(a) Purpose. Special uses are uses which are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and/or the city 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 and to ensure protection of the public health, safety, and welfare.
All special uses shall, at a minimum, meet the conditions set forth in this chapter. Any use identified as a special use in a zoning district shall not be permitted without the approval of the planning and zoning commission.
The approval procedure for special uses is set forth in section 7-5-5 of this chapter.
(b) Special uses listed (by zoning district)
(1) Historic landmark special use.
(2) Reserved.
(3) Telecommunications towers.
(4) Telecommunication tower/support structure, concealed.
(5) Reserved.
(6) Reserved.
(7) Reserved.
(8) Adult establishments.
(9) Those uses listed as uses by right subject to special requirements in the Montford Transition Overlay District that exceed a gross floor area of 5,000 square feet.
(10) Reserved.
(11) Ancillary non-residential uses in residential districts.
(12) Detention centers, jails, and related correctional facilities.
(13) Government buildings and uses.
(14) Motor vehicle and boat sales, new and used.
(15) Drive through facilities.
(16) Group homes.
(17) Electrified security fences.
(c) Special use standards. The Asheville Planning and Zoning Commission shall not approve the special use application and site plan unless and until it makes the following findings, based on the evidence and testimony received at the public hearing or otherwise appearing in the record of the case:
(1) That the proposed use or development of the land will not materially endanger the public health or safety;
(2) That the proposed use or development of the land is reasonably compatible with significant natural and topographic features on the site and within the immediate vicinity of the site given the proposed site design and any mitigation techniques or measures proposed by the applicant;
(3) That the proposed use or development of the land will not substantially injure the value of adjoining or abutting property;
(4) That the proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;
(5) That the proposed use or development of the land will generally conform with the comprehensive plan, smart growth policies, sustainable economic development strategic plan, and other official plans adopted by the city;
(6) That the proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities; and
(7) That the proposed use will not cause undue traffic congestion or create a traffic hazard.
(d) Additional special use standards.
(1) Historic landmark special use.
a. Use districts: All districts.
b. Property must be designated by the city council as a historic landmark.
c. Property owners must show that the current permitted uses or restricted uses of the property in the zoning district in which it is located are such that the property cannot be preserved and the granting of a special use permit enables its preservation.
d. Uses which may be permitted shall be limited to uses that are not inconsistent with the design and/or uses for which the structure(s) on the property had been designed or used during the life of the structure(s).
e. Prior to consideration of the request for the special use permit by the planning and zoning commission, the historic resources commission of Asheville and Buncombe County shall submit to the planning and zoning commission a written recommendation relative to the appropriateness of the applications being considered.
(2) Reserved.
(3) Telecommunication towers.
a. Use districts: Office/Business, Community Business II, Resort, Institutional, Highway Business, Regional Business Commercial Industrial, River, Industrial, Light Industrial. In addition, where the planning and zoning commission determines that a concealed telecommunication support structure is not feasible or not an available alternative, a telecommunications tower shall be allowed as a special use in residential districts at schools, fire stations, publicly-owned housing complexes, recreation centers, community centers; provided: (i) said use is not otherwise non-conforming, (ii) the property is not subdivided for the purpose of accommodating a telecommunication tower and, (iii) the application meets the standards set forth in subsections 7-16-2(c) and (d) of this chapter.
b. The applicant for a special use permit for a telecommunication tower shall bear the burden of demonstrating by substantial evidence in a written record that a bona fide need exists for the proposed telecommunication tower and that no reasonable combination of locations, techniques or technologies will obviate the need for, or mitigate the height or visual impact of, the proposed telecommunication tower.
c. Application fees for a special use for a telecommunication tower shall be in accordance with the City of Asheville's Fees and Charges Manual.
d. The city may elect to retain outside consultants or professional services to review a special use application for a telecommunication tower and to make recommendations on relevant issues including, but not limited to, verification of the applicant's due diligence, analysis of alternatives, conditions of approval, and compliance with state and federal rules and regulations at the applicant's expense. An application shall not be deemed complete until the applicant has posted a $5,000.00 cash bond, or other security satisfactory to the city, guaranteeing payment of such expenses. Private business users operating a single wireless telecommunication facility at their principal place of business and governmental users are exempt from the bond requirement.
e. In addition to the notice requirements of section 7-5-20 of this chapter, the applicant for a special use permit for a telecommunication tower shall be required to notify by regular mail all property owners within a one-quarter mile (1,320 feet) radius of the proposed location of any public hearing on the application at least ten days prior to the hearing. The planning and development director or designee may require the applicant to conduct a crane or balloon test to simulate the height of the proposed tower. Notice of the dates and times of such tests shall be mailed by the applicant to all property owners within a one-quarter mile (1,320 feet) radius of the proposed location at least ten days prior to the primary test date. The notice shall state primary and alternate test dates, as well as a range of dates for testing in the event of extended periods of inclement weather. The planning and development director or designee shall review and approve the sufficiency of the notice prior to mailing and, as part of its application, the applicant will be required to submit a certificate of mailing and attach a copy of the notice and a list of the addresses to which it was sent. In the event the applicant shall seek to increase the height of a proposed tower, or move its location more than 50 feet laterally, from that stated in the original notices, additional notice shall be required to be given in accordance with the above provisions and all time periods shall run from the date of supplemental notification.
f. Applicants for telecommunication towers shall first be encouraged to consider properties owned by the city or Buncombe County, or instrumentalities thereof, before considering private properties. Public properties shall be subject to the same restrictions and standards of appropriateness as private properties. All such public agencies or instrumentalities shall retain discretion as to whether to make a specific property available for wireless telecommunication facilities and to make determinations with respect to site capacity, aesthetics, or suitability of such facilities.
g. Telecommunication towers proposed on properties under the ownership or control of the North Carolina Department of Transportation shall simulate typical highway lighting towers in height and appearance and shall be clustered amongst or near such towers so as to be unobtrusive. If due to topography, existing vegetative canopy, or other local conditions, the planning and zoning commission determines that a tower disguised as a coniferous tree is a preferable aesthetic alternative to a simulated lighting tower, it may require such camouflage treatment as a condition of approval. If any portion of a telecommunication tower located on such properties is used to mount cameras, instruments, sensors or antennas for governmental use, and the same structure supports or incorporates commercial wireless telecommunication facilities, the governmental use shall be deemed incidental or accessory to the commercial use and the entire facility shall be treated as a commercial use for purposes of this section.
h. It is the policy of the city to encourage co-location and the use of existing structures where appropriate. In furtherance of that policy objective, the following provisions shall apply to an application for a special use permit for a telecommunication tower:
1. A special use for a telecommunication tower shall not be approved unless the tower is designed structurally, electrically, mechanically and in all respects to accommodate at least two additional users. An application shall not be deemed complete until the applicant submits:
a. A letter of intent agreeing to make all of its wireless telecommunication facilities (including existing facilities) within the city available to providers of functionally equivalent services at commercially reasonable rates.
b. A copy of an executed lease for the proposed tower site that allows co-location or leasing or subleasing to other providers of functionally equivalent services.
2. Applicants are encouraged to meet co-location requirements by using dual-band/multi-band antennas to allow sharing of antennas or antenna arrays by wireless providers using different frequency bands or by using combiners to allow antenna sharing by users of the same frequency band.
3. A special use application for a telecommunication tower shall not be approved if an electric transmission tower is located above, or no less than 25 feet below, the ground elevation of and within the search radius of a proposed telecommunication tower, unless the applicant can demonstrate one or more of the following:
a. That sufficient easements or other interests in real property cannot be obtained to accommodate the wireless telecommunication facility;
b. That the electric utility owning the electric transmission tower is unwilling to allow its use for wireless facilities;
c. That the applicant is unable to gain sufficient ingress and egress to the electric transmission tower;
d. That the existing use of the electric transmission tower would interfere with the operations of the applicant as documented by a qualified and licensed North Carolina engineer, and the interference cannot be prevented;
e. That the planned equipment would exceed the structural capacity of the electric transmission tower as documented by a qualified and licensed North Carolina professional engineer, and the electric transmission tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
Electric transmission towers may be increased in height to that allowed for telecommunication towers in the district in which the electric transmission tower is located if the planning and zoning commission determines such height extension is preferable to placement of a new telecommunication tower in that area.
4. A special use application for a telecommunication tower shall not be approved unless the equipment planned for the proposed tower cannot be accommodated on existing or approved towers, buildings or alternative structures more than 30 feet in height (after first considering electric transmission towers) within a one-quarter mile (1,320 foot) radius of the proposed telecommunication tower due to one or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or approved tower, building or alternative structures, as documented by a qualified and licensed North Carolina professional engineer, and the existing or approved tower, building or structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.
b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment on the towers, buildings or alternative structures, as documented by a qualified and licensed North Carolina engineer, and the interference cannot be prevented at a reasonable cost.
c. Existing or approved towers, buildings or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed North Carolina professional engineer.
d. Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon existing or approved towers, buildings or alternative structures.
5. Antennas associated with a wireless telecommunication facility may not be co-located on a tower or other support structure used by an amateur radio operator.
i. No wireless telecommunication facility shall interfere with usual and customary radio and television reception with the exception of broadcast facilities as provided for in the regulations of the FCC.
j. All telecommunication towers must comply with FCC and FAA regulations.
k. A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless telecommunication facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the city in conjunction with other wireless telecommunication facilities, the applicant may certify that such licenses remain in full force and effect.
l. As part of its application, each applicant for a telecommunication tower shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility within 180 days of the abandonment or cessation of operations of the facility. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the City of Asheville for all costs it incurs to perform any work required of the applicant by the agreement that it fails to perform. A $5,000.00 cash bond, or other security acceptable to the City of Asheville, shall be required in conjunction with the maintenance/removal agreement. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the facility has been removed and all other requirements of the maintenance/removal agreement have been satisfied. Private business users operating a single wireless telecommunication facility at their principal place of business and governmental users are exempt from the bond requirement.
m. Abandoned or unused wireless telecommunication facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days written notice of its intention to do so to the permittee at its last known address.
n. All telecommunication towers shall comply with FAA lighting requirements. In addition, in a specific instance, the city may impose lighting requirements for a tower that is not required by FAA regulations to be lit.
o. Except as otherwise provided herein, minimum setbacks for telecommunication towers shall be in accordance with the setback requirements set forth in the development standards for the district in which the location of the tower is proposed. In addition, for all properties other than city-owned properties, telecommunication towers must be setback from any residentially zoned or residentially used properties a distance equivalent to the full height of the tower being erected. The planning and zoning commission may reduce the setback requirement upon a showing by the applicant that there are special physical circumstances or conditions affecting the proposed site such that the strict application of the setback requirement would not allow the most effective use of the proposed site to minimize the visual impact of the wireless telecommunication facility.
o.1. In residential districts, a minimum lot size of five acres is required for all properties other than city-owned properties. This requirement may be reduced by the planning and zoning commission if other site features are found to mitigate the impact of the tower but, under no circumstances shall the lot size be reduced to less than three acres.
p. Telecommunication towers shall be buffered from adjacent properties with a buffer which, at a minimum, meets the requirements of an "A" buffer as described in section 7-11-3 of this chapter, regardless of adjacent zoning district classifications or uses.
q. No telecommunication tower shall be located:
1. On top of buildings;
2. In local historic districts, on the property on which a local historic landmark is located, or within 1,000 feet of any local historic district or local historic landmark.
3. In areas determined by the planning and zoning commission to be "view areas" (formerly "viewsheds of superior quality"), taking into consideration the definitions by the United States Department of Interior, Blue Ridge Parkway Office. A map indicating the location of the "view areas" which has been reviewed and adopted by the city council shall be kept on file in the planning and development department of the city.
4. On a restricted mountain ridge.
r. In cases where an applicant is required to perform an environmental assessment (EA) or an environmental impact statement (EIS) under the National Environmental Policy Act or the National Historic Preservation Act, such EA or EIS shall be submitted as part of its application for a special use permit. An application for a special use permit will not be deemed complete until any required EA or EIS has been submitted to the city.
s. Telecommunication towers shall not be constructed unless the company erecting the tower has general liability coverage of at least $1,000,000.00. The owner of a telecommunication tower shall provide the city with a certificate of insurance showing evidence of its coverage and the certificate shall contain a requirement that the insurance company notify the city 30 days prior to the cancellation, modification or failure to renew the insurance coverage required.
t. Telecommunication towers shall be designed to meet the following standards:
1. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment. The city council may condition approval on the use of specific concealment techniques where it determines that doing so is necessary or desirable.
2. Guyed towers are prohibited. Commercial wireless telecommunication towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment.
3. Use of dual-polarized antennas which electronically combine the functions of transmit and receive antennas (rather than spatial diversity antenna arrays which rely on antennas being physically separated), dual-band/multi-band antennas (allowing two or more providers of different types of commercial wireless services to share a common antenna), and use of combiners (allowing antenna sharing by providers using the same frequency band) are encouraged.
4. Antennas shall be mounted on telecommunication towers so as to present the smallest possible silhouette, profile, or cross-section. Preferred antenna mounting scenarios are, in order of descending preference:
a. Compact dual-polarized antennas in a cylindrical unicell arrangement extending no more than two feet from the sides of the supporting structure and mounted atop the tower;
b. Panel antennas flush-mounted against the tower;
c. Antennas mounted at the end of straight or curved davit arms or brackets extending from the sides of the tower.
5. No telecommunication tower shall have constructed thereon, or attached thereto in any way, any platform, catwalk, crow's nest, triangular framework, or like structures or equipment, except during periods of construction or repair. Curved or straight davit arms or brackets used for antenna mounting shall be connected to the tower at the base of the arms or brackets only and such arms or brackets (and any antennas or hardware mounted thereon) shall not be physically interconnected with any similar arm or bracket.
6. All equipment enclosures and other improvements accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall be maintained in good appearance and repair. No equipment enclosure may exceed 12 feet in height. Ground mounted equipment shall be screened from view with a minimum "B" buffer as described in section 7-11-3 of this chapter, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
7. Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
8. Telecommunication towers, equipment enclosures and other improvements shall be enclosed within a security fence consisting of chain link fencing at least eight feet in height. The fence may be topped with barbed wire. The planning and zoning commission may require as a condition of approval that the fencing be screened by appropriate landscaping or other means. The planning and zoning commission may waive or modify the fencing requirement if it determines that doing so will enhance the overall appearance of the facility without any compromise in safety or security.
9. Telecommunication towers shall have a flat gray or galvanized finish unless the planning and zoning commission determines another color scheme would be a preferable aesthetic alternative.
10. No two telecommunication towers shall be constructed within 1,320 feet of each other unless documentation is provided to the planning and development department to show that co-location on towers within the 1,320 feet is not technically feasible.
11. No telecommunication tower shall be permitted which exceeds 100 feet in height.
12. Signage at any telecommunication tower site shall conform to the following provisions:
a. A sign listing the name of the wireless telecommunication service provider operating the site, the site name or number and an emergency telephone number shall be posted at or near the entrance to the site so as to be readily visible to persons outside the site's security fencing.
b. Equipment hazard warning and informational signs are permitted.
c. The posting of any other signs or advertising is prohibited at any wireless telecommunication facility or upon any telecommunication tower.
13. The planning and zoning commission may require any other conditions deemed necessary or desirable to ameliorate the impact of the tower on the adjacent properties and uses. Such conditions shall include, but are not limited to: the height of the tower; the construction or type of tower; lighting; and co-location of the antennas and facilities of different parties on a single tower.
u. An annual wireless telecommunication facility permit shall be required for each wireless telecommunication facility located in the city. Before a permit shall be issued or renewed an applicant or permittee must certify that:
1. It currently holds an FCC license to provide commercial wireless services and that such license is in good standing or, if the permittee is not an FCC licensee, that the license of each of its FCC tenants is in good standing.
2. The wireless telecommunication facility continues to be operated by the permittee and that it has a continuing need for the facility to meet the requirements of its FCC license.
3. That the facility continues to comply with all FCC and FAA rules and regulations and all conditions of its special use permit.
4. That the permittee currently has general liability insurance of at least $1,000,000.00 in force covering the wireless telecommunication facility as evidenced by a certificate of insurance attached to its renewal application.
5. That it is in compliance with its maintenance/removal agreement and that any bond or other security given in conjunction therewith remains in full force and effect.
6. That it has not constructed, maintained, modified or operated any wireless telecommunication facilities in the city without the city's approval or, if it has done so, that it has ceased operating and has removed all such facilities.
Failure to obtain or renew an annual wireless telecommunication facility permit shall result in the wireless telecommunication facility being deemed abandoned and subject to removal, as well as subjecting the facility's owner to all other penalty and enforcement provisions of this Code. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' advance written notice to the permittee at its last known address of the pending expiration of the permittee's annual wireless telecommunication facility permit. Fees for annual wireless telecommunication facility permits shall be in accordance with the City of Asheville Fees and Charges Manual.
v. Special use permits for telecommunication towers shall be valid for an initial period of five years. Upon application by the permittee within 60 days prior to the expiration of the initial permit period, a review shall be conducted to determine whether and under what conditions the special use may be extended for successive five-year periods. Costs associated with the review process shall be borne by the permittee. Fees for five-year permit renewal shall be in accordance with the City of Asheville Fees and Charges Manual. Grounds for nonrenewal or revocation include:
1. The use involved is no longer allowed as a special use in the zoning district or fails to comply with the relevant requirements of this chapter as adopted on January 12, 1999, or any subsequently enacted land use regulations in effect at the time of renewal and the permittee has failed to supply reasonable assurances that the facility will be brought into compliance within 180 days of the initial permit's expiration;
2. The permittee has failed to comply with the conditions of any special use approval;
3. The facility has not been properly maintained;
4. The facility has not been upgraded to minimize its impact, including community aesthetics, to the greatest extent permitted by the technology exists at the time of renewal; or
5. The permittee has failed to operate the facility for a continuous period of 180 days or more.
If a special use is not renewed prior to its expiration, it shall automatically become null and void without notice and hearing five years after it is issued or upon cessation of use for more than 180 days, whichever comes first. Within 180 days after expiration or revocation of a special use approval for a telecommunication tower, or the abandonment or cessation of operation of the wireless facility, the tower and facility shall be removed from the property. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' written notice of its intent to do so to the permittee at its last known address.
w. A special use approval for a telecommunication tower shall become null and void if the facility is not constructed and placed in service within one year of the date of approval provided, however, that the special use approval may be extended one time for six months if substantial construction has commenced before the end of the initial year.
(4) Concealed telecommunication support structures.
a. Use districts: All zoning districts except the Central Business District. In residential districts, concealed telecommunication support structures may only be permitted as a special use at schools, places of worship, fire stations, publicly-owned housing complexes, recreation centers, community centers, or other properties not used for residential purposes; provided that the existing or current use is not otherwise non-conforming, and that the property is not subdivided for the purpose of accommodating a telecommunications tower.
b. Concealed telecommunication support structures are a narrowly limited alternative means for providing wireless service to parts of the community, such as residential areas, where conventional telecommunication towers would be aesthetically unacceptable. In order to encourage design creativity and to assure that such structures are in harmony with their setting, the planning and zoning commission shall not approve the special use application for a concealed telecommunication structure unless it finds that:
1. The structure is a work of public art that enhances and is compatible with its surroundings; or
2. On developed parcels, that the structure appears integral to or complements the design of any building or complex of buildings located on the same parcel and is not readily discernible or distinguishable as a telecommunication structure; and
3. That the overall location, design, and configuration is appropriate to the particular proposed location.
c. The applicant for a special use permit for a concealed telecommunication support structure shall bear the burden of demonstrating by substantial evidence in a written record that a bona fide need exists for the proposed structure and that no reasonable combination of locations, techniques or technologies will obviate the need for, or mitigate the height or visual impact of, the proposed structure.
d. Application fees for a special use for a concealed telecommunication support structure shall be in accordance with the City of Asheville's Fees and Charges Manual.
e. The city may elect to retain outside consultants or professional services to review a special use application for a concealed telecommunication support structure and to make recommendations on relevant issues including, but not limited to, verification of the applicant's due diligence, analysis of alternatives, conditions of approval, and compliance with state and federal rules and regulations at the applicant's expense. An application shall not be deemed complete until the applicant has posted a $5,000.00 cash bond, or other security satisfactory to the city, guaranteeing payment of such expenses. Private business users operating a single wireless telecommunication facility at their principal place of business and governmental users are exempt from the bond requirement.
f. In addition to the notice requirements of section 7-5-20 of this chapter, the applicant for a special use for a concealed telecommunication support structure shall be required to notify by regular mail all property owners within a one-quarter mile (1,320 feet) radius of the proposed location of any public hearing on the application at least ten days prior to the hearing. The planning and development director or designee may require the applicant to conduct a crane or balloon test to simulate the height of the proposed structure. Notice of the dates and times of such tests shall be sent by the applicant by regular mail to all property owners within a one-quarter mile (1,320 feet) radius of the proposed location at least ten days prior to the primary test date. The notice shall state primary and alternate test dates, as well as a range of dates for testing in the event of extended periods of inclement weather. The planning and development director or designee shall review and approve the sufficiency of the notice prior to mailing and, as part of its application, the applicant will be required to submit a certificate of mailing and attach a copy of the notice and a list of the addresses to which it was sent. In the event the applicant shall seek to increase the height of a proposed structure, or move its location more than 50 feet laterally, from that stated in the original notices, additional notice shall be required to be given in accordance with the above provisions and all time periods shall run from the date of supplemental notification.
g. Applicants for a special use for a concealed telecommunication support structure shall first be encouraged to consider properties owned by the city or Buncombe County, or instrumentalities thereof, before considering private properties. Public properties shall be subject to the same restrictions and standards of appropriateness as private properties. All such public agencies or instrumentalities shall retain discretion as to whether to make a specific property available for wireless telecommunication facilities and to make determinations with respect to site capacity, aesthetics, or suitability of such facilities.
h. It is the policy of the city to encourage co-location and the use of existing structures where appropriate. In furtherance of that policy objective, the following provisions shall apply to an application for a special use permit for a concealed telecommunication support structure:
1. A special use for a concealed telecommunication support structure shall not be approved unless the tower is designed structurally, electrically, mechanically and in all respects to accommodate at least one additional user. An application shall not be deemed complete until the applicant submits:
a. A letter of intent agreeing to make all of its wireless telecommunication facilities (including existing facilities) within the city available to providers of functionally equivalent services at commercially reasonable rates.
b. A copy of an executed lease for the proposed tower site that allows co-location or leasing or subleasing to other providers of functionally equivalent services.
2. Applicants are encouraged to meet co-location requirements by using dual-band/multi-band antennas to allow sharing of antennas or antenna arrays by wireless providers using different frequency bands or by using combiners to allow antenna sharing by users of the same frequency band.
i. A special use application for a concealed telecommunication support structure shall not be approved if an electric transmission tower is located above, or no less than 25 feet below, the ground elevation of and within a one-quarter mile (1,320 feet) radius laterally of a proposed structure, unless the applicant can demonstrate that sufficient easements or other interests in real property cannot be obtained to accommodate the wireless telecommunication facility, or that the electric utility owning the electric transmission tower is unwilling to allow its use for wireless facilities. Such electric transmission towers may be increased in height to that allowed for concealed telecommunication support structures in the district in which the transmission tower is located (other than in residential districts) if the planning and zoning commission determines such height extension is preferable to placement of a new concealed telecommunication support structure.
j. A special use application for a concealed telecommunication support structure shall not be approved unless the equipment planned for the proposed tower cannot be accommodated on existing or approved towers, buildings or alternative structures more than 30 feet in height (after first considering electric transmission towers) within a one-quarter mile (1,320 foot) radius of the proposed structure due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved tower, building or alternative structures, as documented by a qualified and licensed North Carolina professional engineer, and the existing or approved tower, building or structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment on the towers, buildings or alternative structures, as documented by a qualified and licensed North Carolina engineer, and the interference cannot be prevented at a reasonable cost.
3. Existing or approved towers, buildings or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed North Carolina professional engineer.
4. Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon existing or approved towers, buildings or alternative structures.
k. Antennas associated with a wireless telecommunication facility may not be co-located on a tower or other support structure used by an amateur radio operator.
l. Before approving a concealed telecommunication support structure, the planning and zoning commission may consider the desirability of relocating wireless facilities located on other structures to the proposed new structure in order to facilitate reductions in visual impacts or the decommissioning of other structures.
m. No wireless telecommunication facility shall interfere with usual and customary radio and television reception with the exception of broadcast facilities as provided for in the regulations of the FCC.
n. All telecommunication towers must comply with FCC and FAA regulations.
o. A copy of the applicant's FCC license must accompany its application. If the applicant is not an FCC licensee, the applicant must demonstrate that it has binding commitments from one or more FCC licensees to utilize the wireless telecommunication facility and must submit a copy of each such wireless service provider's FCC license. If FCC licenses have previously been filed with the city in conjunction with other wireless telecommunication facilities, the applicant may certify that such licenses remain in full force and effect.
p. As part of its application, each applicant for a concealed telecommunication support structure shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility within 180 days of the abandonment or cessation of operations of the facility. Such agreement shall require the applicant to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the City of Asheville for all costs it incurs to perform any work required of the applicant by the agreement that it fails to perform. A $5,000.00 cash bond, or other security acceptable to the City of Asheville, shall be required in conjunction with the maintenance/removal agreement. The applicant and its successors and assigns shall be required to continue such bond or other security unit until such time as the facility has been removed and all other requirements of the maintenance/removal agreement have been satisfied. Private business users operating a single wireless telecommunication facility at their principal place of business and governmental users are exempt from the bond requirement.
q. Abandoned or unused wireless telecommunication facilities shall be removed within 180 days of abandonment or cessation of operations. If not removed within that period, such facilities may be removed as provided in the permittee's maintenance/removal agreement and the costs of removal recovered from the permittee's bond or other security. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' written notice of its intent to do so to the permittee at its last known address.
r. Concealed telecommunication support structures shall not have aircraft obstruction lighting unless, in a particular instance, the planning and zoning commission may require such lighting. The exterior of the structure may be illuminated if such lighting is approved by the planning and zoning commission as part of the concealed structure's overall design.
s. Except as otherwise provided herein, minimum setbacks for concealed telecommunication support structures shall be in accordance with the setback requirements set forth in the development standards for the district in which the location of the tower is proposed. In addition, telecommunication towers must be set back from any residentially zoned or residentially used properties a distance equivalent to one-half the height of the tower being erected. The planning and zoning commission may reduce the setback requirement upon a showing by the applicant that there are special physical circumstances or conditions affecting the proposed site such that the strict application of the setback requirement would not allow the most effective use of the proposed site to minimize the visual impact of the wireless telecommunication facility.
t. Concealed telecommunication support structures shall be buffered from adjacent properties with a row of evergreen trees and/or shrubs planted in a landscape strip with a minimum width of five feet, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
u. No concealed telecommunication support structure shall be located:
1. In local historic districts, on the property on which a local historic landmark is located, or within 1,000 feet of any local historic district unless the historic resources commission shall issue a certificate of appropriateness indicating its approval of the proposed structure;
2. In areas determined by the planning and zoning commission to be "view areas" (formerly "viewsheds of superior quality"), taking into consideration the definitions by the United States Department of Interior, Blue Ridge Parkway Office, unless the applicant demonstrates that the structure will not result in derogation of resources, values or purposes for which the Blue Ridge Parkway was established. A map indicating the location of the "view areas" which has been reviewed and adopted by the city council shall be kept on file in the planning and development department of the city.
3. On a restricted mountain ridge.
v. In cases where an applicant is required to perform an environmental assessment (EA) or an environmental impact statement (EIS) under the National Environmental Policy Act or the National Historic Preservation Act, such EA or EIS shall be submitted as part of its application for a special use permit. An application for a special use permit will not be deemed complete until any required EA or EIS has been submitted to the city.
w. Concealed telecommunication support structures shall not be constructed unless the company erecting the structure has general liability coverage of at least $1,000,000.00. The owner of such a structure shall provide the city with a certificate of insurance showing evidence of its coverage and the certificate shall contain a requirement that the insurance company notify the city 30 days prior to the cancellation, modification or failure to renew the insurance coverage required.
x. Concealed telecommunication support structures shall be designed to meet the following standards:
1. Structures and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment. The planning and zoning commission may specify a particular concealment technique or architectural treatment as a condition of approval.
2. All antennas shall be mounted behind an RF-transparent façade and shall be arranged so as to make efficient use of space inside the support structure in order to maximize co-location opportunities. Use of dual-polarized antennas which electronically combine the functions of transmit and receive antennas (rather than spatial diversity antenna arrays which rely on antennas being physically separated), dual-band/multi-band antennas (allowing two or more providers of different types of commercial wireless services to share a common antenna), and use of combiners (allowing antenna sharing by providers using the same frequency band) are encouraged in order to make efficient use of space within a concealed structure.
3. All equipment enclosures and other improvements accessory to a concealed telecommunication support structure shall be architecturally designed to blend in with the surrounding environment and shall be maintained in good appearance and repair. No equipment enclosure may exceed 12 feet in height. Ground mounted equipment shall be screened from view with a minimum "B" buffer as described in subsection 7-11-3(d)(15) of this chapter, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood and land uses.
4. Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
5. Equipment enclosures and other improvements associated with a concealed telecommunication support structure shall be enclosed within a security fence consisting of chain link fencing at least eight feet in height. The fence may be topped with barbed wire. The planning and zoning commission may require as a condition of approval that the fencing be screened by appropriate landscaping or other means. The planning and zoning commission may waive or modify the fencing requirement if it determines that doing so will enhance the overall appearance of the facility without any compromise in safety or security.
6. The height of any concealed telecommunication support structure shall be limited to the minimum height necessary to achieve effective signal propagation above the surrounding vegetative canopy, and to maintain an appropriate sense of scale with the surrounding buildings, land uses and landscape. No concealed telecommunication support structure shall be permitted which exceeds 100 feet in height.
7. Signage at any concealed telecommunication support structure site shall conform to the following provisions:
a. A sign listing the name of the wireless telecommunication service provider operating the site, the site name or number and an emergency telephone number shall be posted at or near the entrance to the site so as to be readily visible to persons outside the site's security fencing or entrance.
b. Equipment hazard warning and informational signs are permitted.
c. The posting of any other signs or advertising is prohibited at any wireless telecommunication facility or upon any concealed telecommunication support structure provided, however, that the planning and zoning commission may approve signage on the exterior of a concealed telecommunication support structure identifying the property on which the facility is located if such signage is integral to the overall concealment scheme.
8. The planning and zoning commission may require any other conditions deemed necessary or desirable to ameliorate the impact of the support structure on adjacent properties and uses. Such conditions shall include, but are not limited to: the height of the structure; the design, construction or type of structure; lighting; and co-location of the antennas and facilities of different parties on a single structure.
y. An annual wireless telecommunication facility permit shall be required for each wireless telecommunication facility located in the city. Before a permit shall be issued or renewed an applicant or permittee must certify that:
1. It currently holds an FCC license to provide commercial wireless services and that such license is in good standing or, if the permittee is not an FCC licensee, that the license of each of its FCC tenants is in good standing.
2. The wireless telecommunication facility continues to be operated by the permittee and that it has a continuing need for the facility to meet the requirements of its FCC license.
3. That the facility continues to comply with all FCC and FAA rules and regulations and all conditions of its special use permit.
4. That the permittee currently has general liability insurance of at least $1,000,000.00 in force covering the wireless telecommunication facility as evidenced by a certificate of insurance attached to its renewal application.
5. That it is in compliance with its maintenance/removal agreement and that any bond or other security given in conjunction therewith remains in full force and effect.
6. That it has not constructed, maintained, modified or operated any wireless telecommunication facilities in the city without the city's approval or, if it has done so, that it has ceased operating and has removed all such facilities.
Failure to obtain or renew an annual wireless telecommunication facility permit shall result in the wireless telecommunication facility being deemed abandoned and subject to removal, as well as subjecting the facility's owner to all other penalty and enforcement provisions of this Code. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' advance written notice of its intent to the permittee at its last known address of the pending expiration of the permittee's annual wireless telecommunication facility permit. Fees for annual wireless telecommunication facility permits shall be in accordance with the City of Asheville Fees and Charges Manual.
z. Special use permits for concealed telecommunication support structures shall be valid for an initial period of five years. Upon application by the permittee within 60 days prior to the expiration of the initial permit period, a review shall be conducted to determine whether and under what conditions the special use may be extended for successive five-year periods. Costs associated with the review process shall be borne by the permittee. Fees for five-year permit renewals shall be in accordance with the City of Asheville Fees and Charges Manual. Grounds for nonrenewal or revocation include:
1. The use involved is no longer allowed as a special use in the zoning district or fails to comply with the relevant requirements of this chapter as adopted on January 12, 1999, or any subsequently enacted land use regulations in effect at the time of renewal and the permittee has failed to supply reasonable assurances that the facility will be brought into compliance within 180 days of the initial permit's expiration;
2. The permittee has failed to comply with the conditions of any special use approval;
3. The facility has not been properly maintained;
4. The facility has not been upgraded to minimize its impact, including community aesthetics, to the greatest extent permitted by the technology existing at the time of renewal; or
5. The permittee has failed to operate the facility for a continuous period of 180 days or more.
If a special use is not renewed prior to its expiration, it shall automatically become null and void without notice and hearing five years after it is issued or upon cessation of use for more than 180 days, whichever comes first. Within 180 days after expiration or revocation of a special use approval for a concealed telecommunication support structure, or the abandonment or cessation of operation of the wireless facility, the structure and facility shall be removed from the property. Prior to removing a wireless telecommunication facility pursuant to this provision, the city shall give 30 days' written notice of its intention to do so to the permittee at its last known address.
aa. A special use approval for a concealed telecommunication support structure shall become null and void if the facility is not constructed and placed in service within one year of the date of approval provided, however, that the special use approval may be extended one time for six months if substantial construction has commenced before the end of the initial year.
(5) Reserved.
(6) Reserved.
(7) Reserved.
(8) Adult establishments.
a. Use districts: Regional Business, Commercial Industrial, Highway Business.
b. The purpose of this section shall be to set forth the appropriate special requirements by which adult establishments may be established within the City of Asheville's zoning jurisdiction. Adult 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 city 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 city's residential areas, schools, places of worship, libraries, child care centers, and public parks and playgrounds which are typical areas in which juveniles congregate.
To address the purposes set forth above, the following restrictions are established:
1. No lot containing an adult establishment shall be located within a 1,000 foot radius of any lot containing another adult establishment.
2. No lot containing an 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 lot containing an adult establishment shall be located within a 1,000 foot radius of any church, school, library, licensed child care center, public recreation center, or public park or playground. Provided, however, the establishment of any place of worship, school, library, licensed child care 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 closest edge of the property 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.
(9) Those uses listed as a use by right, subject to special requirements which exceed a total floor area of 5,000 square feet.
a. Use district: Head of Montford Transition Overlay District.
(10) Reserved.
(11) Ancillary non-residential uses:
a. Use districts: All residential districts including Urban Residential.
b. Ancillary non-residential uses shall be limited to landscaping, and stormwater detention and related facilities in support of the principal use.
c. Ancillary uses shall be located on lots adjacent to, or immediately across the street from the principal use.
d. The principal use must be located in a non-residential zoning district, and must be a permitted use in that district.
e. Ancillary uses under this section may not be located on lots that, within 18 months prior to the date of application, had more than one residential structure that was demolished, except pursuant to a determination by the city building inspector that said structures were dilapidated.
f. Ancillary uses under this section may not extend into the adjacent residential zone by more than one lot, and the maximum lot size shall be one acre unless the planning and zoning commission determines that a larger lot size will be compatible with the residential character of the area.
g. Once a special use permit is granted for an ancillary non-residential use, no other special use permits for ancillary non-residential uses shall be granted for the same principal use.
h. Ancillary uses under this section must be buffered from adjacent residential property and meet all other landscaping requirements set forth in section 7-11-3 of this chapter.
i. All activities associated with non-residential uses conducted in the residential district, including deliveries and refuse collection, shall be conducted between the hours of 7:00 a.m. and 9:00 p.m. unless the planning and zoning commission determines that other operating hours are appropriate.
j. Outdoor storage, storage containers, and display of goods shall be prohibited.
(12) Detention centers, jails, and related correctional facilities
a. Use districts: Central Business District, Regional Business District, Commercial Industrial District.
b. Design standards: The structure must comply with the downtown design review guidelines for new construction in the areas covered by the design review guidelines. Compliance with the design guidelines for structures located in this area shall be mandatory. As part of the preliminary Staff/TRC review process, the Design Review Committee shall have responsibility for determining compliance with the downtown design review standards for these uses. In other locations, the structure must comply with the design standards set forth in the supplemental developmental standards for large retail structures. For the purpose of this condition, the structure shall be treated as a general retail structure.
c. Fencing: No chain link, barbed wire, razor wire, or similar fence materials shall be used in areas that are visible from adjacent properties or from the public way unless specifically permitted by the planning and zoning commission approving the special use permit.
d. Fenced areas: Fenced areas shall not abut any principal street unless specifically permitted by the planning and zoning commission approving the special use permit.
e. Lighting: Lights in pedestrian areas and parking lots shall not exceed 16 feet in height. All lights other than those in public pedestrian areas, including security lights, shall be full cut-off type fixtures, and shall not produce direct glare or light trespass on adjacent properties.
f. Signage: All signage must be reviewed and approved as part of the special use permit application. The Planning and Zoning Commission may attach conditions addressing the location, size, number, and illumination of signs based upon circumstances related to the location and impact of the sign(s).
g. Operational standards: No outdoor speaker systems shall be permitted. Vehicles entering and/or leaving the facility shall not use sirens or emergency lights unless responding to an emergency.
h. Loading/unloading: All loading and unloading areas shall be located internally on the site and screened from view from adjacent properties and public ways. All loading and unloading activities shall take place between the hours of 6:00 a.m. and 9:00 p.m., unless specifically waived by the planning and zoning commission approving the special use permit or in conflict with a judicial order. This condition includes prisoner pick up and drop off of more than two prisoners.
i. Exercise yard exercise yards and other outdoor activity areas shall be located internally on the site and screened from view from adjacent properties and public ways.
j. Vehicle storage: All vehicles associated with the use shall be stored in an enclosed or screened area. The vehicle storage area may be screened with vegetation, fences, a combination of fences and landscape material, or other means designed to effectively screen the stored vehicles from adjacent properties and the public way.
(13) Government buildings and uses.
a. Use districts: Central Business District.
b. The proposed location for the use or building will not unduly or unreasonably restrict the availability of key land for private development.
c. No alternative location for the building or use exists within areas previously developed for government buildings and/or uses.
d. If a new structure is proposed in the areas covered by the design review guidelines, the ability of the structure's design to comply with the downtown design review guidelines for new construction shall be a factor in the review of the request. New structures in these areas must substantially comply with the design guidelines as determined by the Design Review Committee as part of the Staff/TRC preliminary review.
(14) Motor vehicle and boat sales, new and used.
a. Use district: Central Business
b. Minimum lot size: 1 acre
c. In order to maintain an urban streetscape, storage of automobiles outside an enclosed building shall be limited to not more than 25 percent of the total number of automobiles offered for sale, or, alternately, the outdoor storage of automobiles for sale shall be screened by buildings occupying at least 75 percent of the street frontage of the subject property.
d. Automobiles needing repair shall be stored within an enclosed building or, alternately, screened from all public rights-of-way.
e. Lighting shall comply with the standards of the City of Asheville.
f. If a new structure is proposed in the areas covered by the design review guidelines, the ability of the structure's design to comply with the downtown design review guidelines for new construction shall be a factor in the review of the request. New structures in these areas must substantially comply with the design guidelines as determined by the Design Review Committee as part of Staff/TRC preliminary review.
(15) Drive through facilities and uses.
a. Use districts: Neighborhood Corridor.
b. The purpose of this section is to ensure the pedestrian character and safety along the corridor are protected but allow drive through facilities at locations that will not detract from the rest of the district.
c. Drive through facilities will generally operate with a single window and will be located to the side or rear of the structure. Planning and Zoning Commission may consider other proposals with more than a single window for locations that are appropriate for this use.
d. Drive through facilities shall not be placed on the street side of a building on a corner lot but shall be located to the side or rear of the structure.
e. Outdoor speakers and lighting must be designed and used in such a way to eliminate both noise and light trespass to neighboring properties.
f. Hours of operation may also be limited by the Planning and Zoning Commission to ensure compatibility with neighboring uses in the vicinity of the drive through.
g. For new structures in the Neighborhood Corridor district, compliance with items in the Design and Operation Standards in article 12 of the Neighborhood Corridor District shall be a requirement of this special use review as determined by Planning and Zoning Commission.
(16) Group homes.
a. Use districts: RS-8, RM-6, RM-8.
b. Separation requirement: Group homes shall be spaced a minimum of 600 feet from all other group homes and family care homes as measured from the closest property line of each property containing a family care home or group home.
c. Parking shall be located in the rear and shall be screened with vegetation from adjacent single-family uses as set forth in subsection 7-11-3(d)(4)k. The vegetative screening shall consist of the planting required for a Type A buffer or its equivalent as determined through the alternative landscape compliance process. Parking in the front or side of the lot may be approved by the planning and development director provided that the parking area can be adequately screened from adjacent residential uses and:
• The topography of the site makes it difficult to access the rear of the property; or
• The property on the opposite side of the street is developed with non-residential uses; or
• The majority of the residential properties on both sides of the street on the block on which the proposed use is to be constructed have parking located in the front or side; no more than two parking spaces shall be provided in front using this option for a group home located in an RS-8 zoning district.
d. It is the intent of these standards to ensure that group home structures resemble other residential structures in the neighborhoods where they are to be located. Pursuant to this intent, a group home structure shall be architecturally compatible with residential structures in the area in which it is to be constructed. Architectural compatibility shall be determined based upon compliance with the following standards:
• The structure shall be oriented on the lot in a manner similar to the residential structures on both sides of the street on the block on which it is to be constructed.
• In the RS-8 district, the structure shall have a single front entrance and any other entrances as required under various codes shall be located on the side(s) or rear of the structure. A corner side of the structure may have a single entrance provided the intent of this section is met.
• The height of the structure shall be no more than four feet taller than the height of the tallest residential structure located on the side of the street on the block on which the proposed use is to be constructed.
• The roof design, pitch and materials proposed for the structure shall be similar to the roof design, pitch and materials of the residential structures on both sides of the street on the block on which it is to be constructed.
• A front porch shall be provided on the proposed structure if a majority of the residential structures on both sides of the street on the block on which the new structure is proposed have front porches.
• Unless precluded by topography, the front yard depth for the proposed structure shall be not less than the average front yard depth for the residential structures on the same side of the street on the block on which the new construction is proposed.
• In RS-8 districts, the floor area of the group home structure shall not be more than 150 percent larger than the average floor area of single-family residential structures in the same block of the group home structure unless this floor area is provided below the grade of the principal façade of the group home structure or is otherwise designed to minimize its difference in size with said residences.
e. It is the intent of this section that group home uses will be located in areas where employment, goods, and services can readily be reached by a variety of means of transportation. Transit, a sidewalk network, and/or close proximity to employment, goods, and services shall be required for approval of a special use permit for a group home unless the intended residents of the group home do not require this service.
f. The group home structure(s) and the site on which it is located shall be maintained in accordance with standards established by applicable local and state regulations, including, but not limited to, the City of Asheville Minimum Housing Code. The Planning and Zoning Commission may require the submittal and implementation of a specific maintenance plan in order to ensure proper maintenance of the property in accordance with this provision."
g. That the definition of group home in section 7-2-5 be amended to read: Group home means a residential home provided by an agency, organization or individual for persons who need sheltered living conditions for rehabilitation, but not including mentally ill persons who are dangerous to others as defined in N.C. Gen. Stat. sec. 122C-3(11)b (or its successor). This definition does not include family care home as defined herein.
(17) Electrified security fences.
a. Use districts: Commercial Industrial.
b. Must meet standards for such fences in subsection 7-16-1(c).
(e) Conditions attached to approval. In approving the special use, the Asheville Planning and Zoning Commision may attach such conditions to the approval as it deems necessary to have the proposed use meet the standards set forth in subsection 7-16-2.(c) above and elsewhere in this chapter, and to protect the public health, safety, and general welfare. All such conditions shall be stated in the resolution approving the application. Such conditions may be stricter than any requirement or limitation stated elsewhere in this chapter for the proposed use. Such conditions may include, but are not limited to the following: limitations on the size, bulk and location of structures; requirements for landscaping, signage, and outdoor lighting; the provision of adequate ingress and egress; dedication of rights-of-way for streets or utilities; provision of recreational space and facilities; limitations on the duration of the approval and the time period within which the use will be developed; limitations on hours of operation; limitations on the transfer of such approval to a successor-in-interest or lessee of the property; provision of special fire protection features; and the mitigation of environmental impacts.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2462, §§ 2, 3, 4-14-98; Ord. No. 2535, §§ 10—12, 1-12-99; Ord. No. 2589, § 1(f), 7-13-99; Ord. No. 2622, § 1(d), 10-12-99; Ord. No. 2634, §§ 1(c)—(f), 1(i)—(k), 11-9-99; Ord. No. 2649, §§ 1(f), (g), 12-21-99; Ord. No. 2735, § 1b., c., 8-22-00; Ord. No. 2792, § 1(f), 2-13-01; Ord. No. 2850, § 1, 9-25-01; Ord. No. 2871, §§ 1(l)—1(o), 11-27-01; Ord. No. 2872, §§ 1(c), 1(d), 11-27-01; Ord. No. 2973, § 1(d), (e), 11-12-02; Ord. No. 3028, § 1(i), 5-27-2003; Ord. No. 3052, § 1(e), 8-26-03; Ord. No. 3064, §§ 1(e)(f), 10-14-03; Ord. No. 3083, § 1(d), 1-13-04; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3157, § 1(a)(12)—(15), 8-24-04; Ord. No. 3262, §§ 1(d, e), 7-12-05; Ord. No. 3479, §§ 1(f), (g), 5-22-07; Ord. No. 3582, §§ 1(e), (f), 2-12-08; Ord. No. 3757, §§ 1i, k, 7-14-09; Ord. No. 3793, § 1d, 9-22-09; Ord. No. 3897, § 1(f), 9-14-10; Ord. No. 3908, §§ 1f, g, 10-26-10; Ord. No. 3922, §§ 1a—e, 11-9-10; Ord. No. 3959, §§ 1r—z, 4-12-11; Ord. No. 4280, § 1, 2-11-14; Ord. No. 4560, § 1o, p, 2-14-17; Ord. No. 4608, § 1(y), (z), 8-22-17; Ord. No. 4613, § 1(c), (d), 9-12-17; Ord. No. 5057, § 1m, 1-23-24)