parking. Parking shall be as prescribed in article VII, Parking, for that use.

(8)

Signage. Signage shall be as prescribed in article VIII, Signs, for the underlying district.

(9)

Noise. Noise shall not exceed the decibel levels during time periods prescribed in section 21-241 for construction, manufacturing, transportation, communications, electric, gas and sanitary services, wholesale, and service uses.

(10)

Outdoor storage. All outside storage areas including dumpsters shall be:

a.

Sited to the rear of the building;

b.

Not within the required setbacks.

c.

Notwithstanding other requirements of this subsection, outdoor storage shall be completely screened from adjacent residentially zoned property.

(11)

Smoke, odors and dust. The use will not create any smoke, odors, or dust at a level discernible at any of its lot lines.

(12)

Required licenses and permits. The applicant shall provide a copy of all required licenses and permits prior to issuance of a zoning permit.

(13)

Handling waste and other by-products. A description shall be provided of the method of collecting, handling, disposal and storage of all wastes, by-products, scraps, etc., which meets all applicable federal, state and local regulations and all other requirements of this ordinance.

(14)

Screening and buffering. Screening as required by section 21-216.

(15)

Outdoor display. Outdoor display shall be limited to five thousand (5,000) square feet.

(16)

[Reserved.]

(Ord. of 6-17-02; Amend. of 5-7-07; Amend. of 9-6-11; Amend. of 9-3-19)

Uses listed as SR in the AI District in section 21-113, the table of uses, shall comply with the following criteria, as applicable:

(1)

Site plan. A site plan shall be provided showing the existing lot, existing and proposed buildings, and criteria required herein.

(2)

Lighting. Any outdoor or building mounted lighting shall be shielded or directed downward to prevent upward illumination that may create interference with airport operations.

(3)

Building material. No glare-producing material shall be used as exterior siding or as roofing on any building.

(4)

Building height. The maximum height for any building or structure not associated with administration or operation(s) of the Mid-Carolina Regional Airport shall be limited to the lesser of the Airport Zoning Overlay (AZO) or thirty-five (35) feet.

(5)

Parking. Parking shall be as prescribed in Article VII, Parking, for that use.

(6)

Signage. Signage is preferred to be building mounted, otherwise free-standing signage in the AI district shall be limited to one (1) location per site at a maximum height subject to the lesser of the Airport Zoning Overlay or twenty-five (25) feet.

(7)

Outdoor storage. All outside storage areas, including dumpsters, shall be:

a.

Sited to the rear of the building;

b.

Not within the required setbacks;

c.

Completely screened from adjacent residentially zoned property by means of an opaque fence no less than six (6) feet in height;

d.

Aviation fuel storage locations are subject to compliance with National Fire Protection Association (NFPA) standard 407 and safety standards established by North Carolina Department of Insurance and the Federal Aviation Administration.

(8)

Setbacks. Front yard setbacks shall be measured at fifty (50) feet from the edge of the road right-of-way with side and rear yard setbacks measured at ten (10) feet from the property line or lease area. When multiple buildings or structures occupy a parcel(s), a twenty-five (25) foot separation between structures shall be provided in lieu of a side and rear yard setback.

(Amend. of 9-19-22)