§ 154.117 SPECIAL USE STANDARDS.

   The following standards are applied to specific special uses. 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 standards listed in § 154.116 have been met.

   (A)   Private recreation facilities (profit).

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The Board of Adjustment may require buffering consisting of evergreen trees or shrubs located along the side and rear lot lines, but shall not extend beyond the established setback line along any street. Such buffer strip shall not be less than four feet in width and shall be composed of trees or shrubs of a type which, at maturity, shall be not less than six feet in height. This planting requirement may be modified by the Board of Adjustment where adequate buffering exists in the form of vegetation and/or terrain.

      (3)   The proposed hours of operation shall not be detrimental to the surrounding property due to noise, flashing lights, traffic, etc.

      (4)   All developments shall be compatible with surrounding residential uses; therefore, no signs with flashing lights shall be allowed. All non-flashing illuminated signs shall be so placed so as not to cast light on adjoining residential uses.

      (5)   Trash facilities must be approved by the Public Works Director. 1

   (B)   Radio and tv towers, satellite dishes, private water and sewer plants, private water storage tanks, church spires.2

      (1)   All such structures shall adhere to the setback requirements of § 154.105 and the location shall be approved by the Board of Adjustment.

      (2)   All such structures located on the ground shall be screened by native evergreen shrubs at least six feet in height and spaced no more than three feet apart.

      (3)   The size of satellite dishes in residential districts shall be limited to ten feet in diameter.

      (4)   Satellite dishes may be located on a roof where ground location is infeasible. Such installations shall not be located on a roof side facing a street.

      (5)   Satellite dishes shall be the black mesh type.

      (6)   The permit issued by the Board of Adjustment for satellite dish installation takes into effect elements specifically related to the dish, such as width, color, materials and location. For this reason, any time a new dish is to be installed, a new permit must be obtained.

   (C)   Multi-family dwellings.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   Building height and setbacks shall meet the minimum requirements found in § 154.105.

      (3)   The development shall meet the density requirements found in § 154.105. 3

      (4)   Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Ch. 47A, Art. 1) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.

   (D)   Restaurants.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The Board of Adjustment may require a buffer strip as defined in § 154.105.

      (3)   The area fronting on the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain. 4

   (E)   Laundry and dry cleaning services.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The Board of Adjustment may require a buffer strip as defined in § 154.005.

   (F)   Mechanical car wash.

      (1)   Included in the required development plan shall be a layout of the proposed ingress and egress and traffic circulation plan. Adequate areas shall be provided so that all patrons will be able to pull their vehicles off the street while waiting to utilize the available services.

      (2)   The Board of Adjustment may require a buffer strip as defined in § 154.005.

   (G)   Professional and business offices and services.

      (1)   This use shall only be permitted as part of an approved Planned Unit Development in R-3.

      (2)   This use shall only be permitted as part of an approved recreational development in the PS District.

   (H)   Retail trade, commercial services, sales and rental of goods, merchandise and equipment. In the PS District, this use shall only be permitted as part of an approved recreational development.5

   (I)   Planned Unit Developments.

      (1)   Purpose. The purpose of this section is to encourage and provide for flexibility and innovation in the design and location of structures and land development, to provide for mixtures of housing types and land use, to provide for the most efficient use of land resources, and to provide an opportunity to develop land areas in a manner different from the standard arrangement of one principal building on one lot. Residential densities are calculated on a project basis, thus allowing the clustering of buildings in order to create useful open spaces and preserve natural site features. It is further intended that a Planned Unit Development will be in harmony with the character of the district in which it is located.

      (2)   Planned Unit Development defined. Any development where more than one principal building or use is proposed to be constructed on a single lot, or any building with a gross floor area of 25,000 square feet or more, shall be deemed a Planned Unit Development (PUD). Residential units within a PUD may include single-family detached or attached units, townhouse developments, garden apartments, patio homes, condominiums, and other type residential units excluding mobile homes and mobile home parks.

      (3)   Land development standards. The following land development standards shall apply for all Planned Unit Developments. PUDs may be located in the R-3 districts as conditional uses, subject to a finding by the Board of Adjustment that certain conditions be met:

         (a)    Ownership control. The land in a PUD shall be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.

         (b)   Density requirements. There are no density requirements for non-residential uses as long as the proposed project does not violate the intent of the district in which it is located. The proposed residential density of the PUD (dwelling units per acre as shown in § 154.105) shall conform to that permitted in the district in which the development is located. If the PUD lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the PUD that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire Planned Unit Development.

         (c)   Frontage requirements. PUDs shall have access to a highway or road suitable for the scale and density of development being proposed.

         (d)   Land uses. A mixture of land uses shall be allowed in any PUD. However, within residential districts, non-residential uses shall not constitute the primary use in the PUD, and non-residential uses shall be carefully designed to complement the residential uses within the PUD. All PUDs must be compatible with and not violate the intent of the zoning district.

         (e)   Minimum requirements.

            1.   Waived. The normal minimum lot size, setbacks and frontage requirements are hereby waived for the PUD, provided that the spirit and intent of this section is complied with in the total development plan, as determined by the Board of Adjustment. The Board of Adjustment shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section.

            2.   Height limitations. No building or structure shall exceed the height limitations of the district in which it is located.

            3.   Required distance between buildings. The minimum distance between buildings shall be 20 feet or as otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.

            4.   Access to common use areas; streets, walkways, etc. Every dwelling unit shall have access to a public or private street, walkway or other area dedicated to common use, and there shall be provision for adequate vehicular circulation to all development properties in order to ensure acceptable levels of access for emergency vehicles. All roads within a Planned Unit Development shall meet the minimum construction standards for subdivision roads of the North Carolina Department of Transportation, Division of Highways' Subdivision Roads Minimum Construction Standards dated April, 1983 (as amended) with only the following exception: A reduced right-of-way of 40 feet will be permitted if a reduced width is essentially unavoidable due to topographic reasons and is approved by the Town Manager and/or Director of Public Works.6

            5.   Access to public road. All Planned Unit Developments must have access to a public road that meets the minimum construction standards for subdivision roads of the Division of Highways of the North Carolina Department of Transportation with the exception that in lieu of paving, the developer may use a minimum of eight inches of state approved Aggregate Base Course (ABC). In addition, all such access roads to Planned Unit Developments must be approved by the Director of Public Works for the Town of Beech Mountain and the Fire Chief of the Beech Mountain Volunteer Fire Department to insure the accessibility by emergency or municipal vehicles over such access roads to the Planned Unit Development.7

         (f)   Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise. Multilevel buildings shall be located within a PUD in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

         (g)   Perimeter requirements.

            1.   Structures located on the perimeter of the development must be set back from property lines and rights-of-way of abutting streets in accordance with the provisions of the Zoning Ordinance controlling the district within which the property is situated.

            2.   Structures other than single-family detached units located on the perimeter of the development may require screening in a manner which is approved by the Board of Adjustment.

         (h)   Water and sewer systems. Plans and accompanying documentation to ensure that the water and sewer systems proposed for the PUD have been approved by the appropriate local and state agencies shall be submitted as part of the application.

         (i)   Parking provisions. Preliminary plans shall include parking provisions for all proposed uses within the PUD in accordance with § 154.132. When more than one use is located in the PUD, the minimum required parking shall be the sum of the required parking for each use within the development.

         (j)   Vehicle and pedestrian traffic. Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.

         (k)   Protect character within zoning district. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the character within the zoning district and desirable character in any adjoining district.

         (l)   Unit of ownership. Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Ch. 47A, Art. 1) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.

         (m)   Avoid unnecessary cutting of trees. The development plan, and particularly the location of any buildings, roads, or parking areas, must be designed in such a way as to avoid the unnecessary cutting of any trees measuring more than six inches in diameter at ground level within the development.

   (J)   Hotels and motels.

      (1)   The area around the hotel or motel shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain.

      (2)   The Board of Adjustment may require a buffer strip as defined in § 154.006.

   (K)   Banks and other financial institutions.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The area fronting the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain.

   (L)   Hospitals, health clinics and doctors' offices.

       (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The area fronting the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain.

   (M)   Fraternal clubs and lodges.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The area fronting the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain.

   (N)   Motor vehicle service stations.

      (1)   Off-street parking shall be sufficient to meet the requirements found in § 154.132.

      (2)   The area fronting the street shall be landscaped with trees, grass, shrubs and flowers in keeping with the general scheme of Beech Mountain. 8

   (O)   Parking as a special use in R-2 zoned areas. 9

      (1)   The lot subject to the Special Use Permit shall be adjacent to a lot zoned CS, PS, or BMRI.

      (2)   The parking must be for the benefit of a contiguous lot zoned CS, PS, or BMRI.

      (3)   The parking shall not be intended to benefit a contiguous residential lot.

      (4)   The parking shall not create a significant nuisance to any adjoining residential lot.

      (5)   The lot must also meet the conditions listed in division (F) above of this section of the Zoning Ordinance.

      (6)   No structures shall be built on the lot.

   (P)   Campgrounds.

      (1)   Purpose. The purpose of this section is to provide standards for the private development of campgrounds as temporary seasonal accommodations for tourists and citizens, not designed for long-term lease or stay. Furthermore, this section aims to regulate and guide the establishment of campgrounds in order to promote public health, safety, and general welfare. This section is designed to accomplish the following specific objectives:

         (a)   To further the orderly layout of campgrounds;

         (b)   To secure safety from fire, panic, and other dangers;

         (c)   To provide adequate light and air;

         (d)   To ensure that facilities for transportation, parking, water, sewage, and accessory recreational activities are provided for campground visitors;

         (e)   To ensure that campgrounds have a minimal adverse effect upon the neighborhoods or locations in which they are located; and

         (f)   To ensure that such campgrounds are not used as permanent places of abode.

      (2)   Scope. This section shall pertain to the development of campgrounds for tent camping, recreational vehicle camping, and mixed tent/ RV camping. Permanent structures for camping such as “rustic camping cabins” are not covered under this section.

      (3)   Plan submission. Prior to the construction of a campground or the expansion of an existing campground, the developer shall submit a campground plan to the Board of Adjustments in accordance with § 154.116. The plan shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina and shall include the following items in addition to the requirements of § 154.116(D):

         (a)   Name of the park and developer;

         (b)   Vicinity map and site plan showing relationship between campground and surrounding area;

         (c)   Proposed camper spaces well defined, indicating accurate dimensions and site numbers;

         (d)   Surface and/or subsurface drainage plan and flood plain information, if necessary;

         (e)   Site data:

            1.   Acreage in total tract;

            2.   Acreage in campgrounds, if applicable;

            3.   Total number of spaces; and

            4.   Lineal feet in streets;

         (f)   Landscaping and buffering;

         (g)   Adjoining property owners;

         (h)   Title, date, graphic scale, north arrow;

         (i)   Method of garbage disposal; and

         (j)   Other items as necessary to illustrate that the design standards below will be met.

      (4)   Design standards. The following standards shall be considered the minimum requirements for all campgrounds.

         (a)   All campgrounds shall have a gross land area of at least five acres.

         (b)   Minimum space design. The following minimum space requirements also takes into account the need for adequate space to prevent overcrowding, prevent fire hazards, provide sufficient light and air, promote compatibility with neighboring land uses, and further the intent of the zoning Code for the Town of Beech Mountain.

 

Tent Camp Spaces	All Other Camp Spaces
Minimum Space: 800 sq. ft.	Minimum Space: 1,250 sq. ft.
Minimum Space Width: 20 feet	Minimum Space Width: 25 feet

 

         (c)   A minimum of 30% of the total land area shall be devoted to accessible common open space intended for recreational use. These areas are separate from the camper spaces, and shall be grouped and of character suitable for active and passive recreation and shall be reasonably located for safe and convenient access to guests.

         (d)   Each camper shall be located at least 30 feet from the edge of any publicly-maintained right of way.

         (e)   Each camper space shall be identified by a permanent number which shall not be changed. The appropriate number of each camper space must be permanent and visibly displayed on each space. Each number shall be placed on a concrete, wood, metal, or any permanent post and conspicuously located on the lot.

         (f)   All spaces shall be located on sites with elevations that are not susceptible to flooding. The spaces shall be graded to prevent any water from ponding or accumulating within the park. Each space shall be properly graded to obtain a reasonably flat site for a campground and to provide adequate drainage away from the space.

         (g)   All spaces shall be located on sites with an average slope of less than 18%.

         (h)   Permanent residence for owner-operator/superintendent. One single family dwelling shall be permitted on a campground. This residence shall comply with all regulations for single family dwellings in the Town of Beech Mountain Code of Ordinances and in the applicable North Carolina State Building Codes.

         (i)   Service building.

            1.   Each campground shall have at least one service building to provide necessary sanitation, restrooms, and laundry tray. This structure may also contain a retail sales counter and/or coin operated machine for the campground guests use, provided there is no exterior advertising. Vending machines may also be permitted in a sheltered area. Service buildings may have one private apartment for use as quarters for a campground owner/ operator.

            2.   All public areas of service buildings shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times. They shall be safely and adequately lighted. Facilities shall be easily accessible and conveniently located. All buildings shall be constructed in accordance with the N.C. State Building Code.

         (j)   Bath houses.

            1.   In addition to the required restrooms in the service building as described above, campgrounds with greater than 50 camp sites must have additional restroom and bathing facilities for men and women (i.e. “bath houses”) as described below:

 

51 - 100 campsites	1 additional bath house (total 2)
101-150 campsites	2 additional bath houses (total 3)
151-200 campsites	3 additional bath houses (total 4)
> 200 campsites	4 additional bath houses (total 5)

 

            2.   These “bath houses” shall provide separate facilities for men and women, and shall have a minimum of:

               a.   Two toilets, two showers, and two sinks for women; and

               b.   Two toilets, two showers, and two sinks for men.

         (k)   Permanent structures (i.e. decks, porches, storage buildings) are prohibited on individual camp sites with the exception of concrete pads or other permanent hard surface pads not to exceed 300 square feet on a tent site and 500 square feet on all other sites.

         (l)   The campground owner is responsible for refuse collection. Storage, collection, and disposal of refuse shall be so managed as not to create health hazards, rodent harborage, insect-breeding areas, accident, fire hazards, or air pollution. The method of garbage disposal shall be noted on the plan and shall be in accordance with Title V, Chapter 50 of the Town of Beech Mountain Code of Ordinances.

         (m)   One off-street parking space shall be provided and maintained for each camp space. Any other parking needs shall be supplied by a centralized common parking area for the campground. Required parking spaces shall be included within the minimum required space area for each camp space.

         (n)   No camp space within a campground shall directly access a public road. Access to all camp spaces and accessory structures within the campground shall be made using internal streets.

         (o)   Internal streets. One-way streets shall have minimum width of 16 feet. Two-way streets shall have a minimum width of 18 feet. Such streets shall be well maintained and clearly identified. All streets within the campground shall be privately owned and maintained. Each camper space shall abut an internal street within the campground. All internal streets that dead-end shall be provided with a permanent turnaround. All parking within the campground shall take place off the internal street within designated parking areas only. All internal streets within the campground shall be equipped with adequate and suitable drainage facilities. In accordance with § 154.116(D)(5), documentation of adequacy for emergency medical and fire services will be required from the Beech Mountain Fire Department.

         (p)   Buffering. A buffer strip at least 30 feet in width shall be maintained around the perimeter of the parcel on which the campground is situated. This strip shall be free of all encroachment by buildings, parking areas or impervious coverage. No designated camper spaces shall include any areas required for buffering. This area shall contain adequate vegetation, fencing, or landscaping to minimize the visual and noise impact of the campground upon the neighboring parcels.

         (q)   Utility requirements. Accessible, adequate, safe and potable water as well as adequate and safe sewage disposal facilities shall be provided in each campground. To achieve these ends, Chapter 51 of the Town of Beech Mountain Code of Ordinances (Water and Sewer Use) shall apply with only the following exceptions:

            1.   Where town water or sewer systems exist within 1,000 feet of the park, the town may require the developer to connect to such system(s). When connected to such systems their supply shall be used exclusively;

            2.   Each campground shall provide a minimum of one sewage dumping station and at least one sewage dumping station for each 50 recreational vehicle camper spaces, which are not equipped with individual sewer and water connections. Sewage dumping stations shall be approved by the appropriate County Health Authority;

            3.   Connection fees for water and sewer for campsites provided with individual water and sewer connections or services shall be based on the current connection fee rates established by the Town Council based on 100 square feet per site regardless of the actual size of such site. The master schedule of fees is maintained in the Clerk’s office. Standard connection fee rates shall apply to bath houses, service buildings, and any other permanent structures on the premises; and

            4.   The Beech Mountain Fire Department may require the installation of fire hydrants as necessary to ensure safety. In accordance with § 154.116(D)(5), documentation of adequacy for emergency medical and fire services will be required from the Beech Mountain Fire Department before a Special Use Permit is granted.

         (r)   Campfires. Campfires and fire pits shall be designed and located according to the following restrictions:

            1.   The location of these sites shall be selected with safety as a priority;

            2.   They shall be in open areas away from structures, campers, and debris. To this end no designated campfire site may be within eight feet of the line separating camp spaces; and

            3.   They shall be lined with permanent campfire rings, constructed of steel or other suitable material and embedded in concrete or rocks, in order to prevent the spread of fire.

      (5)   Operating regulations. The person to whom an operating permit for a campground is issued shall operate the campground in compliance with this section and shall provide adequate supervision to maintain the campground, its facilities and equipment in good repair and in a clean and sanitary condition. The campground owner shall notify campground visitors of all applicable provisions of this section and inform them of their responsibilities under this section.

         (a)   Every campground owner or operator shall maintain an accurate register containing a record of all occupants and owners of campers in the campground. The register shall be available for inspection at all times by authorized town representatives. The register shall contain the following information:

            1.   Name and address of the occupants of each space;

            2.   Camper space number; and

            3.   Date when occupancy within the campground begins and date when occupancy within the campground ceases.

         (b)   No more than one camper may be parked on any one space. Campers shall not be permitted on parcels, lots, or spaces other than those approved through these regulations.

         (c)   Building and grounds shall be maintained free of rodent\insect harborage and infestation. Extermination methods and other control measures shall be in accordance with the requirements of licensed pest control operators. The campground owner shall be responsible for pest extermination and pest control measures to prevent the development of unsanitary conditions.

         (d)    Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground. Such streets shall be maintained in a manner to be free from pot holes, breaks in the pavement, rough surfaces, ponding of water and associated problems which would impede or cause hazards to motor vehicles. Speed reduction bumps on paved internal streets are permissible, but they shall be painted and appropriate signs indicating the bump must be placed along the street.

         (e)   It shall be unlawful to park or store a manufactured home or a type of recreational vehicle that is designed for permanent residence or long term stay in a campground. “Park Model” RV’s are considered to be designed for long term stay.

           (f)   The transfer of title of a camper space or spaces either by sale or by any other manner shall be prohibited within a campground as long as the campground is in operation.

         (g)   All camping units must be placed individually on approved camper spaces where all design standards and utilities have been completed. No more than one camper may be parked on any one space. Campers shall not be permitted on parcels, lots, or spaces other than those approved through these regulations.

         (h)   No camper space shall be used as a permanent place of abode. Any action toward removal of wheels of a camper except for temporary purposes of repair is hereby prohibited. Underpinning/underskirting is prohibited.

         (i)   No campground may operate and must be vacated of all campers during the months of January and February.

         (j)   Campfires:

            1.   Are permitted only when weather and conditions allow;

            2.   Must be extinguished between midnight and sunrise;

            3.   Must be attended while burning;

            4.   Are limited to designated sites; and

            5.   The sites shall be inspected by the Town Manager or his or her designee on an annual basis and a yearly permit issued if safety standards are met.

      (6)   Enforcement. Failure to comply with the operating regulations for campgrounds shall be considered a zoning violation and shall subject the offender to civil penalties in accordance with § 154.376 of this chapter. Furthermore, continued violation of these regulations shall constitute a breach of the special use permit, and such permit may be revoked in accordance with § 154.116(F)(2).

   (Q)   Wind energy system-commercial.

      (1)   Purpose. The purpose of this section is to regulate the wind power turbines and other wind energy systems in order to preserve the character of the mountain and to protect its citizens from potential nuisances caused by these systems, while also allowing for the clean and renewable energy provided by these systems should they meet certain criteria.

      (2)   Definition. For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.

         WIND ENERGY SYSTEM HEIGHT. The height above the original natural grade of the land on which the system sits (at its highest point directly beneath the footprint of the system) to the tip of the turbine blade when it reaches its highest elevation.

      (3)   Standards for wind energy systems. The Board of Adjustments shall deny any application for a special use permit for a wind energy system that it determines will be out of harmony with the character of the community and its land use plan for the area in which the turbine is proposed, that it determines would be unsafe or presents a potential safety hazard, or that it determines will be a nuisance due to its appearance, size, noise generated, and the like. In making such a determination, the Board shall consider the following standards.

         (a)   Wind energy system height. Height shall be limited to 100 feet.

         (b)   Site location and setback. No part of a wind energy system (including overhanging blades or appurtenances) shall be closer to surrounding property lines than the height of the wind energy system unless a North Carolina registered professional engineer certifies the fall zone of the wind energy system and appurtenances will be within the setback area proposed. In addition, no wind energy system shall be located closer to an inhabited structure on adjacent property than three times the height of the wind energy system. Furthermore, a wind energy system may not be located closer to another wind energy system than five times the height of the wind energy system. No wind energy system may be located on a tract of land less than five acres in area. No part of a wind energy system (including overhanging blades or appurtenances) may be located within the required building setbacks on a lot or tract.

         (c)    Building permit requirements. A building permit shall be required. Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind energy system structure, including the tower, base, and footings. An engineering analysis of the tower certified by a licensed professional engineer which includes standards for ice/wind loading shall also be submitted. This analysis may be supplied by the manufacturer.

         (d)   Compliance with other applicable laws. Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Evidence of compliance or non-applicability shall be submitted with the application. Wind energy systems must also comply with any other applicable state or local laws, including the “Ridge Line Law” (G.S. §§ 113A-205 et seq.).

         (e)   Utility notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

         (f)   Appearance. Wind energy systems shall maintain a galvanized finish or be painted to conform to the surrounding environment to reduce visual obtrusiveness. No wind energy system should have any signage, or writing or pictures that may be construed as advertising placed on it at any time. In addition no flags, streamers or decorative items may be attached to the wind energy system.

         (g)   Removal of defective or abandoned wind energy systems. Any wind energy system that is not functional shall be repaired by the owner or removed. In the event that the town becomes aware of any wind energy system that is not operated for a continuous period of six months, the town will notify the landowner by registered mail and provide 45 days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the town deems the timetable for corrective action as unreasonable, the town shall notify the landowner and such landowner shall remove the energy system with 120 days of receipt of the notice.

      (4)   Procedure and permit application. Prior to the application for a special use permit being submitted to the Board of Adjustment, the applicant shall provide a copy of the application to the Planning Board for a review of the impacts of such proposal. The Planning Board may make findings on the impact of the proposed wind energy system that may be submitted to the Board of Adjustment and if submitted shall be considered in the Board of Adjustment’s decision.

         (a)   In addition to the items and information required in § 154.116 for a special use permit, applications for wind energy systems shall contain the following information:

            1.   The complete name, address, telephone number, and e-mail address of the applicant and any authorized representative;

            2.   The signature of the person who prepared the application, if prepared by an agent or consultant of the applicant;

            3.   The role of the permit applicant in the construction and operation of the wind power project;

            4.   The identity of any other wind power project located in the state in which the applicant, or a principal of the applicant, has an ownership or other financial interest; the operator of the wind power project if different from the applicant; and the name of the person or persons to be the permittee if a site permit is issued;

            5.   The applicant shall state in the application whether a certificate of public convenience and necessity for the system is required from the North Carolina Utilities Commission and, if so, the anticipated schedule for obtaining the certificate. The town may ask the Utilities Commission to determine whether a certificate of public convenience and necessity is required for a particular wind power project for which the town has received a site permit application. The town shall not approve a project requiring a certificate unless and until such certificate is issued by the Utilities Commission. If a certificate is not required from the Utilities Commission, the permit applicant shall include with the application a discussion of what the applicant intends to do with the power that is generated;

            6.   The permit applicant shall include the following information about the site proposed for the wind power project and any associated facilities:

               a.   A recent survey of the boundaries of the parcel on which the proposed wind turbine is to be located;

               b.   The location of other wind energy systems in the general area of the proposed wind power project; and

               c.   The applicant’s land rights within the boundaries of the proposed site;

            7.   The permit applicant shall provide the following information regarding the design of the proposed wind power project:

               a.   A project layout, prepared by a design professional, including a map showing the proposed location of the energy system(s);

               b.   A description of the turbine(s) and tower(s) and other equipment proposed to be used in the wind power project, including the name of the manufacturers of the equipment;

               c.   A description of the project electrical system, including transformers at both low voltage and medium voltage; and

               d.   A description and location of associated facilities;

            8.   An applicant for a site permit shall include with the application an analysis of the potential impacts of the wind power project, proposed mitigative measures, and any adverse environmental effects that cannot be avoided, in the following areas:

               a.   Demographics, including people, homes, and businesses;

               b.   Noise. The applicant shall provide information regarding the volume (in decibels) that the proposed system would create and the distance at which a person of average hearing could hear such system;

               c.   Visual impacts. The applicant shall provide a map or other study that illustrates the locations from which the proposed wind energy system will be visible;

               d.   Public services and infrastructure;

               e.   Cultural and archaeological impacts;

               f.   Recreational resources;

               g.   Public health and safety, including air traffic, electromagnetic fields, and security and traffic;

               h.   Hazardous materials;

               i.   Land-based economics, including agriculture, forestry, and mining.

               j.   Tourism and community benefits;

               k.   Topography;

               l.   Soils;

               m.   Geologic and groundwater resources;

               n.   Surface water and floodplain resources;

               o.   Wetlands;

               p.   Vegetation;

               q.   Avian, impact assessment that includes an indication of the type and number of birds that are known or suspected to use a project site and the area surrounding that site;

               r.   Wildlife; and

               s.   Rare and unique natural resources;

            9.   The permit applicant shall describe all of the following:

               a.   The manner in which the wind power project, including associated facilities, will be constructed;

               b.   How the wind power project will be operated and maintained after construction, including a maintenance schedule;

               c.   The anticipated schedule for completion of the wind power project, and shall identify the expected date of commercial operation; and

               d.   The energy expected to be generated by the wind power project;

            10.   The permit applicant shall include the following information regarding decommissioning of the wind power project and restoring the site:

               a.   The anticipated life of the wind power project;

               b.   The estimated decommissioning costs in current dollars;

               c.   The method and schedule for updating the costs of decommissioning and restoration;

               d.   The method of ensuring that funds will be available for decommissioning and restoration; and

               e.   The anticipated manner in which the wind power project will be decommissioned and the site restored; and

            11.   The permit applicant shall include in the application a list of all known federal, state, and local agencies or authorities, and titles of the permits they issue that are required for the proposed wind power project.

   (R)   Wind energy system - accessory.

      (1)   Standards for wind energy system - accessory. The Board of Adjustments shall deny any application for a special use permit for a wind energy system that it determines will be out of harmony with the character of the community and its land use plan for the area in which the turbine is proposed, that it determines would be unsafe or presents a potential safety hazard, or that it determines will be a nuisance due to its appearance, size, noise generated, and the like. In making such a determination, the Board shall consider the following standards.

         (a)   Use. Accessory systems are to be located on the same tract of land as a permitted residential dwelling or commercial building, and are to be designed such that their primary function is to produce energy for consumption by the residential dwelling or commercial building with which they share the lot or tract of land.

         (b)   Frequency. A maximum of one wind energy system-accessory unit is permitted per lot.

         (c)   Site location and setback. Accessory units are not permitted in street yards (the portion of the yard that abuts a street or road and is nearer to the street or road than the primary structure on the lot). Wind energy systems may not be located in or overhang above the required building setbacks for a lot or tract.

         (d)   Height. Accessory units may not extend to a height of greater than 15 feet above the highest point of the structure to which they are accessory or 50 feet in total height, whichever is lesser. Total height shall be measured vertically from the highest point of the wind energy system to the ground. Mounding of dirt or rocks to achieve an artificially high ground level shall not be considered in this calculation.

         (e)   Noise. Units cannot produce more than 40 decibels when in operation, measured at the lot line.

         (f)   Operation. Units are required to have a cut-in speed of at least seven miles per hour. “Cut-in speed” is the wind velocity at which a wind energy system begins operation.

         (g)   Compliance with other applicable laws. Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Evidence of compliance or non-applicability shall be submitted with the application. Wind energy systems must also comply with any other applicable state or local laws, including the “Ridge Line Law” (G.S. §§ 113A-205 et seq.).

         (h)   Appearance. Wind energy systems shall maintain a galvanized finish or be painted to conform to the surrounding environment to reduce visual obtrusiveness. No wind energy system should have any signage, or writing or pictures that may be construed as advertising placed on it at any time. In addition no flags, streamers or decorative items may be attached to the wind energy system.

         (i)   Building permit requirements. A building permit shall be required. Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind energy system structure, including the tower, base, and footings. An engineering analysis of the tower certified by a licensed professional engineer which includes standards for ice/wind loading shall also be submitted. This analysis may be supplied by the manufacturer. A North Carolina registered professional engineer must certify that the fall zone of the wind energy system and appurtenances will be within the boundaries of the property on which it is located.

         (j)   Utility notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

         (k)   Removal of defective or abandoned wind energy systems. Any wind energy system that is not functional shall be repaired by the owner or removed. In the event that the town becomes aware of any wind energy system that is not operated for a continuous period of six months, the town will notify the landowner by registered mail and provide 45 days for a written response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the town deems the timetable for corrective action as unreasonable, the town shall notify the landowner and such landowner shall remove the energy system with 120 days of receipt of the notice.

   (S)   Manufacturing/processing, light.

      (1)   Purpose. The Council finds that the residential/resort character of the area within Beech Mountain’s planning jurisdiction is incompatible with the development of such area for manufacturing/processing uses except to the extent that such uses create none of the negative impacts often associated with such manufacturing/processing uses. Therefore, no manufacturing/processing use within any zoning district may:

         (a)   Emit from a vent, stock, chimney, or combustion process any smoke that is visible to the naked eye that is a result of the process of manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment.

         (b)   Generate noise in the course of manufacturing of greater than 40 decibels as measured at the lot line between the hours of 9 a.m. and 5 p.m. Between the hours of 5 p.m. and 9 a.m. the Town of Beech Mountain’s general noise regulations as coded in § 94.25 of the Beech Mountain Code of Ordinances shall apply.

         (c)   Generate any ground transmitted vibration that is perceptible to the human sense of touch measured at the lot line.

         (d)   Generate any odor that reaches the “odor threshold” measured at the lot line. For purposes of this subdivision, the ODOR THRESHOLD is defined as the minimum concentration in air of a agas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of healthy observers.

         (e)   Require for its operations a daily average of more than 200 gallons of water per employee.

         (f)   Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or otherwise causes, creates, or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

         (g)   Store materials necessary for the manufacturing or processing activity in a location where such materials are visible from beyond the boundaries of the property on which the manufacturing/processing facility is located.

         (h)   Semi-trucks or tractor trailers may be used to deliver or pick up materials but may not remain on the premises continuously for more than 48 hours. Such trucks or trailers may not be used as a means to store materials necessary for the manufacturing or processing activity or finished products of the manufacturing activity.

         (i)   Manufacturing/processing, light facilities already in existence at the time of the adoption of this subsection shall be required to apply for special use permits and comply with the requirements herein.

   (T)   Alternative building methods in the Commercial Thoroughfare Overlay District.

      (1)   Roof designs, building materials, building sizes (scale), color schemes, window types and numbers, and landscaping arrangements, other than those specifically listed as allowed in § 154.122, may be allowed if the totality of the design indicates harmony and compatibility with the Commercial Thoroughfare Overlay District, and its purpose of fostering a functional, visually appealing and vibrant commercial district in Beech Mountain.

      (2)   The Board may impose additional conditions necessary to ensure the proposed use will be compliant with the spirit and intent of the Commercial Thoroughfare Overlay District.

   (U)   Sexually oriented businesses.

      (1)   (a)   The purpose of the following special use standards shall be to set forth the regulatory and requirements for adult establishments located within the town. Adult establishments, because of their very nature are recognized as having serious objectionable operational characteristics. Studies and experiences that are relevant to North Carolina have shown that lower property values and increased crime rates tend to accompany and are brought about by adult establishments. The Town Council finds that regulation of these uses is necessary to ensure that these adverse secondary effects do not contribute to the blighting of surrounding neighborhoods and to regulate acts, omissions or conditions detrimental to the health, safety or welfare and the peace and dignity of the town. Regulations to achieve these purposes can be accomplished by the procedures set forth hereinafter.

         (b)   The provisions of the following standards have neither the purpose nor effect for imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of these standards to restrict or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. These standards represent a balancing of the legitimate ends of the community by imposing an incidental, content neutral place, time and manner regulation of sexually oriented businesses, without limiting alternative avenues of communication and at the same time, requiring the business to carry its share of financing administrative and enforcement activities.

      (2)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         ADULT BOOKSTORE. A store:

            1.   Which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section or other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium).

            2.   Having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of its publications, including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section.

         ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment that on a regular, sporadic, or transient basis features:

            1.   Persons who appear in a state of nudity or semi-nudity;

            2.   Live performances that are characterized by the exposure of "specified anatomical areas" or to "specified sexual activities";

            3.   Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

            4.   Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

         ADULT CONVENTION CENTER. A hotel, motel, inn, restaurant, or other facility or establishment that on a regular, sporadic, or transient basis hosts events that feature:

            1.   Persons who appear in a state of nudity or semi-nudity;

            2.   Live performances that are characterized by the exposure of "specified anatomical areas" or to "specified sexual activities";

            3.   Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers;

            4.   Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

            5.   Conferences for the purpose of discussing, teaching, disseminating or selling materials related to "specified sexual activities" or "specified anatomical areas".

         ADULT ESTABLISHMENT. An adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult mini motion picture theater, escort agency, exotic car wash, exotic maid service, nude modeling studios, sexual encounter center or any other sexually oriented business that is similar in nature and intent to any other adult entertainment business as defined in this section.

         ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual presence of real people which exhibits "specified sexual activities" or "specified anatomical areas" as defined in this section.

         ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business wherein "adult live entertainment" is shown for observation by patrons. This shall apply whether the entertainment is presented on a regular, sporadic, or transient basis.

         ADULT MOTEL. A hotel, motel or similar commercial establishment that:

            1.   Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;

            2.   Offers a sleeping room for rent for a period of time that is less than 24 hours; or

            3.   Allows a tenant or occupant of a sleeping room to sub rent a room for a period of time that is less than 24 hours.

         ADULT MINI MOTION PICTURE THEATER. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section, for observation by patrons therein.

         ADULT MOTION PICTURE THEATER. An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, for observation by patrons therein. ADULT MOTION PICTURE THEATER does not include any "adult mini motion picture theater" as defined in this section.

         EMPLOYEE. A person who performs any service on the premises of a "sexually oriented business" on a full-time, part-time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the person is paid a salary, wage, or other compensation by the operator of the business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does EMPLOYEE include a person exclusively on the premises as a patron or customer.

         ENTERTAINER. Any person who provides entertainment within or at an adult establishment, whether or not a fee is charged or entertainment and whether or not entertainment is provided by that person as an employee or an independent contractor.

         EROTIC. Refers to any seductive, titillating, immodest, indecent, suggestive, passionate, or similar reference, act, service or deed.

         ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person and whose advertisements, promotions, or obvious intent to the public is sexual in nature.

         ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises as one of its primary business purposes for a fee, tip, or other consideration and whose advertisements, promotions, or obvious intent to the public is sexual in nature.

         ESTABLISHMENT.

            1.   The opening or commencement of any sexually oriented business as a new business;

            2.   The conversion of an existing business, whether or not a sexually oriented business to any sexually oriented business;

            3.   The additions of any sexually oriented business to any other existing sexually oriented business; or

            4.   The relocation of any sexually oriented business.

         EXOTIC CAR WASH. A facility that offers a car cleaning or washing service performed by employees that are in a state of nudity or semi-nudity.

         NUDE MODEL STUDIO. Any place where a person appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons for consideration.

         NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than fully opaque covering; or human genitals in a discernibly turgid state even if completely and opaquely covered.

         PERMITEE. A person in whose name a permit has been issued, as well as the individual listed as an applicant on the application for a permit.

         PERMITTED DAY CARE CENTER. A facility permitted by the state, whether situated within the town or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage, adoption to the owner or operator of the facility for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.

         PREMISES. The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the permitee, as described in the application for a special use permit as described in this section.

         SEMI-NUDE. The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

         SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

            1.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

            2.   Physical contact in the form of wrestling or tumbling and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

         SEXUALLY ANATOMICAL AREAS. Less than completely and opaquely covered:

            1.   Human genitals, pubic regions;

            2.   Buttocks;

            3.   Female breast below a point immediately above the top of the areola; or

            4.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

         SEXUALLY ORIENTATED BUSINESS. Any business or enterprises that have as one of their principal business purposes or as a significant portion of their business an emphasis on matter and conduct depicting, describing, or related to anatomical areas and sexual activities as specified in G .S. § 14-202.10. This term may be used interchangeably with adult establishment.

         SPECIFIED SEXUAL ACTIVITIES.

            1.   Human genitals in a state of sexual stimulation or arousal;

            2.   Acts of human masturbation, sexual intercourse, or sodomy; or

            3.   Fondling of other erotic touching of human genitals, pubic regions, buttocks or female breasts.

         TRANSFER OF OWNERSHIP or CONTROL OF A SEXUALLY ORIENTATED BUSINESS.

            1.   The sale, lease, or sublease of the business;

            2.   The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or

            3.   The establishment of a trust, gift, or other similar legal device that transfers the ownership of control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

         ZONING ADMINISTRATOR. The code enforcement officer of the town. The ZONING ADMINISTRATOR is responsible for the enforcement of this section.

      (3)   General.

         (a)   It shall be unlawful for any person to operate or maintain an adult establishment in the town unless the owner or operator thereof has obtained a special use permit from the town. It shall also be unlawful for any person to operate such business after such special use permit has been revoked or suspended by the town or has expired.

         (b)   It shall be unlawful for any entertainer to knowingly perform any work, service or entertainment directly related to the operation of an unpermitted adult establishment within the town.

         (c)   It shall be prima facie evidence that any adult establishment that fails to have posted, in the manner required by this section, a special use permit has not obtained such a permit. In addition, it shall be prima facie evidence that any entertainer who performs any service or entertainment in an adult establishment in which a special use permit is not posted, in the manner required by this section, had knowledge that such business was not permitted.

      (4)   Permit classification and fees.

         (a)   The term of all permits required under this section shall be for a period of 12 months, commencing on the date of issuance of the permit. The application for a permit shall be accompanied by payment in full of the fees referred to in this section and established by the Town Council. Payment shall be made by certified cashier's check or money order. No application shall be considered complete until all such fees are paid.

         (b)   The permit fees shall be as set by the Town Council from time to time and be recorded in the Town Council meeting minutes at which they are set and shall appear in the town fee schedule.

      (5)   Application procedures. In addition to the special use permit application procedures as specified in § 154.116, an application shall be submitted to the Zoning Administrator in the name of the person proposing to conduct, operate or maintain the adult establishment and shall include the following information:

         (a)   The applicant's full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the residence address for the past two years, the business and home telephone numbers, occupation, date and place of birth, social security number, drivers' permit number, and a recent photograph of the applicant.

         (b)   1.   The name of the adult establishment, a description of the adult entertainment to be performed on the permitted premises, the name of the owner of the premises where the adult establishment will be located, the business address and county parcel identification number on which the business resides.

            2.   If the person identified as the fee owner(s) of the tract of land in division (a) is/are not also the owner(s) of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right to owners or proposed owners of the adult establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of an adult establishment;

            3.   A current certificate and straight-line drawing prepared within 30 days prior to the application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, library, or public park recreation area within 1,000 feet of the property to be certified. For purpose of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;

            4.   Any of the criteria above shall not be required for a renewal application if the applicant states that the documents previously furnished the Zoning Administrator with the original application or previous renewals thereof remain correct and current.

         (c)   The names, residence addresses for the past two years, social security numbers and dates of births of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers, directors, and individuals having a 10% or greater interest in the corporation.

         (d)   1.   A statement from the applicant, or from each partner, or from each corporate officer, director, or 10% shareholder that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:

               a.   A felony criminal act within five years immediately preceding the application; or

               b.   A misdemeanor criminal act within two years immediately preceding the application.

            2.   Where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the laws of North Carolina or any other comparable violation of the laws of this state or the laws of any other state.

         (e)   If the applicant is a corporation, a current certificate of existence issued by the North Carolina Secretary of State.

         (f)   A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this section regulating adult establishments.

         (g)   All applicants shall submit to fingerprinting by a police officer. The fingerprint cards shall be submitted to the S.B.I. for processing. Returned fingerprint cards and criminal histories shall be kept on file in the Police Department.

         (h)   A statement signed under oath that the applicant(s) consents to investigation of his or her background by the town to include fingerprinting and that the applicant(s) agrees to furnish within ten days at his or her expense, a criminal history from the clerk of court of any county in which the applicant has resided during the five preceding years.

         (i)   Failure to provide the information and documentation required by this division (U)(5) shall constitute an incomplete application and it shall not be processed until complete.

      (6)   Application processing. Upon receipt of a complete application and required fee for an adult establishment permit, the Zoning Administrator shall immediately commence investigation of the application as follows:

         (a)   Transmit a copy of the application to the Town Manager, the Board of Adjustment and to the Police Chief.

         (b)   The Police Chief shall report to the Zoning Administrator and the Town Manager no later than 15 working days after the receipt of the application by the Police Chief the results of his/her investigation of the applicant. In the event that the Police Chief fails to report to the Zoning Administrator within this time period, the Zoning Administrator shall proceed with processing the application.

         (c)   The Board Adjustment shall conduct a hearing on the application.

         (d)   In no event shall the time period for a final disposition by the Board of Adjustments exceed 45 working days from the date of the hearing, unless consented to by the applicant.

      (7)   Special use standards for sexually oriented businesses. Before issuing a special use permit, the Board of Adjustment shall find that all standards for sexually oriented businesses listed in this section as well as all standards listed in § 154.116 have been met. Furthermore, the failure by an establishment to continue to adhere to the following standards subsequent to the issuance of a special use permit is grounds for revocation of such permit in accordance with division (U)(10) below in addition to the civil penalties and other remedies provided for in § 11.01 of this code.

         (a)   Location restrictions. Sexually oriented businesses may be permitted as a special use in the CS1 District provided that:

            1.   The sexually oriented business may not be located or operated within 1,000 feet of:

               a.   A church, synagogue, or regular place of worship;

               b.   A public or private elementary school;

               c.   A library open to the public;

               d.   A permitted day care center;

               e.   A public park or playground;

               f.   An entertainment business that is oriented primarily towards children;

               g.   Another sexually oriented business.

            2.   The sexually oriented business may not be located or operated within 150 feet of the boundary of any R-2 district;

            3.   The sexually oriented business may not be located or operated within 250 feet of any town maintained hiking trail.

            4.   For the purpose of the section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of any use listed in division (U)(7)(a)1. above.

         (b)   Exterior portions of sexually oriented businesses.

            1.   Merchandise or activities of a sexually oriented business shall not be visible from a point outside the establishment.

            2.   No sexually oriented business shall have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner visible from a point outside the establishment except to the extent permitted by the provisions of this section or the Town of Beech Mountain's Sign Regulations.

         (c)   Hours of operation. Hours of operation of all sexually oriented businesses within the town shall be restricted to 9:00 a.m. through 5:00 p.m. Monday through Friday.

         (d)   Restrictions on underage employees and patrons.

            1.   No sexually oriented business shall employ persons under the age of 21 years.

            2.   No person under the age of 21 years shall be permitted on the premises of any adult establishment.

            3.   No person under the age of 21 years shall be granted a permit for an adult establishment business.

            4.   No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall knowingly allow or permit any person under the age of 21 years of age to be in or upon the premises or knowingly allow or permit a violation of this section.

         (e)   No owner, operator, manager, employee or entertainer, nor any customer or patron, shall appear "bottomless" or in a state of nudity while on the premises of the adult establishment.

         (f)   No owner, operator, manager, employee or entertainer, nor any customer or patron, shall perform any specified sexual activities as defined in this section, wear or use any device or covering exposed to view which stimulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities, as defined in this section, or participate in any act of prostitution while on the premises of the adult establishment.

         (g)   No owner, operator, manager, employee, entertainer, customer or patron of an adult establishment shall knowingly touch, fondle or caress any specified anatomical area of another person, or knowingly permit another person to touch, fondle or caress any specified anatomical area of his or hers, whether such specified anatomical areas are clothed, unclothed, covered or exposed, while on the premises of the adult establishment.

         (h)   There shall be a minimum separation of 72 inches between any entertainer or performer and any patron or customer.

         (i)   No owner, operator, manager or employee shall mix, dispense, or serve any alcoholic beverage.

         (j)   No owner, operator, manager or employee shall solicit, receive, or accept nor shall any customer, or patron give, offer, or provide any gratuity, tip, payment or any form of compensation for entertainment for or while either or both is/are in a state of nudity or semi-nudity. This also pertains to the purchase of an unrelated item that includes a "free" dance, act or service.

         (k)   A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, other video reproduction, or live performance that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

            1.   Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the business permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designed street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

            2.   The application shall be sworn to be true and correct by the applicant.

            3.   No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Administrator or his designee.

            4.   It is the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

            5.   The interior of the premises shall be configured in a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this division must be by direct line of sight from the manager's station.

            6.   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view area specified in division (U)(7)(k)5. remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (U)(7)(k)1. of this section.

            7.   No viewing room may be occupied by more than one person at any time.

            8.   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candle as measured at the floor level.

            9.   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

            10.   No permitee shall allow an opening of any kind to exist between viewing rooms or booths.

            11.   No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

            12.   The operator of the sexually oriented business shall during each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.

            13.   The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

            14.   The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of or permanently covered by, nonporous, easily cleanable material. No wood, composition board or other porous material shall be used within 48 inches of the floor.

      (8)   Permit posting and display. Every person, corporation or partnership permitted under this section as an adult establishment shall post such permit in a conspicuous place and manner of the adult establishment premises.

      (9)   Inspections. All adult establishments shall permit representatives of the police, fire, zoning, or other town or state departments or agencies acting in their official capacity to inspect the premises as necessary to ensure that the business is complying with all applicable regulations and laws.

      (10)   Suspension or revocation of permit.

         (a)   The Town Manager shall conduct a hearing to determine whether or not a permit should be suspended or revoked, with the hearing conducted within ten working days of his or her knowledge that:

            1.   The owner or operator of an adult establishment has violated, or knowingly allowed or permitted the violation of any of the provisions of this section;

            2.   There have been recurrent violations of provisions of this section that have occurred under such circumstances that the owner or operator of an adult establishment knew or should have known that such violations were committed;

            3.   The permit was obtained through false statements in the application for such permit, or renewal thereof;

            4.   The permit has been materially altered or defaced or is being or was used by a person other than the permit holder or at a location other than that identified on the permit or for a use of type other than that which the permit was issued;

            5.   The permit failed to make a complete disclosure of all information in the application for such permit or renewal thereof; or

            6.   The owner or operator, or any partner, or any corporate officer or director holding an adult establishment permit has become disqualified from having a permit by a conviction as provided in this section; or

            7.   The holder of an entertainer permit has become disqualified from having a permit by a conviction as provided in this section.

         (b)   At the hearing, the permitee shall have an opportunity to be heard, to present evidence and to be represented by an attorney. Based on the evidence produced at the hearing, the Town Manager shall order the Zoning Administrator, within five working days after the hearing, to take any of the following actions:

            1.   Suspend the permit for up to 90 days;

            2.   Revoke the permit;

            3.   Place the permit holder on administrative probation for a period of up to one year, on the condition that no further violations of this section occur during the period of probation; or

            4.   Take no action.

         (c)   The Town Manager shall provide written notice of his or her decision to the applicant by certified mail, return receipt requested.

         (d)   In the event of suspension or revocation of the permit or the placement on administrative probation, the permitee shall have the right to appeal that determination to the Board of Adjustment within 30 days of receipt of the notice of suspension, revocation or probation.

      (11)   Permit renewal.

         (a)   A permit may be renewed by making application to the Zoning Administrator on application forms provided for that purpose. Any permit issued under this section shall expire as of the end of the 12-month period from the date of issuance, and renewal applications for such permits shall be submitted no sooner that 45 days prior to expiration and no later that the city business day immediately preceding the date of expiration of the permit.

         (b)   Upon timely and proper application for renewal and the payment in full of the permit fee, the Zoning Administrator shall issue to the applicant a receipt showing the date of the renewal of the application and granting temporary extension of the permit for a period of 45 days or until the application for renewal is approved or disapproved. Any permit issued under this section may be renewed by issuance of a new permit for an additional 12-month period. All applications for renewal of a permit shall be processed in the manner provided for the issuance of the initial permit, including the documentation.

(1989 Code, Title V, Ch. 51, Art. X, § 1002) (Ord. 1-9-1980; Ord. passed 10-8-1985; Ord. passed 4-28-1987; Ord. passed 4-1-1989; Ord. passed 1-9-1990; Ord. passed 11-9-1993; Ord. passed 10-11-1998; Ord. passed 11-8-2005; Ord. passed 3-8-2011; Ord. passed 8-9-2011; Ord. passed 11-15-2011; Ord. passed 11-15-2011; Ord. 2014-05, passed 12-9-2014; Ord. 2016-08, passed 5-10-2016; Ord. 2017-04, passed 2-14-2017; Ord. 2021-03, passed 6-8-2021)

Editor's note:

   1 Amended January 9, 1980.

   2 Added by amendment April 28, 1987.

   3 Amended November 9, 1993.

   4 Amended October 8, 1985.

   5 Amended April 28, 1987.

   6 Amended April 11, 1989

   7 Added by amendment October 11, 1988.

   8 Divisions (K) through (N) added by amendment April 28, 1987.

   9 Division (O) added by amendment November 8, 2005.