(A) Outdoor Storage as a Principal Use
(1) All outdoor storage areas shall be screened from views from adjacent parcels and streets by a solid, decorative fence or masonry wall at least eight (8) feet in height. The height of merchandise, materials, and equipment stored shall not exceed the height of the screening fence or wall.
(2) No customer or vehicular circulation may occur through the area used for outdoor storage.
(3) In the GC district, outdoor storage is limited to twenty-five (25) percent of the lot area (this limitation shall not apply in the I district).
(4) In the HMXD and MXD subdistricts of the TC district, such uses may be permitted based upon the following conditions:
(a) Such uses must be lawfully established prior to July 1, 2003;
(b) Expansion of the building(s) or increased use of the site beyond that legally established on July 1, 2003 is permitted by right, provided that such expansions comply with the TC district standards;
(c) Maintenance and minor repair of structures and/or the site is permitted by right;
(d) If the use ceases or is interrupted for more than one hundred and eighty (180) consecutive days, then the use shall not be re-established;
(5) In the HMXD and MXD subdistricts of the TC district, such uses may be permitted with a special use permit (see section 3.8) if there is an addition of land to a parcel or site containing such uses through an action of the owner or their agent after July 1, 2003.
(B) Recycling and Salvage Operation
In addition to any landscaped buffer required under Section 7.2.3 of this Ordinance, all outdoor storage areas shall be surrounded by a solid fence that is at least eight (8) feet high, located no less than one hundred (100) feet from any public right-of-way, and located no less than fifty (50) feet from any adjacent property.
(C) Resource Extraction
(1) State Mining Permit
(a) Prior to applying for a special use permit, the applicant shall secure a mining permit issued by the North Carolina Department of Environment and Natural Resources, Division of Land Resources, in accordance with the requirements set forth in the North Carolina Mining Act of 1971 and G.S. 74-65, as amended;
(b) Two (2) copies of all documents required by the State of North Carolina for a mining permit shall be submitted with the special use application;
(c) If the owner, developer, or operator is granted a modification of the terms or conditions of his or her State permit or reclamation plan, the applicant shall be required to reapply to the Town, within sixty (60) days of approval by the State, to have his or her special use permit reapproved by the Zoning Board of Adjustment. Failure to reapply within the specified time will result in the automatic revocation of the special use permit; and
(d) The suspension or revocation of a State permit for the use shall result in automatic revocation of the special use permit.
(2) Additional Special Use Permit Requirements
(a) The Zoning Board of Adjustment may require the submission of detailed plans, in addition to those required by the soil erosion and sedimentation control provisions in Section 14.4
of this Ordinance, that specify the type of wind, soil, and water erosion sedimentation control measures that are to be employed during construction and general operation of the proposed use;
(b) The applicant shall submit additional supporting scientific data and evidence, such as maps, charts or consultant's reports, satisfactory to the Zoning Board of Adjustment, to support a conclusion that the standards and conditions set forth in this Ordinance are met so as to ensure that the value of the surrounding real property is not depreciated;
(c) Recognizing that land values in the Cary area exceed those in many areas covered by the State Mining Act of 1971, the Zoning Board of Adjustment may require the applicant to submit a bond, in addition to that required by the State, for the purpose of reclamation; and
(d) The transfer of a special use permit to a new holder shall require the new holder to apply to the Town within sixty (60) days for transfer of the special use permit. Failure to apply within the specified time will result in the automatic revocation of the special use permit.
(3) Development Standards
(a) All mining activities, buildings, equipment, storage, parking, grading, related structures, and material shall be located no closer than three hundred (300) feet to any property line adjacent to said use. An Opaque Type A buffer, meeting the requirements of this Ordinance (see Section 7.2.3) shall be planted within the three hundred (300) foot setback;
(b) All mining activities shall comply with the nuisance and hazard control standards set forth in Section 14.2; and
(c) All mining activities shall conform to the vibration policy adopted by the North Carolina Department of Health, Environment and Natural Resources, Division of Land Resources.
(D) Telecommunications Facilities
(1) Applicability; Definitions.
This Section 5.2.4(D) applies to telecommunications facilities that are not “qualifying small wireless facilities,” “qualifying utility poles,” or “qualifying city utility poles” and that are not exempted in Section 5.2.4(D)(4) or (H)(4). Qualifying small wireless facilities, qualifying utility poles, and qualifying city utility poles are addressed in Section 5.2.4(H).
(2) Purpose
The purpose of this section is to:
(a) Minimize the impacts of telecommunications facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;
(b) Encourage the location and co-location of telecommunications facilities equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts, and to reduce the need for additional antenna-supporting structures;
(c) Encourage coordination between suppliers of telecommunications services in the Town of Cary and its planning and development regulation jurisdiction;
(d) Accommodate the growing demand for telecommunications services and the resulting need for telecommunications facilities;
(e) Regulate in accordance with all applicable federal and state laws;
(f) Establish review procedures to ensure that applications for telecommunications facilities are reviewed and acted upon within a reasonable period of time or any specific period of time required by law;
(g) Protect the unique aesthetics of the Town while meeting the needs of its citizens and businesses to enjoy the benefits of wireless communications services; and
(h) Encourage the use of existing buildings and structures as locations for telecommunications facilities infrastructure as a method to minimize the aesthetic impact of related infrastructure.
It is not the purpose or intent of this section to prohibit, have the effect of prohibiting, or materially limit or inhibit wireless communication services; unreasonably discriminate among providers of functionally equivalent wireless communication services; regulate the placement, construction or modification of wireless communications facilities on the basis of the environmental effects of radio frequency emissions where it is demonstrated that the wireless communications facility does or will comply with applicable FCC regulations; or prohibit or effectively prohibit collocations or modification that the town must approve under state or federal law. The provisions of this Section 5.2.4(D) are in addition to, and do not replace, any obligations an applicant may have under any franchises, licenses, encroachments, or other permits issued by the Town.
(3) Siting
(b) The following list indicates the Town's preferences for facility locations, in descending order of preference:
• Collocations on Existing Wireless Support Structures
• Concealed (Stealth) Telecommunications Facility on Existing Building/Structure
• New Concealed (Stealth) Wireless Support Structure
• Non-Stealth Telecommunications Facility on Existing Building/Structure
• New Freestanding Non-Stealth Wireless Support Structure (monopoles)
• New Freestanding Non-Stealth Wireless Support Structure (lattice-type)
These preferences are intended as guidance for development of an application for telecommunications facilities.
(4) Compliance with Law; Exemptions.
(a) Nothing in this ordinance shall be interpreted to excuse compliance with, or to be in lieu of any other requirement of state or local law, except as specifically provided herein. Without limitation, the provisions of this ordinance do not permit placement of telecommunications facilities on privately-owned utility poles or wireless support structures, or on private property, without the consent of the property owner or any person who has an interest in the property.
(b) Unless expressly set forth herein, the following categories of telecommunications facilities are exempt from the requirements in Section 5.2.4(D), provided they meet the location and design requirements set forth below:
1. Any telecommunications facility below sixty-five (65) feet when measured from ground level which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission and used exclusively for amateur radio operations.
2. Over the air reception devices covered under 47 C.F.R. § 1.4000, so long as it satisfies the requirements set forth in Section 5.3.4(F)(2).
3. Removal or replacement of an antenna or equipment on an existing wireless support structure or base station that does not change the physical dimensions of the wireless support structure or base station, or defeat any of the concealment elements of the wireless support structure or base station.
4. Routine maintenance of existing telecommunications facilities, including activities associated with regular and general upkeep of transmission equipment, and the replacement of existing telecommunications facilities with facilities of the same size (so long as any of the concealment elements of the facilities are not defeated).
5. A temporary telecommunications facility, (1) upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the Town of Cary designees; except that such facility must comply with all federal and state requirements and must be removed at the conclusion of the emergency; or (2) if necessary to continue providing service while a wireless support structure or other structure upon which the existing telecommunications facility has been placed, such as a building or water tank, is undergoing maintenance, replacement, or reconstruction during which it will be impossible or unsafe to operate the existing telecommunications facility; except that (i) the temporary facility if located on site must be no taller than the existing wireless support structure or other structure; (ii) the temporary facility if located off site must be no taller than one hundred fifty (150) feet and there shall be no more than one (1) temporary facility per wireless service provider; (iii) the temporary facility must meet the setback requirements of section 5.2.4(D)(7)(c) (setbacks for concealed (stealth) telecommunications facilities; these setbacks are applicable for all temporary support structures, whether concealed (stealth) or non-stealth); (iv) the temporary facility must comply with all federal and state requirements; and (v) the temporary facility must be removed within sixty (60) days of the conclusion of the maintenance, replacement, or reconstruction, or within one (1) year, whichever is shorter, unless the time is extended by the Planning Director for good cause shown.
6. Public safety facilities or installations required for public safety on public or private property, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.
(5) Eligible Facilities Requests and Collocations
Collocation and eligible facilities requests, as defined in G.S. 160D-931 or 47 U.S.C.1455, shall be processed in accordance with G.S. 160D-933, 160D-934, and/or federal laws and regulations as appropriate. In approving any eligible facilities request, the Town solely intends to comply with a requirement of federal law or state law and not to grant any property rights or interests except as compelled by federal or state law. Without limitation, approval does not exempt applicant from, or prevent Town from, opposing a proposed modification that is subject to complaint under the National Historic Preservation Act or the National Environmental Policy Act. Collocations are only permitted as provided in LDO Section 5.2.4(D)(6) or (7).
(6) Non-Stealth Telecommunications Facility on Existing Building or Structure
Non-Stealth Telecommunications facilities on existing buildings or structures shall be allowed as a permitted use on land used for any purpose in nonresidential zoning districts, and on land used for non-residential purposes in the R-40 district, R-80 district, Planned Development District and Mixed Use Overlay District. Non-stealth telecommunications facilities on existing buildings or structures are prohibited in the public right-of-way.
(a) Height
(i) Non-stealth telecommunications facilities on existing buildings or structures located outside of the right-of-way and not on an existing utility pole shall have a maximum height as described in Table 5.2-3. The antenna portion of a non-stealth telecommunications facility on an existing building or structure shall not exceed ten (10) feet in height.
Structure Height | Maximum Height (including antennae; measured from the height of the structure) |
Over one-hundred fifty (150) feet | Fifteen (15) percent of structure height |
Seventy-five (75) to one hundred forty-nine (149) feet | Twenty-five (25) percent of structure height |
Less than seventy-five (75) feet | Forty (40) percent of structure height |
(ii) Non-stealth telecommunications facilities are not permitted to locate on an existing utility pole.
(b) The ground-mounted components of non-stealth telecommunications facilities on existing buildings or structures shall be located flush to grade where necessary to avoid inconveniencing the public, or creating a hazard; and to the extent permitted above ground, shall otherwise be appropriately camouflaged to blend in with the surroundings, and non-reflective paints shall be used.
(c) All structure-mounted telecommunications facilities shall be designed to meet current building standards and wind load requirements.
(7) Concealed (Stealth) Telecommunications Facilities
(a) Design Considerations and Visibility
Concealed (stealth) wireless support structures shall be designed to complement the physical landscape in which they are intended to be located. Examples of stealth wireless support structures that may be compatible include but are not limited to faux pine trees, unipoles/slick sticks, bell towers, etc. New stealth wireless support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape, horizon, and adjacent properties. New freestanding stealth wireless support structures shall be designed to be compatible with adjacent structures and landscapes with specific design considerations such as architectural designs, scale, color, and texture.
(b) Review and Decision Authority
The decision authority and review type for applications for new concealed (stealth) wireless support structures shall be in accordance with the following:
Location of Proposed Stealth Wireless Support Structure | |||
Max. Height | Residentially-Zoned Land Used for Residential Purposes or Vacant | Non-Residential Zoning District | Residentially-Zoned Land Used for Non-residential Purposes |
up to 150 feet | A | A | A |
greater than 150 feet, up to 175 feet | B | A | A |
greater than 175 feet, up to max. height allowed | B | A | A |
A — Planning Director * — Permitted Use with Development Plan Review;
B — Zoning Board of Adjustment — Special Use and Development Plan Review
* Review and decision by the Planning Director is only permitted when no reduction in the minimum required setback(s) is requested. If a reduction of the minimum setback(s) is requested for wireless support structures that could otherwise be reviewed and decided upon by the Planning Director, review and decision by the Zoning Board of Adjustment shall be required pursuant to LDO Section 5.2.4(D)(8)(b).
(c) Setbacks
Stealth wireless support structures must comply with the minimum building setback for the zoning district in which they are located and shall also be set back as follows:
1. From all existing dwellings in a non-residential zoning district by a minimum of the height of the proposed wireless support structure;
2. From the property line of non-residentially zoned property by a distance equal to one-half (1/2) the height of the proposed wireless support structure, but in no case less than the minimum required buffer width (see Chapter 7 of this Ordinance).
3. From the property line of all residentially-zoned property that is used for residential purposes or is vacant by a minimum of the height of the proposed wireless support structure;
4. From the property line of all residentially-zoned property used for non-residential purposes by a distance equal to one-half (1/2) the height of the proposed wireless support structure, but in no case less than the minimum required buffer width (see Chapter 7 of this Ordinance); and
5. From adjacent road right-of-way boundaries by the height of the proposed wireless support structure.
(d) Height
The maximum permitted height for stealth wireless support structures is one-hundred ninety-nine (199) feet.
(e) Stealth Antennae
Stealth antennae shall be allowed as a permitted use in all non-residential zoning districts, and on residentially-zoned land used for non-residential purposes. A special use permit granted by the Zoning Board of Adjustment is required to erect or install any stealth antenna(e) in the RMF zoning district. Unless otherwise allowed above, stealth antennae shall be prohibited in all other residential zoning districts. If located in the right-of-way of any public road or street, stealth antennae shall be located on an existing utility pole which does not exceed a height of thirty-five (35) feet above the immediate surrounding ground. Stealth antennae located on an existing utility pole, whether inside or outside of the right-of-way, shall not be higher than ten (10) feet above the highest point of the pole. The ground-mounted components of stealth antennae, whether inside or outside of the right-of-way, shall be located flush to grade where necessary to avoid inconveniencing the public, or creating a hazard; and to the extent permitted aboveground, shall otherwise be appropriately camouflaged to blend in with the surroundings, and non-reflective paints shall be used.
(8) Other Freestanding Non-stealth Wireless Support Structures
(a) Review and Decision Authority
1. In non-residential zoning districts, a special use permit granted by the Zoning Board of Adjustment is required to erect any freestanding non-stealth wireless support structure within two hundred (200) feet of the property line of any property used, zoned, or otherwise approved (e.g., MXD, MUSP, PDD, etc.) for residential purposes.
2. In non-residential zoning districts, freestanding non-stealth wireless support structures located more than two hundred (200) feet from the property line of any property used, zoned or otherwise approved (e.g., MXD, MUSP, PDD, etc.) for residential purposes may be permitted without a special use.
3. A special use permit granted by the Zoning Board of Adjustment is required to erect a freestanding non-stealth wireless support structure in the R40 or R80 zoning districts.
4. If a request for reduction of the minimum required setbacks listed in Section 5.2.4(D) is associated with a freestanding non-stealth wireless support structure that could otherwise be reviewed and decided upon by the Planning Director, review and decision by the Zoning Board of Adjustment under a development plan and special use review as part of a quasi-judicial hearing process shall be required pursuant to LDO Section 5.2.4(D)(8)(b).
(b) Setbacks
Freestanding non-stealth wireless support structures must comply with the minimum building setback for the zoning district in which they are located and shall also be set back as follows:
1. From all existing dwellings in a non-residential zoning district by a minimum of two-hundred (200) feet or two times (2x) the height of the proposed wireless support structure, whichever is greater;
2. From the property line of non-residentially zoned property by the height of the proposed wireless support structure;
3. From the property line of all residentially-zoned property that is used for residential purposes or is vacant by a minimum of two-hundred (200) feet or two times (2x) the height of the proposed wireless support structure, whichever is greater;
4. From the property line of all residentially-zoned property used for non-residential purposes by the height of the proposed wireless support structure; and
5. From adjacent road right-of-way boundaries by the height of the proposed wireless support structure.
(c) Height
The maximum permitted height for freestanding non-stealth wireless support structures is three-hundred fifty (350) feet.
(9) Additional Requirements/Standards for All Wireless Support Structures
(a) Existing Wireless Support Structures
New antennae may be co-located upon wireless support structures that exist on the effective date of this Ordinance. A request for an increase in height for an existing wireless support structure shall require issuance of a special use permit by the Zoning Board of Adjustment if a special use permit would be required to erect a new wireless support structure at the requested height.
(b) Collocation Required
Wireless support structures shall be constructed to accommodate antenna arrays as follows:
1. All freestanding wireless support structures up to one hundred twenty (120) feet in height shall be engineered and constructed to accommodate no less than four (4) antenna arrays.
2. All wireless support structures between one hundred twenty-one (121) feet and one hundred fifty (150) feet shall be engineered and constructed to accommodate no less than five (5) antenna arrays.
3. All wireless support structures between one hundred fifty-one (151) feet and taller shall be engineered and constructed to accommodate no less than six (6) antenna arrays.
(c) General Development Standards
1. Design and Neighborhood Compatibility
a. The exterior appearance of all associated support structures and buildings shall be compatible with the other buildings in the surrounding area. Telecommunications facilities shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area, except when otherwise required by applicable federal or state regulations. Telecommunications facilities shall be located, designed, and/or screened to blend in with the existing natural or built surroundings to reduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the community.
b. The review and decision body may require the applicant to apply to the Federal Aviation Administration (FAA) for compliance with FAA standards for a dual lighting system rather than a red and white marking pattern, when the review and decision-making body determines such a marking pattern would cause aesthetic blight due to the visibility of the wireless support structure.
c. Support buildings located in any residential district may not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.
d. No sign shall be permitted on any telecommunications facility except for official or public notice or warning signs required by a valid and applicable federal, state, or local law, regulation or chapter; by a public utility company; or by order of a court of competent jurisdiction.
2. Buffering and Screening
a. All fences and walls shall be screened in accordance with the requirements of Chapter 7 of this Ordinance.
b. The base of the wireless support structure and each guy anchor shall be surrounded by an opaque fence or wall at least eight (8) feet in height.
(d) Neighborhood Meeting
At the time of submitting an application for a proposed wireless support structure that requires approval as a special use, the applicant shall submit written documentation that they have conducted a neighborhood meeting, to which owners of property within four hundred (400) feet of the subject property have been invited, to explain the proposed facility and answer questions. Documentation should include the time, date, and location of the meeting; a list of meeting attendees; a brief summary of any presentations and/or information discussed; and questions/concerns expressed by neighboring property owners.
(e) Balloon Test
A balloon test shall be required for all wireless support structures that require approval as a special use proposed within four hundred (400) feet of property zoned and used or otherwise approved for residential purposes. The balloon test shall be required prior to the submittal of photo simulations in order to illustrate the proposed height of the wireless support structure. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of the proposed wireless support structure, and within fifty (50) horizontal feet of the center of the proposed wireless support structure.
The applicant shall meet the following for the required balloon test:
1. Applicant must inform the Planning Department and abutting property owners within four hundred (400) feet of the subject property in writing of the date and times, including alternative date and times, of the test at least fourteen (14) days in advance.
2. The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven (7) but no more than fourteen (14) days in advance of the test date.
3. The balloon shall be flown at the required height for at least four (4) consecutive hours during daylight hours on the date chosen. The applicant shall record the weather conditions during the balloon test.
(10) Additional Requirements/Standards for All Telecommunications Facilities Requiring a Special Use Permit
(a) Availability of Existing Structures
Applicants seeking a special use permit for wireless support structures greater than seventy-five (75) feet in height, and proposed to be located within three thousand (3,000) feet of any other wireless support structure greater than seventy-five (75) feet in height, shall provide evidence that reasonable efforts have been made to lease or otherwise acquire space on all existing, planned, or constructed wireless support structures. No new freestanding wireless support structure shall be permitted unless the applicant demonstrates that no existing or previously approved wireless support structure can reasonably be used for the telecommunications facility placement instead of the construction of a new wireless support structure; that residential, historic, and designated scenic areas cannot be served from outside the area; or that the proposed height of a new wireless support structure or initial telecommunications facility placement or a proposed height increase of a substantially changed wireless support structure, or replacement wireless support structure, is necessary to provide the applicant’s designed service. Collocation on an existing wireless support structure is not reasonably feasible if collocation is technically or commercially impractical or the owner of the wireless support structure is unwilling to enter into a contract for such use at fair market value.
(b) Setback Reductions
1. In considering an application for special use and/or development plan for telecommunications facilities, the ZBOA may grant a reduction of the minimum required setbacks listed in Section 5.2.4(D) upon consideration of circumstances or aspects which reduce the off-site effects of the facility on adjacent properties. Such circumstances or aspects may include, but are not limited to: topography; berms; the proximity of existing or potential uses; existing vegetation and improvements made or proposed to the site to obscure or reduce the visibility of the wireless support structure from adjacent properties; the concentration of existing and/or proposed wireless support structures in the area; and whether the height, design (including structural features), placement or other characteristics of the proposed wireless support structure could be modified to have a less intrusive impact.
2. Requests under this sub-section may be approved provided that such action is not inconsistent with the general purposes and applicable approval criteria of this Ordinance. The ZBOA, in considering any request(s) for reduction of the minimum required setbacks under this Section, shall consider any unique circumstances for such a request(s).
(c) Conditions
Notwithstanding any of the standards of this Section, the ZBOA may require any other reasonable conditions (including any modifications of the standards in this Section 5.2.4(D)) to mitigate the impact of the wireless support structure on adjacent properties and uses including, but not limited to, conditions or modifications related to the style, height, and design of the facility.
(11) Outside Experts and Disputes
(a) Review by an outside consultant shall be required for all facilities requiring approval of a special use permit. The fee for review by the outside consultant shall be collected together with the application fee for the special use permit. Additional reasonable and cost based fees may be imposed for costs incurred should the applicant amend its application. Selection of the outside consultant shall be at the sole discretion of the Town.
(b) If an applicant for a telecommunications facility claims that one (1) or more standards of this Ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the application be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant.
(12) Standard Conditions
(a) Applicant must obtain all other required permits, authorizations, approvals, agreements, and declarations that may be required for installation, modification, and/or operation of the proposed facility under federal, state, or local law, rules, or regulations, including but not limited to encroachment agreements and FCC approvals. An approval issued under this Section 5.2.4(D) is not in lieu of any other permit required under the LDO or Town Code, nor is it a franchise, license, or other authorization to occupy the public right-of-way, or a license, lease, or agreement authorizing occupancy of any other public or private property. It does not create a vested right in occupying any particular location, and an applicant may be required to move and remove facilities at its expense consistent with other provisions of applicable law. An approval issued in error, based on incomplete or false information submitted by an applicant or that conflicts with the provisions of the LDO, is not valid. No person may maintain a telecommunications facility in place unless required state or federal authorization remain in force.
(b) All telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the use. This shall include keeping the structures maintained to the visual standards established at the time of approval. The telecommunications facility shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than thirty (30) calendar days from the date of notification by the Town. All the telecommunications facility equipment must be removed upon the expiration/termination/revocation of the approval and/or when no longer in operation, whichever occurs first.
In public rights-of-way, damaged or deteriorated components must be corrected within five (5) business days of notification. If a telecommunications facility or portions of a telecommunications facility are taken out of service, the components must be removed within thirty (30) business days of being taken out of service, and affected facilities restored to their prior condition.
(c) The property owner(s) or applicant shall submit a certification letter from a North Carolina certified land surveyor or licensed engineer which verifies that structure height complies with the approved development plan.
(d) Any approval issued by the Town for a new wireless support structure or collocation that is a substantial change shall be conditioned on the construction of the approved facilities within twenty-four (24) months.
(e) The applicant or owner shall maintain onsite at the telecommunications facility contact information for all parties responsible for maintenance of the facility.
(f) Telecommunications facilities, whether operating alone or in conjunction with other facilities, shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission.
(g) After written notice to the applicant and/or owner, the Town may require the relocation, at the applicant/owner’s expense and according to the then-existing standards for telecommunication facilities, of any telecommunication facility located in the public right-of-way, as necessary for maintenance or reconfiguration of the right-of-way or for other public projects, or take any other action or combination of actions necessary to protect the health and welfare of the Town.
(h) Collocation or modification of telecommunications facilities on an existing non-conforming wireless support structure or base station shall not be construed as an expansion, enlargement, or increase in intensity of a non-conforming structure and/or use, provided that the collocation or modification constitute an eligible facilities request.
(i) No portion of a telecommunications facility may be placed in the public right-of-way in a manner that:
1. Obstructs pedestrians or vehicular or bicycle access, obstructs sight lines or visibility for traffic, traffic signage, or signals; or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference;
2. Results in ground-mounted, above-ground equipment cabinets in the public right-of-way associated with the support structure that are ten percent (10%) larger in height or overall volume than other equipment cabinets in the same area; or
3. Involves placement of pole-mounted equipment (other than cabling) whose lowest point is lower than eight (8) feet above ground level.
(13) Submittal Requirements
(a) In addition to the submittal requirements of Sections 3.8 (Special Uses) and 3.9 (Subdivision Plats and Development Plans) of this Ordinance, as may be applicable, applications for proposed telecommunications facilities shall also include maps, reports, and documents as specified by the Planning Director. At a minimum, this information shall describe the facility with regard to its proposed location, design, and operation; and, if applicable, a clear statement that the request is being made as an eligible facilities request under state law and/or federal law.
(b) If, as part of review by an outside expert, additional submittal information is determined to be necessary in order to review the application for compliance with this Ordinance, such information shall be required regardless of the items initially submitted with the application.
(14) Nonconforming Setbacks for Existing Wireless Support Structures
Wireless support structures that do not meet the minimum required setbacks from lots that were created after the construction of the wireless support structure shall be deemed conforming with regard to setbacks for the purposes of Section 5.2.4(D).
Note: Refer to Section 6.2.2(C) for requirements associated with creating residentially zoned lots from an existing lot or parcel that contains a wireless support structure (stealth or non-stealth).
(E) Research Laboratory
In the MXDR subdistrict of the TC district, such uses shall be permitted by right based upon the following conditions:
(1) Such uses must be lawfully established prior to July 1, 2003;
(2) Expansion of the building(s) or increased use of the site beyond that legally established on July 1, 2003 is permitted by right, provided that such expansions comply with the TC district standards;
(3) Maintenance and minor repair of structures and/or the site is permitted by right;
(4) If the use ceases or is interrupted for more than one hundred and eighty (180) consecutive days, then the use shall not be re-established;
(5) An addition of land to a parcel or site containing such uses through an action of the owner or their agent after July 1, 2003 shall require special use permit approval (see Section 3.8).
(F) Warehousing and Distribution Establishment and Wholesale Establishment
(1) In the HMXD and MXD subdistricts of the TC district, such uses may be permitted based upon the following conditions:
(a) Such uses must be lawfully established prior to July 1, 2003;
(b) Expansion of the building(s) or increased use of the site beyond that legally established on July 1, 2003 is permitted by right, provided that such expansions comply with the TC district standards;
(c) Maintenance and minor repair of structures and/or the site is permitted by right;
(d) If the use ceases or is interrupted for more than one hundred and eighty (180) consecutive days, then the use shall not be re-established;
(2) In the HMXD and MXD subdistricts of the TC district, such uses may be permitted with a special use permit (see Section 3.8) if there is an addition of land to a parcel or site containing such uses through an action of the owner or their agent after July 1, 2003.
(G) Light Industrial
(1) In the HMXD and COM Sub-districts of the Town Center, goods produced on site shall be available for retail purchase on the site.
(2) In the MXD Sub-district of the Town Center, such use shall be allowed by right if goods produced on site are available for retail purchase on the site. Otherwise, such use may be allowed as a special use.
(H) Small Wireless Facilities
(1) Purpose
The purpose of this section is to:
(a) Minimize the impacts of small wireless facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;
(b) Encourage the location and collocation of small wireless facilities equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts, and to reduce the need for additional antenna-supporting structures;
(c) Encourage coordination between suppliers of small wireless facilities in the Town of Cary and its planning and development regulation jurisdiction;
(d) Accommodate the growing demand for wireless services and the resulting need for small wireless facilities;
(e) Regulate in accordance with all applicable federal and state laws;
(f) Establish review procedures to ensure that applications for small wireless facilities are reviewed and acted upon within a reasonable period of time or any specific period of time required by law;
(g) Protect the unique aesthetics of the Town while meeting the needs of its citizens and businesses to enjoy the benefits of wireless communications services; and
(h) Encourage the use of existing buildings and structures as locations for small wireless facilities infrastructure as a method to minimize the aesthetic impact of related infrastructure.
It is not the purpose or intent of this section to prohibit, have the effect of prohibiting, or materially limit or inhibit wireless communications services; unreasonably discriminate among providers of functionally equivalent wireless communication services; regulate the placement, construction or modification of wireless communications facilities on the basis of the environmental effects of radio frequency emissions where it is demonstrated that the small wireless facility does or will comply with applicable FCC regulations; or prohibit or effectively prohibit collocations or modification that the town must approve under state or federal law. The provisions of this Section 5.2.4(H) are in addition to, and do not replace, any obligations an applicant may have under any franchises, licenses, encroachments, or other permits issued by the Town.
(2) Definitions
The following terms shall be defined as follows:
ACCESSORY EQUIPMENT means any equipment installed and owned by a third party used to deliver a service (other than a communications service) to a telecommunications facility, such as an electric meter.
ANTENNA has the same meaning as the term “antenna” defined in G.S. Chapter 160D, Article 9, Part 3.
APPLICABLE CODES has the same meaning as the term “applicable codes” defined in G.S. Chapter 160A, Part 3E.
BASE STATION means a structure or equipment at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a wireless support structure or any equipment associated with such structure. The term includes wireless facilities.
1. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small wireless facilities).
3. The term includes any structure other than a wireless support structure that, at the time the relevant application is filed with the Town under this section, supports or houses equipment described in paragraphs (1) through (2) above that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application is filed with the Town under this ordinance, does not support or house equipment described in paragraphs (1)-(2) above.
CITY UTILITY POLE has the same meaning as the term “city utility pole” as defined in G.S. Chapter 160D, Article 9, Part 3.
COLLOCATION has the same meaning as the term “collocation” as defined in G.S. Chapter 160D, Article 9, Part 3.
CONCEALED WIRELESS FACILITY, CONCEALED WIRELESS SUPPORT STRUCTURE, or CONCEALED ANTENNA means a stealth wireless facility, stealth wireless support structure, or stealth antenna.
CONCEALMENT ELEMENT means any design feature, including but not limited to painting, shielding requirements, shrouds, and restrictions on location or height in relation to the surrounding area that are intended to make a telecommunications facility less visible to the casual observer and to make the facility look like something other than a telecommunications facility. The design elements of a concealed (stealth) telecommunications facility are concealment elements. Concealment elements need not have been explicitly articulated as a condition or requirement of a prior approval; any design element considered by the Town in its approval of a stealth wireless support structure or stealth wireless facility is a concealment element, including requirements for walls or fences surrounding equipment. Such design elements are intended to be conditions ensuring the equipment is fully obscured and looks like something other than a telecommunications facility.
ELIGIBLE FACILITIES REQUEST means any request for modification of an existing wireless support structure or base station that does not substantially change the physical dimensions of such telecommunications tower or base station, as defined in either 47 C.F.R. 1.40001(b) or G.S. Chapter 160D, Article 9, Part 3.
MONOPOLE means a single, self-supporting, freestanding pole-type structure built for the sole purpose of supporting one or more antennae. For the purposes of this LDO, a utility pole is not a monopole.
QUALIFYING CITY UTILITY POLE means a modified or replacement city utility pole that does not exceed fifty (50) feet above ground level and that is associated with a new small wireless facility that does not extend more than ten (10) feet above such city utility pole.
QUALIFYING SMALL WIRELESS FACILITY means a new small wireless facility that does not extend more than ten (10) feet above the utility pole, city utility pole, or wireless support structure on which it is collocated and is located either (i) in the Town right-of-way or (ii) outside of Town right-of-way on property other than single family residential property.
QUALIFYING SMALL WIRELESS FACILITY means a new small wireless facility that does not extend more than ten (10) feet above the utility pole, city utility pole, or wireless support structure on which it is collocated and is located either (i) in the Town right-of-way or (ii) outside of Town right-of-way on non-residential or multi-family residential property.
SHROUD means a box or other container that contains, and is designed to camouflage or conceal the presence of, a telecommunications facility, antenna, or accessory equipment.
SMALL WIRELESS FACILITY has the same meaning as the term “small wireless facility” as defined in G.S. Chapter 160D, Article 9, Part 3.
STEALTH WIRELESS FACILITY, STEALTH WIRELESS SUPPORT STRUCTURE, or STEALTH ANTENNA means any telecommunications facility, wireless support structure, or antenna that is integrated as an architectural feature of a structure or that is designed to camouflage or conceal the presence of the telecommunications facility, wireless support structure, or antenna so that the purpose of the telecommunications facility, wireless support structure, or antenna is not readily apparent to a casual observer. Any telecommunications facility, wireless support structure, or antenna that was approved with concealment elements is a stealth wireless facility, wireless support structure, or antenna.
SUBSTANTIAL CHANGE has the same meaning as the term “substantial change” as defined by Federal Communications Commission regulations, 47 CFR 1.40001(b)(7).
SUBSTANTIAL MODIFICATION has the same meaning as the term “substantial modification” as defined in G.S. Chapter 160D, Article 9, Part 3.
TELECOMMUNICATIONS FACILITY means a facility consisting of a base station and accessory equipment, and the utility pole, city utility pole, or wireless support structure, if any, associated with the facility.
UTILITY POLE has the same meaning as the term “utility pole” as defined in G.S. Chapter 160D, Article 9, Part 3.
WIRELESS FACILITY has the same meaning as the term “wireless facility” as defined in G.S. Chapter 160D, Article 9, Part 3. The term includes small wireless facilities.
WIRELESS SUPPORT STRUCTURE has the same meaning as the term “wireless support structure” as defined in G.S. Chapter 160D, Article 9, Part 3. A utility pole or city utility pole is not a wireless support structure.
(3) Siting
To protect the unique aesthetics of the Town, to minimize new visual, aesthetic, and public safety impacts, and to reduce the need for additional antenna-supporting structures, the Town prefers that small wireless facilities be located outside the public right-of-way; collocated on existing utility poles or wireless support structures; concealed; and have their accessory equipment mounted on the utility pole or wireless support structure. These preferences are intended as guidance for development of an application for small wireless facilities.
(4) Applicability; Compliance with Law; Exemptions
(a) The standards established herein shall apply only to qualifying small wireless facilities, qualifying utility poles, and qualifying city utility poles, as defined herein. Nothing in this ordinance shall be interpreted to excuse compliance with, or to be in lieu of, any other requirement of state or local law, except as specifically provided herein. Without limitation, the provisions of this ordinance do not permit placement of small wireless facilities on privately-owned utility poles or wireless support structures, or on private property, without the consent of the property owner or any person who has an interest in the property.
(b) Unless expressly set forth herein, the following categories of small wireless facilities are exempt from the requirements in Section 5.2.4(H), provided they meet the location and design requirements set forth below:
1. Any telecommunications facility below sixty-five (65) feet when measured from ground level which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission and used exclusively for amateur radio operations.
2. Over the air reception devices covered under 47 C.F.R. § 1.4000, so long as it satisfies the requirements set forth in Section 5.3.4(F)(2).
4. Routine maintenance of small wireless facilities; the replacement of small wireless facilities with small wireless facilities that are the same size or smaller; or installation, placement, maintenance, or replacement of micro wireless facilities (as defined in G.S. Chapter 160D, Article 9, Part 3) that are suspended on cables strung between existing utility poles or city utility poles in compliance with all applicable laws or regulations by or for a communications service provider authorized to occupy the Town rights-of-way and who is remitting taxes under G.S. 105-164.4(a)(4c) or (a)(6).
5. A temporary small wireless facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the Town of Cary; except that such facility must comply with all federal and state requirements and must be removed at the conclusion of the emergency.
6. Public safety facilities or installations required for public safety on public or private property, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.
7. A small wireless facility located in an interior structure or upon the site of any stadium or athletic facility, provided that the small wireless facility complies with applicable codes.
(5) Collocation of Small Wireless Facilities
Collocation of small wireless facilities on land used as single-unit residential property or vacant land that is zoned for single-unit residential development, and any small wireless facility that extends more than ten (10) feet above the utility pole, city utility pole, or wireless support structure on which it is collocated, are subject to LDO Section 5.2.4(D). Notwithstanding the foregoing, replacement of an existing streetlight for which the Town is financially responsible with a streetlight capable of including a collocated, concealed small wireless facility is permitted on land used as single-unit residential property or vacant land that is zoned for single-unit residential development, pursuant to the requirements of Section 5.2.4(H)(6).
Collocations of qualifying small wireless facilities in Town right-of-way or outside of Town right-of-way on land that is in a non-residential zoning district or land that is used for non-single-unit residential property, are subject to the following requirements:
(a) Application. Applicants must complete an application as specified in form and content by the Town.
(b) Height. Each new small wireless facility shall not extend more than ten (10) feet above the utility pole, city utility pole, or wireless support structure on which it is collocated.
(c) Public Safety. In order to protect public safety:
(1) Small wireless facilities shall cause no signal or frequency interference with public safety facilities or traffic control devices and shall not physically interfere with other attachments that may be located on the existing pole or structure.
(2) A structural engineering report prepared by an engineer licensed by the State of North Carolina shall be submitted by the applicant, certifying that the host structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennae and other equipment, extensions, and appurtenances associated with the installation.
(3) A traffic and pedestrian management plan must be submitted for any installation that requires work in the public right-of-way.
(4) No portion of a small wireless facility may be placed in the public right-of-way in a manner that:
i. Obstructs pedestrians or vehicular or bicycle access, obstructs sight lines or visibility for traffic, traffic signage, or signals; or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference; or
ii. Involves placement of pole-mounted equipment (other than cabling) whose lowest point is lower than eight (8) feet above ground level.
(5) An abandoned small wireless facility shall be removed within one hundred eighty (180) days of abandonment.
(d) Objective Design Standards.
(1) No signs are permitted on small wireless facilities except for official or public notice or warning signs required by a valid and applicable federal, state, or local law, regulation or chapter; by a public utility company; or by order of a court of competent jurisdiction.
(2) Small wireless facilities shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area, except when otherwise required by applicable federal or state regulations. Small wireless facilities shall be located, designed, and/or screened to blend in with the existing natural or built surroundings to reduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the community.
(e) Stealth and Concealment.
(1) All small wireless facilities shall be stealth facilities. Antenna and accessory equipment must be shrouded or otherwise concealed. Small wireless facilities shall blend with or match the structure to which they are attached.
(2) Small wireless facilities to be collocated with a streetlight must be designed such that all cabling is inside the streetlight pole.
(f) Screening, Landscaping, and Spacing Requirements for Ground Equipment.
(1) Ground equipment shall be screened, to the extent possible, with evergreen plantings or other acceptable alternatives approved by the Planning Director.
(g) Historic Preservation.
(1) Small wireless facilities located in designated historic districts or on property designated as a landmark (pursuant to G.S. Chapter 160D, Article 9, Part 4) shall be required to obtain a Certificate of Appropriateness as required by LDO Section 3.27.
(h) Applicable Codes.
(1) Small wireless facilities must meet applicable codes.
(6) Utility Poles and City Utility Poles Associated with Small Wireless Facilities
The placement of new utility poles is prohibited by the Town’s undergrounding requirements in LDO Section 8.1.4(E)(2), unless permitted by that section. Modification or replacement of qualifying utility poles and qualifying city utility poles existing as of December 14, 2017, is not prohibited; however, the maintenance, modification, operation, or replacement of qualifying utility poles and qualifying city utility poles associated with small wireless facilities are subject to the following requirements:
(a) Application.
Applicants must complete an application as specified in form and content by the Town.
(b) Height.
Each modified or replacement utility pole or city utility pole shall not exceed (i) forty (40) feet above ground level on property zoned for or used as single-unit residential property, or in the right-of-way adjacent to such property, where existing utilities are installed underground, unless a variance is granted pursuant to LDO Section 3.20; or (ii) fifty (50) feet above ground level on all other property. Each new small wireless facility shall not extend more than ten (10) feet above the associated utility pole, city utility pole, or wireless support structure on which it is collocated.
(c) Small Wireless Facilities.
All requirements of LDO Section 5.2.4(H)(5) apply to small wireless facilities located on a utility pole, city utility pole, or wireless support structure.
(d) Public Safety.
In order to protect public safety:
(1) No replacement utility poles or city utility poles associated with a small wireless facility are permitted in the clear zone as defined in the Town of Cary Standard Specifications & Details Manual unless such replacement pole is breakaway rated.
(2) No portion of a utility pole or city utility pole associated with a small wireless facility may be placed in the public right-of-way in a manner that:
i. Obstructs pedestrians or vehicular or bicycle access, obstructs sight lines or visibility for traffic, traffic signage, or signals; or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference; or
ii. Involves placement of pole-mounted equipment (other than cabling) whose lowest point is lower than eight (8) feet above ground level.
(e) Objective Design Standards.
(1) No signs are permitted on utility poles or city utility poles except for official or public notice or warning signs required by a valid and applicable federal, state, or local law, regulation or chapter; by a public utility company; or by order of a court of competent jurisdiction.
(2) Utility poles or city utility poles associated with a small wireless facility shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area, except when otherwise required by applicable federal or state regulations. Utility poles or city utility poles associated with a small wireless facility shall be located, designed, and/or screened to blend in with the existing natural or built surroundings to reduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the community.
(f) Stealth and Concealment.
(1) All antenna and accessory equipment must be shrouded or otherwise concealed and shall blend with or match the pole to which they are attached.
(2) Small wireless facilities to be collocated with a streetlight must be designed such that all cabling is inside the streetlight pole.
(g) Historic Preservation.
(1) Utility poles or city utility poles associated with a small wireless facility located in designated historic districts or on property designated as a landmark (pursuant to G.S. Chapter 160D, Article 9, Part 4) shall be required to obtain a Certificate of Appropriateness as required by LDO Section 3.27.
(h) Applicable Codes.
(1) Utility poles and city utility poles associated with a small wireless facility must meet applicable codes.
(7) Standard Conditions
(a) Applicant must obtain all other required permits, authorizations, approvals, agreements, and declarations that may be required for installation, modification, and/or operation of the proposed facility under federal, state, or local law, rules, or regulations, including but not limited to encroachment agreements and FCC approvals. An approval issued under this Section 5.2.4(H) is not in lieu of any other permit required under the LDO or Town Code, nor is it a franchise, license, or other authorization to occupy the public right-of-way, or a license, lease, or agreement authorizing occupancy of any other public or private property. It does not create a vested right in occupying any particular location, and an applicant may be required to move and remove facilities at its expense consistent with other provisions of applicable law. An approval issued in error, based on incomplete or false information submitted by an applicant or that conflicts with the provisions of the LDO, is not valid. No person may maintain a small wireless facility in place unless required state or federal authorization remain in force.
(b) All small wireless facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the use. This shall include keeping the structures maintained to the visual standards established at the time of approval. The small wireless facility shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than thirty (30) calendar days from the date of notification by the Town. In public rights-of-way, damaged or deteriorated components must be corrected within five (5) business days of notification.
(c) The property owner(s) or applicant shall submit a certification letter from a North Carolina certified land surveyor or licensed engineer which verifies that structure height complies with the approved development plan.
(d) The applicant or owner shall maintain onsite at the facility contact information for all parties responsible for maintenance of the facility.
(e) Small wireless facilities, whether operating alone or in conjunction with other facilities, shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission.
(f) After written notice to the applicant and/or owner, the Town may require the relocation, at the applicant/owner’s expense, of any small wireless facility, and the associated utility pole, city utility pole, or wireless support structure on which it is collocated, located in the public right-of-way, as necessary for maintenance or reconfiguration of the right-of- way or for other public projects, or take any other action or combination of actions necessary to protect the health and welfare of the Town.
(g) Collocation or modification of small wireless facilities on an existing non-conforming wireless support structure or base station shall not be construed as an expansion, enlargement, or increase in intensity of a non-conforming structure and/or use, provided that the collocation or modification constitute an eligible facilities request.
(h) Collocation of small wireless facilities shall commence within six (6) months of approval and each small wireless facility shall be activated for use no later than one (1) year from the date of approval. These time limits shall be extended if delay is caused by a lack of commercial power to the small wireless facility. The Planning Director may grant an extension of these time limits, for good cause shown, upon receiving a request from the applicant before the expiration of the applicable time limit. Section 3.9.2(k)(2) of the LDO shall not apply to collocation of small wireless facilities.
(I) Brewery, Distillery, or Winery
(1) GC, MXD, HMXD, MXD, CLI, COM
Breweries, distilleries, or wineries in the GC district, Mixed Use District, or HMXD, MXD, CLI or COM subdistricts of the Town Center shall include either a tasting room or restaurant, which shall be open to the public.
(2) Industrial District
Breweries, distilleries, or wineries in the Industrial district with a tasting room or restaurant are allowed only as a special use.
(3) Outdoor Activities Requiring a Special Use Permit
(a) In all districts, any brewery, distillery, or wineries proposed to include an outside amphitheater, stage, or provision for live or recorded acoustic or amplified entertainment outside of the building within one hundred (100) feet of the following residential zoning districts shall be allowed only as a special use: R80, R40, R20, R12, R8, TR, RMF, HDR Mid-Rise, HDR Garden, MXDR, MDR, and LDR.
(b) The one hundred (100) foot distance shall be measured from the center of the outdoor facility to the property line of the nearest residential zoning district specified above.
(c) Outdoor seating is allowed without a special use permit.
(4) Outside Storage
In all districts, storage of materials, products for distribution, and other items requiring long-term storage shall be allowed in areas behind the building, within service alleys, or otherwise screened from view of the public right-of-way or pedestrian way.
(Ord. No. 04-001, 1-8-04; Ord. No. 04-007, 7-15-04; Ord. No. 05-001, 1-13-05; Ord. No. 06-005, adopted 3-23-06; eff. 3-23-06; Ord. No. 06-009, 4-27-06); Ord. No. 2007-04, 3-22-07; Ord. No. 2007-21, 12-13-07; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2010-LDO-01, 1-14-10; Ord. No. 2010-LDO-02, 1-28-10; Ord. No. 2010-LDO-03, 2-25-10; Ord. No. 2010-LDO-05, 12-16-10; Ord. No. 2011-LDO-01, 1-11-11; Ord. No. 2011-LDO-04, 11-17-11; Ord. No. 2011-LDO-05, 12-15-11; Ord. No. 12-LDO-01, 2-23-12; Ord. No. 2012-LDO-03, 5-10-12; Ord. No. 2012-LDO-04, 5-24-12; Ord. No. 2012-LDO-08, 10-11-12; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2013-LDO-04, 9-26-13; Ord. No. 2013-LDO-06, 11-21-13; Ord. No. 2014-LDO-01, 1-9-14; Ord. No. 2014-LDO-03, 8-14-14; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2015-LDO-003, 7-23-15; Ord. No. 2015-LDO-006, 12-10-15; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2017-ACT-01, 10-26-17; Ord. No. 2017-ACT-02, 12-14-17; Ord. No. 2018-LDO-01, 5-3-18; Ord. No. 2018-LDO-03, 11-15-18; Ord. No. 2018-LDO-04, 12-13-18; Ord. No. 2019-LDO-01, 9-26-19; Ord. No. 2019-LDO-03, 10-10-19; Ord. No. 2020-LDO-01, 5-7-20; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22; Ord. No. 2022-LDO-03, 10-27-22; Ord. No. 2023-LDO-03, 6-22-23; Ord. No. 2023-LDO-04, 11-16-23)