(a)

Each special use is unique in nature and needs special consideration and conditions. Section 54-69(e)(2)b provides conditions applicable to all uses listed as special in the designated zoning district that the board of adjustment must find to exist. The following special uses may have additional specific conditions that the board of adjustment must find to exist before granting the special use permit. These special requirements are not conclusive, in that, the board of adjustment may add or modify such requirements as they deem necessary.

(1)

Such uses are limited to those permitted within the zoning district in which the project is located. In no case shall the board of adjustment authorize a use prohibited in the district in which the project is to be located.

(2)

The distance of every building shall meet the setback requirements of the district in which the project is located.

(3)

A proposed project should be designed by the appropriate design professional. It shall be so designed that the overall intensity of land use shall be no greater than that permitted in the zoning district in which the project is located. Furthermore, the design should guarantee permanent retention of open space and ensure its care and maintenance.

(4)

Developments shall follow the review procedures for special uses as outlined in section 54-69, including submission of a checklist, provided by the town, prior to the public hearing.

(5)

The procedure for approval shall include the submission of a design plan showing the proposed layout, including the location of buildings, driveways, street parking spaces, and recreation areas, to the board of adjustment for study prior to final approval. Where applicable, the design plan package shall include approvals for the proposed sanitary sewer and water distribution systems from the appropriate state and local agencies.

(b)

Special uses listed:

(1)

Adult entertainment establishment;

(2)

Building supply sales yard;

(3)

Campground;

(4)

Concrete and/or asphalt plant;

(5)

Community center, club and/or lodge;

(6)

Data center and/or server farm;

(7)

Dwelling, single-family attached;

(8)

Dwelling, single-family detached;

(9)

Essential service, Class 2;

(10)

Event venue, outdoor;

(11)

Junkyard;

(12)

Kennel;

(13)

Mining;

(14)

Nightclub, bar, and/or lounge;

(15)

Prefabricated home display area;

(16)

Prison;

(17)

Public transportation;

(18)

Public works facility;

(19)

Radio and television station;

(20)

Recreation facility, outdoor;

(21)

Recycling facility;

(22)

Rehab and/or skilled nursing facility;

(23)

School, post-secondary;

(24)

Shooting range, outdoor;

(25)

Truck stop;

(26)

Wireless telecommunication, concealed;

(27)

Wireless telecommunication, tower.

(c)

Uses with additional standards. Before issuing a special use permit, the board of adjustment shall find that all standards for specific uses listed in this section, as well as all procedures listed in section 54-69, have been met. The following additional standards are applied to specific special uses:

(1)

Adult entertainment establishment.

a.

The purpose of this section shall be to set forth the appropriate special requirements by which adult establishments may be established within the Town of Woodfin zoning jurisdiction. Adult entertainment establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near a residential zoning district or certain other districts which permit residential, educational, religious, or recreational uses. Studies have shown that lower property values and increased crime rates tend to accompany and are brought about by the concentration of adult establishments. The town council finds that regulation of these uses is necessary to ensure that these adverse effects do not contribute to the blighting of surrounding neighborhoods and to protect the integrity of the town's residential areas, schools, places of worship, libraries, childcare centers, and public parks and playgrounds which are typical areas in which juveniles congregate.

b.

To address the purposes set forth above, the following restrictions are established:

1.

No adult establishment shall be located within a 1,000-foot radius of another adult establishment.

2.

No adult establishment shall be located within a 1,000-foot radius of any residential zoning district. Provided, however, the establishment of a residential zone subsequent to the lawful commencement of an adult establishment will not render the adult establishment non-conforming.

3.

No adult establishment shall be located within a 1,000-foot radius of any place of worship, school, library, licensed childcare center, public recreation center, or public park or playground. Provided, however, the establishment of any place of worship, school, library, licensed childcare center, public recreation center, or public park or playground subsequent to the lawful commencement of an adult establishment will not render the adult establishment non-conforming.

4.

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

5.

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

6.

Any external lighting shall be arranged so as not to be directed toward any residential area.

(2)

Building supply sales yard.

a.

All open storage shall be fenced by a solid fence not less than six feet in height.

(3)

Campground.

a.

No travel trailer may be permanently affixed or utilized as a permanent single-family residence. No single trailer may be located within the park for more than 180 days out of any given calendar year.

b.

Travel trailer spaces must be clearly identified on the site plan and delineated within the park through the provision of a physical boundary marker or designated pad. In no case shall a travel trailer be placed within 20 feet of another travel trailer

c.

A buffer consisting of evergreen trees or shrubs shall be provided against all adjacent properties but shall not extend beyond the established setback line along any street. Such buffer strip shall meet the standard defined in section 54-10. This planting requirement may be modified by the board where adequate buffering exists in the form of vegetation and/or terrain.

d.

Waste management/dump station(s).

1.

The park owner/operator shall provide capacity for a weekly accumulation of solid waste and recycling on site through the provision of dumpsters or acceptable containers. These dumpsters or other acceptable containers must be serviced at least once a week, unless the park has been vacant for the entirety of the week. These dumpsters shall not be located within any required setbacks.

2.

The park owner/operator shall provide for adequate waste disposal through the provision of dump stations. Dump stations shall be inset at least 20 feet from all property lines and must be permitted by NCDENR prior to installation.

e.

Any lighting to be provided within the park must be indicated on the site plan and adhere to the lighting standards as set forth within the town's lighting ordinance.

f.

At least one bathroom and shower shall be provided within a permanent structure. If the park does not provide full water and sewer hookups at each site, one additional bathroom and shower shall be provided for every ten travel trailer spaces in the park without water and sewer connections.

g.

Documentation from the fire marshal shall be provided of the adequacy of the development's facilities for emergency medical and fire services.

(4)

Concrete and/or asphalt plant.

a.

The parcel on which the facility is located shall be set back at least 2,640 feet from any parcel where a hospital; hospice facility; licensed nursing home; drop-in or short-term childcare center providing care to at least ten preschool children; licensed childcare center; private or public elementary, middle or high school; or municipal or county park or recreation facility is located.

b.

The facility must comply with the Town's Flood Damage and Prevention Ordinance. But in no case shall production facilities or storage of hazardous materials be located in the one percent special flood hazard area.

c.

The area of operations shall be set back from all perennial waters, as shown on the most recent version of the quadrangle topographic maps prepared by the United States Geological Service, and from all wetlands, as defined by G.S. 143-212(6) for a distance sufficient to protect surface and groundwater from spills and leaks. The setback shall be a vegetative buffer no less than 100 feet in width, with no less than the first 50 feet from the stream or wetland being undisturbed and the remaining area consisting of managed vegetation.

d.

The facility shall be served by a public water system or situated a sufficient distance from any water supply well to ensure public health and safety. In all cases, the facility shall be located no closer to a water supply well than the minimum separation distance specified by N.C. Department of Environmental Quality.

e.

There shall be sufficient access to a major highway so as to minimize truck travel through residential neighborhoods.

f.

A buffer strip along all property lines shall be required that is sufficient in height, density, and foliage at all times of the year to minimize the visual impact to persons and motorists not on the property and to maximize the buffering of noise and particulate matter. Said buffer strip shall not extend into the established setback along any street. The required buffer shall be placed according to one or a combination of the following methods, as approved by the board of adjustment as fitting for the use and surrounding areas:

1.

A continuous, natural and undisturbed 100-foot buffer strip of trees, shrubbery, and other natural vegetation.

2.

A 100-foot planted buffer strip consisting of at least three rows of evergreen trees, whose species shall be approved by the board of adjustment, which at the time of planting shall be at least six feet in height, and which at maturity, shall be at least 15 feet in height. In each row the trees shall be spaced no more than ten feet apart (from base of tree to base of tree) at time of planting, with trees in adjacent rows offset (staggered) five feet. The rows shall be no more than 30 feet apart and centered within the buffer strip. The buffer strip shall also contain at least two evergreen shrubs for every one tree and the shrubs shall be intermixed between the trees.

3.

An earthen berm landscaped with evergreen shrubs and topped with a row of evergreen trees. The berm shall be a minimum of eight feet in height and shall have slopes that do not exceed one foot in height to three feet horizontal. The row of evergreen trees shall be at least five feet in height at the time of planting and which at maturity shall be at least ten feet in height. The trees shall be spaced no more than eight feet apart (from base of tree to base of tree) at the time of planting. No less than two evergreen shrubs for every tree shall be planted in two rows; the first row shall be planted at the base of the berm. The second row shall be planted at the midpoint of the berm and shall be offset (staggered) from the first row.

g.

A security fence shall surround the entire production area, shall be a minimum of six feet in height, and shall be located between the production area and the required buffer strip. Driveways or entranceways shall be gated during the hours when the plant is not open and operating.

h.

The facility shall employ the most current, state-of-the-art methods, systems, techniques, and production processes available to achieve the greatest feasible air and odor emissions reductions, including fugitive emissions and fugitive dust.

(5)

Data centers/server farms.

a.

All structures shall maintain a setback of 100 feet.

b.

Data centers/server farm operations shall not be constructed or newly located within 1,000 feet of an existing dwelling unit (not located on the same property as the use), residential zoning district, library, day care facility, park, place of worship, or within two miles of a school, all distances in straight-line distance.

c.

Operations shall not be conducted between the hours of 9:00 p.m. to 6:00 a.m., or anytime on Sunday.

d.

Noise pollution generated from data centers/server farm operations shall not exceed 50 decibels per unit. The equipment in a data centers/server farm operation shall be calibrated every six months and a report of this calibration shall be provided to the Town of Woodfin.

e.

Data centers/server farm operations shall not be permitted on sites visible from scenic byways as designated by the North Carolina Department of Transportation.

f.

Data centers/server farm operations shall be completely enclosed with a NCDOT approved precast sound wall. The wall shall be at least eight feet in height. A buffer is required on all exterior sides of the security wall.

g.

An electrical disconnect switch shall be clearly marked and unobstructed. Switches are permitted to be secured within a fenced area or building. Duke Energy or any other power utility provider to the operation shall have access to the disconnection switch at all times or an onsite manager must be present at all times.

h.

All new power transmission lines to any building, structure or utility connection shall be located underground.

i.

Duke Energy or any other power provider to the operation shall have the authority during select high power usage events to cut or significantly reduce or restrict power to any data centers/server farm operation. The power utility provider is requested to cut or reduce power to these operations before considering reducing power to residential homes or other commercial or industrial facilities.

j.

Data centers/server farm operations shall be required to develop or purchase sufficient new renewable energy to offset 100 percent of the electricity consumed by the data centers/server farms operation. To meet this condition, the data centers/server farm operation must be able to establish that their actions will introduce new renewable energy onto the electrical grid beyond what would have been developed otherwise.

k.

Verification must be provided to the Town of Woodfin that all qualified recyclable materials, including electronic waste, generated at the data centers/server farm operation will be recycled including packing foam, computer chips, and cardboard.

l.

No structures, equipment, storage, or buildings shall be located within the special flood hazard area.

m.

Lighting shall comply with the town's lighting ordinance.

n.

The use may not be applied for as a conditional rezoning application.

(6)

Essential service, Class 2.

a.

No vehicles or materials shall be stored on the premises;

b.

All buildings and apparatus shall be set back at least 20 feet from all property lines;

c.

Shall be designed and landscaped in such a way as to blend in with the surrounding area; and

d.

A vegetative buffer, as defined in section 54-10, shall be placed in any yard which abuts a residential zone.

(7)

Event venue, outdoor.

a.

The hours of operation shall be limited to 10:00 a.m. through 10:00 p.m.

b.

Shall only be accessed directly from a major or minor thoroughfare.

c.

Shall provide a designated off-street passenger loading zone for ride sharing service pick-up.

(8)

Junkyard.

a.

All motor vehicles stored or kept in such yards shall be so kept that they will not catch and hold water in which mosquitoes may breed and so that they will not constitute a place in which rates, mice, or other vermin may be harbored, reared, or propagated.

b.

Because of the tendency for salvage yards to promote the breading of vermin, no such operation shall be permitted closer than 200 feet from any established residential zone.

c.

All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence, screen, or wall, excepting driveway areas, from eight to 12 feet in height. Storage between the road or street and such fence, screen, or wall for screening purposes shall be properly painted or otherwise maintained in good condition.

d.

All such yards shall be so maintained as to be in a sanitary condition and so as not to be a menace to the public health or safety.

e.

The number of vehicular access driveways permitted on any single street frontage shall be limited to:

1.

One driveway where the parcel to be used has a maximum road street frontage of 100 feet or less.

2.

Two driveways where the road or street frontage exceeds 100 feet.

f.

Driveways used for ingress and egress shall be limited to 25 feet in width.

(9)

Kennel.

a.

The animal kennel, including all structures and fencing, shall be set back at least 50 feet from all external property lines of the facility.

b.

The kennel facility shall be enclosed within a security fence of at least six feet in height. The fence and facility may require a vegetation buffer along any part of the fenced areas which abuts a residential use.

c.

Provisions for daily removal and/or disposal of all animal waste shall be incorporated within the operation and maintenance of the animal kennel.

d.

The design and operation of the facility shall be reviewed and approved by the state department of agriculture.

(10)

Mining.

a.

Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting shall comply with the town's lighting ordinance.

b.

All unpaved roads, travel ways and/or parking areas shall be treated to prevent dust from adverse effects to adjacent properties.

c.

A mining or extraction operation shall not be constructed or newly located within:

1.

One-half mile of an existing school, library, day care facility, hospital, rehab/skilled nursing facility, and/or place of worship; and

2.

One thousand feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).

d.

The operation of an extraction operation shall be totally enclosed by a security fence or wall at least eight feet in height. Entrances and exits should be secured and locked during non-operating hours.

e.

A setback of 100 feet is required for all buildings.

f.

A plan outlining rehabilitation procedures and financing options for restoration of the extraction site is required. Within two years after the cessation of a extraction operation, rehabilitation processes must be complete.

g.

Permanent control measures are required to retain all non-compacted soil on site.

(11)

Nightclub, bar, and/or lounge.

a.

No outdoor speaker systems.

b.

It shall be unlawful to operate or allow the operation of any sound amplification equipment so as to create sounds registering 55 dB between 9:00 a.m. and 9:00 p.m.; or 50 dB between 9:00 p.m. and 2:00 a.m., as measured anywhere within the boundary line of the nearest residentially occupied property. No amplified sound shall be allowed between 2:00 a.m. and 9:00 a.m.

c.

All buildings containing amplified entertainment shall be insulated, have fixed windows and an adequate air conditioning system, all as required by the North Carolina State Building Code

d.

The main entrance of the buildings shall have STC (sound transmission control) doors with a rating of not less than 35.

(12)

Recreation facility, outdoor.

a.

The hours of operation shall be limited to 10:00 a.m. through 10:00 p.m.

b.

Shall only be accessed directly from a major or minor thoroughfare.

(13)

Recycling facility.

a.

New uses and expansions of this type must operate in an enclosed building(s).

b.

The temporary loading of materials into trucks for transport or distribution may occur in outdoor areas provided materials are not stored for a period of greater than 24 hours.

(14)

School, post-secondary.

a.

No truck or motor vehicle driving training school.

b.

No living quarters may be provided.

(15)

Shooting range, outdoor.

a.

Adequate lighting shall be placed in areas used for vehicular/pedestrian access including, but not limited to stairs, sidewalks, crosswalks, intersections, or changes in grade. Lighting shall comply with the town's lighting ordinance.

b.

Unpaved roads, travel ways and/or parking areas shall be treated to prevent dust from adverse effects to adjacent properties.

c.

An outdoor shooting range shall not be constructed or newly located within:

1.

One-half mile of an existing school, library, day care facility, hospital, rehab/nursing facility and/or place of worship; and

2.

One thousand feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use).

d.

The operations of an outdoor shooting range shall be totally enclosed by:

1.

A security fence at least eight feet in height; or

2.

A wall at least eight feet in height. Entrances and exits should be secured and locked during non-operating hours.

e.

A setback of 50 feet is required. The storage of debris, equipment and other materials, including accessory structures, is permitted within the perimeter setback.

f.

Perimeter buffer of 25 feet.

g.

Outdoor shooting ranges must be designed to contain all projectiles fired on-site.

h.

Hours of operation are limited to 9:00 a.m. to 8:00 p.m.

(16)

Truck stop.

a.

The minimum lot size shall be two acres.

b.

All vehicular use areas shall be setback at least 25 feet from adjacent residentially zoned property.

c.

All vehicular use areas shall be paved using concrete, asphalt, or similar durable all weather surface. Use of gravel, dirt, or other aggregate materials is prohibited.

(17)

Wireless telecommunication, concealed.

a.

Reserved.

(18)

Wireless telecommunication, tower.

a.

Reserved.

(Ord. of 5-18-2021; Ord. of 12-21-2021; Ord. No. 2024-017, § 1(Att.), 9-17-2024)