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 these sections as well as all standards and requirements listed in § 154.082 above have been met.
(A) Planned unit development.
(1) Purpose. The purpose of this division (A) 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 and 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. In this chapter a planned unit development means a group residential development or a group commercial development where more than one principal building or use is proposed to be constructed on a single tract; or any building with a gross floor area of 10,000 square feet or more; or a residential complex of five or more units with more than one principal building, shall be deemed a planned unit development (PUD). Residential units within a planned unit development 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. There shall be two types of PUD, a residential PUD and a commercial PUD. These planned unit developments may be located only in certain specified districts as special uses, subject to a finding by the Board of Adjustment that the following conditions be met:
(a) Ownership control. The land in a planned unit development 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) Land uses permitted and location of PUDs. Those land uses normally permitted in the district within which a PUD is located shall be permitted in the PUD, including multi-family residential units in residential planned unit developments, and a variety of commercial uses in commercial planned unit developments. Residential PUDs shall be permitted in the central business district and the highway business district; and commercial PUDs shall be permitted in the central business district and highway business district. All PUDs must be compatible with and not violate the intent of the zoning district.
(c) 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 a residentially planned unit development (dwelling units per acre as shown in §§ 154.066 through 154.068 above) shall conform to that permitted in the district in which the development is located. If the planned unit development lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the planned unit development 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.
(d) Frontage requirements. Planned unit developments shall have access to a highway or road suitable for the scale and density of development being proposed.
(e) Minimum requirements.
1. The normal minimum lot size, setbacks and frontage requirements are hereby waived for the planned unit development, provided that the spirit and intent of this section are 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. No building or structure shall exceed the height limitations of the district in which it is located.
3. 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.
(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. Multi-level buildings shall be located within a planned unit development 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 the low-rise buildings.
(g) Perimeter requirements.
1. Structures located on the perimeter of the development must be setback from property lines and right-of-way of abutting streets in accordance with the provisions of the zoning ordinance controlling the district within which the property is situated; and
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) Plans and accompanying documentation. Plans and accompanying documentation to ensure that the water and sewer systems proposed for the planned unit development have been approved by the appropriate local and state agencies and submitted as part of the application.
(i) Preliminary plans. Preliminary plans shall include parking provisions for all proposed uses within the planned unit developments in accordance with § 154.106 below.
(j) Pedestrian and bicycle path circulation system. Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.
(k) Layout of parking areas and the like. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise and other potentially adverse influences shall be such as to protect the character of the district and desirable character in any adjoining district.
(l) Conveyance and maintenance. Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Chapter 47A) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.
(B) Mobile home parks.
(1) Purpose. The purpose of this division (B) is to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilization of land by providing for the planning and operation of mobile home parks, and by providing for the standards and regulations necessary to accomplish these purposes.
(2) Definitions.
(a) Mobile home. A portable manufactured housing unit designated for transportation on its own chassis and placement on a temporary or semi permanent foundation having a measurement of over 32 feet in length and over eight feet in width. As used in this subchapter, MOBILE also means a double-wide home which is two or more portable manufacturing housing units designed for transportation on their own chassis, which connect on site for placement on a temporary or semi permanent foundation, having a measurement of over 32 feet in length and over eight feet in width.
(b) Mobile home park. Any premises where two or more mobile homes are parked for living and sleeping purposes, or any premises used or set apart for the purpose of supplying to the public parking space for include any buildings, structures, vehicles or enclosures used or intended for use as part of the mobile home parks.
(3) Land development standards.
(a) There shall be no more than six mobile homes per acre, and the area of the park site shall no be less than two acres.
(b) No mobile home or other structure within a mobile home park shall be closer to each other than 20 feet, except that storage or other auxiliary structures for the exclusive use of the mobile home may be closer to that mobile home than 20 feet.
(c) There shall be at least two off-street parking spaces for each mobile home. These spaces shall be provided either on the same site as the mobile home served or in a designated parking area serving several or all mobile homes within the mobile home park.
(d) No mobile home or other structures shall be located closer than 20 feet to the exterior boundary of the mobile home park or highway right-of-way.
(e) A densely planted buffer strip, consisting of evergreen trees or shrubs shall be located along all sides of the mobile home park, but along any street shall be setback beyond the street right-of-way. The 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.
(f) The mobile home park owner shall be responsible for making arrangements for the collection of all garbage and trash.
(g) All mobile homes shall be underpinned.
(h) All streets within a mobile home park shall be at least 20 feet in width. All streets shall have unobstructed access to a public street or highway and shall be hard surfaces, or of properly compacted gravel of at least four inches in depth, well marked and lighted by the mobile home owner.
(i) All mobile home parks shall be served by a public water system. The water distribution system within the park shall meet all requirements of Article D-9 of Appended D, entitled Plumbing Installation Standards for Mobile Homes and Travel Trailers and Parks of the State Plumbing Code.
(j) All mobile home parks served by a public sewage collection and treatment system shall meet the requirements of Article D-9 of Appended D of the State Plumbing Code. Any mobile home park not served by a public sewage system must be approved by the County Health Department.
(k) Anchors or tie-downs, such as cast-in-place concrete "dead men", eyelets imbedded in concrete screw augers, or arrowhead anchors, shall be placed at each corner of the mobile home stand and at intervals and of such strength as required to conform to the requirements of the State Building Code.
(l) The mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile. The stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind or other force activity on the structure.
(C) Country clubs.
(1) Off-street parking shall be sufficient to meet the requirements found in § 154.106 below.
(2) The Board of Adjustment may require buffering consisting of evergreen trees or shrubs located along the side and rear lot lines, but long any street shall be setback beyond the street right-of-way. The 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 feel 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 and the like.
(4) All development 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.
(D) Government offices.
(1) All existing government office buildings located within the town's Central Business District as of the date of March 20, 2008 shall be considered compliant with this section.
(2) A special use permit shall be obtained for any additions, repairs or any construction that results in the expansion of the building footprint of any existing government office building within the Central Business District. If a building houses multiple uses including government office uses, then the expansion of a government office use within the building shall constitute an expansion of the footprint of the government office building.
(3) In addition to the prescribed findings of fact for the issuance of a special use permit, the Zoning Board of Adjustment shall determine that a proposed government office development in the Central Business District fulfills the following requirements:
(a) The proposed location for the use or building shall not be on a parcel or lot, which directly abuts the public right-of-way of North Carolina Highway 108, also known as Mills Street;
(b) No alternative locations exist for the building or use within areas previously developed for government buildings and/or uses; and
(c) If a new structure is proposed, then the structure's architectural design shall be consistent with the surrounding area and shall conform to any existing design guidelines adopted by the town.
(E) Government facilities.
(1) Any new governmental facility buildings and/or uses, and any additions, repairs or any construction to existing facilities that result in the expansion of the building footprint shall be issued a special use permit prior to commencement of development and/or construction, and must adhere to the following standards:
(a) A governmental facility shall not be located on a lot or parcel whose perimeter is within 200 feet of three or more parcels or lots that contain residential uses or is within 200 feet of three or more parcels or lots that contain uses classified according to the permitted use table under § 154.065 above as retail trade, commercial services, sales and rental of goods, merchandise and equipment or uses classified as restaurants;
(b) No alternative location exists for the proposed new governmental facility within areas previously developed for government buildings and/or facilities; and
(c) Detention centers, jails and related correctional facilities; storage yards and related outdoor storage facilities; maintenance sheds and related indoor storage facilities; and emergency response facilities are all listed and regulated as different governmental facility uses below. If a proposed development or change in use is not explicitly listed, then the zoning administrator shall determine which of the previously mentioned use categories the proposal most closely resembles and the proposal shall be treated as falling within the use category.
(2) Detention centers, jails, and related correctional facilities shall adhere to the following restrictions as well as those listed above:
(a) Any such facilities existing in the Central Business District as of March 20, 2008, may be continued as nonconforming uses, provided however, that if any proposed construction will result in the expansion of the footprint of the existing facilities, then a special use permit must be obtained and the permit shall require that the entire facility be brought into compliance with the remaining provisions of this division (E)(2). New facilities of this type shall not be constructed in the Central Business District;
(b) No outdoor speaker system shall be utilized by the facilities;
(c) Vehicles entering and exiting the premises of such a facility shall not use sirens and/or emergency lights unless responding to an emergency;
(d) No chain link, barbed wire, razor wire or any other similar fencing material shall be used in locations that are visible from other adjoining properties and/or the public right-of-way unless specifically permitted by the Zoning Board of Adjustment;
(e) Lighting, including security lights, shall not produce direct glare or other light trespass onto adjoining properties;
(f) Exercise yards and other outdoor activity areas shall be located internally and shall not be visible from adjoining properties or the public right-of-way;
(g) The loading and unloading of residents of such a facility shall take place between the hours of 6:00 a.m. and 7:00 p.m.; and
(h) All vehicles associated with the proposed use shall be stored in an enclosed or screened area. The screen shall be made of vegetation, fences, a combination of fence and landscape material, or any other material which effectively blocks visibility of the vehicles from adjoining properties and the public right-of-way.
(3) Storage yards and related outdoor storage facilities shall adhere to the following restrictions as well as those listed above:
(a) All the facilities existing as of March 20, 2008, in the Central Business District may be continued as nonconforming uses, provided however, that if any proposed construction will result in the expansion of the footprint of the existing facilities, then a special use permit must be obtained and the permit shall require that the entire facility be brought into compliance with the remaining provisions of this division (E)(3). Any actions which effectively increase the perimeter of such a facility shall constitute an expansion of the facility;
(b) The facilities shall be located on a parcel of land not less than one half acre (21,780 square feet);
(c) The yard or space shall be screened by some means so that the yard or space is not visible from adjoining properties or from a public right-of-way; and
(d) No materials shall be stored permanently or temporarily outside of the enclosed and/or screened area.
(4) Maintenance sheds and related indoor storage facilities shall adhere to the following restrictions as well as those listed above:
(a) All the facilities existing as of March 20, 2008, in the Central Business District may be continued as nonconforming uses, provided however, that if any proposed construction will result in the expansion of the footprint of the existing facilities, then a special use permit must be obtained and the permit shall require that the entire facility be brought into compliance with the remaining provisions of this division (E)(4). Any actions that effectively increase the perimeter of an associated outdoor storage area shall constitute an expansion of the entire facility;
(b) The construction materials and design of the storage shed and/or structure shall be consistent with the surrounding area in which it is located;
(c) Any materials stored outdoors associated with the storage shed/structure shall be screened so as to block the visibility of such from any adjoining properties and the public right-of-way; and
(d) No materials shall be stored permanently or temporarily outside of the storage shed/structure except those associated items stored within the accessory outdoor screened storage area.
(5) Emergency response facilities shall adhere to the following restrictions as well as those listed above:
(a) All the facilities existing as of March 20, 2008, in the Central Business District may be continued as nonconforming uses, provided however, that if any proposed construction will result in the expansion of the footprint of the existing facilities, then a special use permit must be obtained and the permit shall require that the entire facility be brought into compliance with the remaining provisions of this division (E)(5);
(b) No parking for emergency vehicles shall be provided between the front facade of the building and the street right-of-way;
(c) No outdoor speaker system shall be utilized by such a facility;
(d) Any detention or holding areas provided shall be located internally and any associated outdoor exercise yards shall be located internally and not be visible from adjoining properties and the street right-of-way;
(e) Vehicles entering and exiting the premises of such a facility shall not use sirens and/or emergency lights unless responding to an emergency; and
(f) Lighting, including security lights, shall not produce direct glare or other light trespass onto adjoining properties.
(F) Public utility stations, radio and tv towers, water and sewer plants, water storage tanks, pump stations.
(1) Structures shall be enclosed by a woven wire fence at least eight feet high.
(2) The lot shall be suitably landscaped, including a buffer strip at least four feet in width and shall be composed of shrubs or trees which at maturity will not be less than six feet high along the side and rear property lines. This planting requirement may be modified by the Board of Adjustment where adequate buffering exists in the form of vegetation and/or terrain.
(3) Entrances and exits shall be designated so as to promote public safety.
(G) Kennels and animal hospitals/veterinarian clinics.
(1) The animal kennel or hospital, including all structures and fencing, shall be set back at least 50 feet from all external property lines of the facility.
(2) The kennel facility shall be enclosed within a security fence of at least six feet in height. The fence and facility may require a vegetation buffer along any part of the fenced areas where sufficient visual buffering does not exist. The Board of Adjustment shall determine the buffer requirements.
(a) Provisions for daily removal and/or disposal of all animal waste shall be incorporated within the operation and maintenance of the animal kennel or animal hospital.
(b) The design and operation of the facility shall be reviewed and approved by the State Department of Agriculture.
(H) Professional campus.
(1) Off-street parking shall provide one parking spot for every 200 square feet of gross floor area, including all buildings, plus one additional spot for each building on the lot.
(2) Each building within a professional campus shall share the same off-street parking area.
(4) Each building within the professional campus shall house a related allowable use.
(5) All buildings in the professional campus shall share access to off-street loading and unloading of vehicles.
(7) Any professional campus development wherein one or more acres are disturbed or 40% or more of the gross lot area is covered by impervious surfaces shall submit a NCDENR soil and erosion control permit.
(8) All proposed professional campus developments must adhere to the following provisions:
(a) Street yard. The number of required trees within a street yard is normally dependent on the number of lineal feet of available street yard for a given property. For a professional campus development, the length of the street yard shall be increased by 50% of the actual available length of street yard prior to the calculation used to determine the number of required trees;
(b) Vehicular parking area. For professional campus developments, vehicular parking areas shall be provided with at least one large maturing tree for every 1,500 square feet of parking area, or fraction thereof, including drives. The trees shall be positioned so that no tree trunk is more than 100 feet from a designated vehicular parking space; and
(c) Additional requirements. All requirements of § 154.105 below, not inconsistent with the requirements of this division (H) shall apply to professional campus developments as well.
(I) Duplex, multi-family (one building) and mobile home (single lot).
(2) The Board of Adjustment may require a buffer strip, as defined by this chapter, if the Board determines that the buffer would be in the best interest of the public welfare of the neighborhood.
(J) Travel trailer parks (campground).
(1) The Board of Adjustment may require buffering consisting of evergreen trees or shrubs located along the side and rear lot lines, but along any street shall be setback beyond the street right-of-way. The 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.
(2) Plans and accompanying documentation to ensure that the water and sewer systems proposed for the travel trailer park have been approved by the appropriate local and state agencies.
(3) The density shall not exceed 25 trailer spaces per acre of gross site area.
(4) Trailers shall be separated from each other and from other structures by at least ten feet.
(K) Wireless telecommunications towers.
(1) Purpose. The purpose of this section is to enhance the ability of the providers of telecommunications services to provide the services to the community quickly, effectively and efficiently; protect residential areas and land uses from potential adverse impacts of towers and antennas; require the location of towers in non-residential and less developed areas; require joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; consider the public's health and safety in regard to communication towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2) Application submission and review process for towers 50 feet in height and over; special use permit.
(a) Towers 50 feet high or taller require issuance of a special use permit by the Zoning Board of Adjustment after review and recommendation of the permit application by the Zoning Administrator.
(b) A completed tower conditional use permit application on a form supplied by the Zoning Administrator and seven copies of all supporting documentation identified in division (K)(4) below shall be submitted to the Zoning Administrator for review at least 15 working days prior to a scheduled Zoning Board of Adjustment meeting, provided, however, that the application shall not be forwarded to the Zoning Board of Adjustment for consideration until the Zoning Administrator has made his or her recommendation as described in division (K)(2)(e) below.
(c) The Zoning Administrator shall review the completed application for compliance with division (K)(4) below. Any application not containing all information required by division (K)(4) below shall be returned to the applicant for correction and re-submission. If the Zoning Administrator deems it necessary, he or she may retain, at the permit applicant's expense, one or more professional engineers to assist in the reviewing of any technical requirements and the application shall not be considered complete until the applicant has paid the expenses. The Zoning Administrator may refer to the FCC any information provided by the applicant that might indicate noncompliance with the FCC's standards.
(d) The Zoning Administrator shall be responsible for submitting a notice to the local newspapers and to all known property owners abutting the property where the proposed tower is to be located. The notice shall state that the Zoning Board of Adjustment will review and consider the tower conditional use permit application at their next meeting.
(e) The Zoning Administrator shall recommend to the Zoning Board of Adjustment either approval, approval with conditions or disapproval of the tower permit application within 90 days of receiving the permit.
(f) The Zoning Board of Adjustment shall consider the tower Special Use permit application at their next regularly scheduled meeting after receiving the Zoning Administrator's recommendation.
(g) The Zoning Board of Adjustment shall take formal action to approve, approve with conditions, or disapprove the tower special use permit application within 30 days of the meeting. If the action is to disapprove the tower permit application, the reasons shall be noted in writing and supported by substantial evidence contained in a written record.
(3) Application submission and review process for towers under 50 feet in height.
(a) Towers less than 50 feet high require a permit issued by the Zoning Administrator.
(b) A completed tower permit application on a form supplied by the Zoning Administrator and three copies of all supporting documentation identified in division (K)(4) below shall be submitted to the Zoning Administrator for review.
(c) The Zoning Administrator shall review the completed tower permit application for compliance with division (K)(4) below. Any application not containing all information required by division (K)(4) below shall be returned to the applicant for correction and re-submission. If the Zoning Administrator deems it necessary, he or she may retain, at the permit applicant's expense, one or more professional engineers to assist in the reviewing of any technical requirements. The Zoning Administrator may refer to the FCC any information provided by the applicant that might indicate non-compliance with the FCC's standards.
(d) The Zoning Administrator shall approve the application if the Zoning Administrator finds that the application meets the approval criteria of division (K)(5)(a) below. The Zoning Administrator shall take formal action to approve, approve with conditions, or disapprove the tower permit application within 30 days. If the action is to disapprove the tower permit application, the reasons for the action shall be stated in writing and supported by substantial evidence contained in a written record. Appeals of the decision of the Zoning Administrator must be made to the Zoning Board of Adjustment within 30 days of the action.
(4) Application requirements.
(a) Certification. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a professionally licensed engineer.
(b) Information required. In addition to the application the following supporting documentation shall be required:
1. A preliminary major site plan which clearly indicates the location, type and height of the proposed tower; on-site land uses and zoning; adjacent land uses and zoning; adjacent roadways; proposed means of access; setbacks from property lines; elevation drawings of the proposed tower and any other structures; and any other information that has been specifically required by the Zoning Administrator prior to the application to ensure compliance with this section. Guidance can be provided by the Zoning Administrator to aid with completion of the application form and its requirements;
2. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties;
3. Each applicant for an antenna and/or tower shall survey alternative sites, including co-location sites, and provide the resulting information to the town. Any alternative sites within one-quarter mile of the proposed site that are identified by the town or by community members and provided to the applicant in writing within ten days after the application has been filed with the town shall be evaluated by the applicant;
4. The separation distance from other towers pursuant to the preceding table shall be shown on a site plan or map;
5. Method of fencing and finished color and, if applicable, the method of camouflage and illumination;
6. A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users;
7. A statement of compliance with the FCC Radio Frequency (RF) exposure standards; and
8. A statement by the applicant demonstrating an estimate of the cost of removal of the tower once it has been erected.
(5) Approval criteria.
(a) General guidelines and requirements.
1. Prohibited locations. Communication towers are prohibited within the property of a national historic site or a property listed on the National Register of Historic Places or a property listed on the State Study List as eligible to be listed on the National Register of Historic Places.
2. Lot size. In the event that a tower or antenna is installed and/or leased on a portion of a lot, the lot in its entirety will determine any and all district development regulations that the structure may be subjected to; including but not limited to: setback, lot-coverage and other requirements.
3. Tower height. Towers shall not exceed 150 feet in height. However, applicants must supply engineering data to justify that any footage over 120 feet is necessary to accomplish the provision of wireless service throughout the town.
4. Fall zone. No tower or antenna shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. The minimum distance away from all habitable structures or property lines shall be one and one-half feet to each vertical foot of the tower unless a Professional Engineer certifies that the tower and appurtenances will have a fall zone which is entirely within the lot where the tower is sited. In a report, the professional engineer shall describe the tower structure, specify the number and type of antennas it is designed to accommodate, provide the basis for the calculations done in determining the fall zone, and document the actual calculations performed.
5. Co-location potential. Any telecommunications tower 50 feet high or taller shall be engineered and constructed to accommodate three additional antennas that are at least as large as the largest proposed antenna at the time of application.
6. Separation distance between towers. Towers shall be separated a distance, as measured from the base of any preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the preexisting tower and the base location, pursuant to a site plan, of the proposed tower.
Monopole 50 feet in height or greater | Monopole less than 50 feet in height | |
Monopole 50 feet in height or greater | 720 feet | 435 feet |
Monopole less than 50 feet in height | 435 feet | 300 feet |
7. Aesthetics.
a. Monopole. Towers shall be of a monopole style only.
b. Camouflage. The Zoning Board of Adjustment may, at its option require as a condition of a special use permit, that a tower be camouflaged, as for example, made to look like a tree. If the Zoning Board of Adjustment does not choose to require an alternative tower structure or other camouflage, any tower shall either maintain a galvanized steel finish or be painted a neutral color so as to reduce visual obtrusiveness.
c. Pleasant visual. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure. This is in order to make the antenna, and related equipment, as visually unobtrusive as possible.
d. Design. Transmission lines shall be placed inside the monopole and the pole shall be designed to accommodate placement and installation of the lines of future co-locators.
e. Lights. No tower or antenna shall have affixed or attached to it in any way any lights, reflectors, flashers, day-time strobes or steady night time light or other illumination devices. This restriction against lights shall not apply to towers which have been combined with light standards for illumination of ball fields, parking lots, playgrounds or other similar public uses.
f. Signs. Signs on a tower, or on any portion of the premises leased for wireless communication use, shall be limited to those needed to identify the property and the owner and to warn of any danger. Signs which advertise for commercial purposes are prohibited.
g. Landscaping. Landscaping shall be required to minimize the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. Plant materials forming the visual buffer may exist on the subject property or be installed as part of the proposed facility, but existing mature plant growth and natural land forms on the site shall be preserved to the maximum extent possible. The Zoning Administrator may waive these requirements in locations where the view of the tower base is obstructed by existing buildings or natural topography and cannot be viewed from adjacent property or a public street.
8. State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other state or federal government agency with the authority to regulate towers and antennas. If the standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring the towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with the revised standards and regulations may constitute grounds for the removal of the tower or antenna at the owner's expense, to the extent consistent with applicable law.
9. Repeater. At any time, the town and the county shall each have the right to install, at their own expense, one communications repeater on the tower and to use the repeater with no cost for the use being due to the applicant, the tower owner or the operator, provided, however, that the repeater shall not interfere with the use of the tower by the applicant or co-locators thereon.
10. Building codes; safety standards. To ensure the structural integrity of towers and antennas, the owners of the facilities shall ensure that they are maintained in compliance applicable with standards contained in the State Building Code.
11. Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and no more than eight feet in height and shall be equipped in such a manner as to deter climbing.
12. Accessory equipment storage. The equipment cabinets and other structures used in association with towers or antennas shall comply with the following provisions:
a. Equipment cabinets and/or other structures shall comply with all applicable building codes;
b. Accessory buildings shall satisfy the minimum zoning district setback requirements; and
c. Equipment cabinets and/or structures shall be no greater than 14 feet in height or 300 square feet in gross floor area. The entry or access side of a cabinet and/or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet and/or structure. The access way shall not face residentially zoned property.
13. Co-location.
a. Applicants and permittees shall make a good faith effort to share wireless communication structures, facilities and sites where feasible and appropriate. Good faith effort shall include, when a determination that the feasibility of the placement would require technical data, then the applicants and permittees must share the data, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing the information normally will not be considered as an exception to the duty of good faith.
b. Towers shall be engineered and constructed to accommodate three additional antennas. The applicant shall demonstrate that the tower is designed to support the load of four antenna.
c. Towers between 50 feet and 135 feet shall be constructed so that they can be extended up to 150 feet at a later time if another applicant seeks to co-locate on the tower. The cost of the extension shall be borne by the co-locator.
d. The applicant shall allow co-locators to share use of the applicant's generator for the tower. The applicant will work with the town to determine suitable times to run the generator in non-emergency situations.
e. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Zoning Administrator may require the applicant to obtain a third-party technical study at the applicant's expense. The Zoning Administrator may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised.
f. No co-location may be required where the shared use would or does result in significant interference with the broadcast or reception capabilities of the existing wireless communication facilities or the failure of the facilities to meet federal standards for emissions.
g. Failure to comply with co-location requirements may result in denial of a permit request or revocation of an existing permit.
(b) Factors considered in granting special use permits for towers 50 feet high or taller. In determining whether to issue a special use permit, the Board of Adjustment shall consider, any other standards in this chapter governing conditional use permits, including, but not limited to, the standards set forth in § 154.082(C) above of this chapter, and the following factors:
1. Height of the proposed tower;
2. Proximity of the tower to residential structures and residentially zoned areas;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and vegetation;
6. Design of the tower, with particular reference to design characteristics that reduce or eliminate visual obtrusiveness. Specifically, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings located adjacent to the tower or antenna site. The Zoning Board of Adjustment may, at its option require as a condition of a special use permit, that the tower be camouflaged;
7. Proposed ingress and egress;
8. Availability of suitable existing towers, other structures, or alternative technology. No new tower 50 feet high or taller shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Adjustment that no existing tower, structure or alternative technology, that does not require the use of towers or structures, can adequately serve the carrier's purposes, even if it does so by other means than accommodating the proposed tower or antenna. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed tower or antenna may consist of the following without limitation:
a. No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements;
b. Existing towers or structures are not of sufficient height and cannot be extended to sufficient height to meet the applicant's engineering requirements;
c. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna;
d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;
e. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs required by the owners of existing towers or structures that exceed new tower development are presumed to be unreasonable;
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and
g. The applicant demonstrates that alternative technologies that do not require the use of towers or structures are unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(6) Authority to remove; required bond. A performance bond naming the town as the obligee shall be set for 1.25 times the estimated cost of removal of all towers, antennas, and accessory equipment structures that are approved. The performance bond shall be filed prior to issuance of a zoning permit. This amount will be determined by a removal company and certified by a Licensed Engineer, and provided to the Zoning Administrator at the time of application. The costs of the Licensed Engineer's certification of the removal amount and the selection of the Engineer will be borne by the applicant. For every year following approval, the bond shall increase by an inflation factor based upon the Consumer Price Index (CPI) Index. The applicant / permittee shall furnish a copy of the bond to the Zoning Administrator each year, and failure to do so shall result in denial of a permit request or revocation of an existing permit.
(7) Removal of abandoned antennas and towers.
(a) Any antenna or tower that is not operated for a continuous period of 180 days shall be considered abandoned, and the owner of the facility shall physically remove the antenna or tower at its own cost within 90 days of receipt of notice from the Zoning Administrator notifying the owner of the abandonment.
(b) If there are two or more users of a single tower or antenna, then this provision shall not become effective until all users cease using the tower or antenna for the prescribed period.
(c) PHYSICALLY REMOVE shall include, but not be limited to:
1. Removal of antennas, mount, equipment shelters and security barriers from the subject property;
2. Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations; and
3. Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain in the after condition.
(L) Large scale commercial developments.
(1) The proposed use will complement the existing commercial uses in the town and will add to the economic diversity and vitality of the town.
(2) The Location Quotient (LQ) for the industry within which the proposed use falls under (according to the North American Industrial Classification Standard), including the projected number of persons employed by the proposed project, is less than one. If the computed Location Quotient (LQ) is greater than one, the proposed project may be, but necessarily, denied. Reasons for approving a project whose computed LQ is greater than one may include a significant amount of proposed job creation, a proposed use that may be considered over-represented countywide, but not so within the vicinity of the town, the proposed use will support other existing industries, the proposed project is an infill project or a brownfields redevelopment project, or the proposed project significantly conforms with any existing and adopted land use plan for the town. A LQ can be computed using the following formula:
LQ = (ei + et) + (E, + Et); where:
e,= local employment in industry i;
et = total local employment;
E, = national employment in industry i; and
Et = total national employment.
(3) The proposed use may only be viably sustained with a structure larger than that which is allowed under § 154.068(B) above.
(4) LID stormwater management facilities shall be incorporated into the proposed parking, internal circulation system, and property as a whole to such an extent as to slow, treat, and cool the runoff from the entire proposed parking and internal circulation areas generated by the first half inch of rain of a rainstorm.
(5) All required and otherwise proposed pedestrian paths shall be provided with other pedestrian amenities, such as benches, special landscaping areas, trash cans, decorative light posts, decorative bollards, walls, sculptures or other pieces of artwork, or other approved amenities. The amenities shall be provided in such quantity and spacing as approved by the Zoning Board of Adjustment.
(6) The architectural design and site design of the proposed commercial structure are such that the larger commercial structure will compliment and fit into the context of the community within the town.
(a) This is accomplished by incorporating a combination of the following:
1. Use of high quality exterior finishes such as stone, heavy timber, brick or some other approved material;
2. Include varied architectural elements such as arcades, archways, recesses, projections, entrance ways or some other approved elements;
3. Use of carefully designed landscaping and screening to effectively visually break down the mass of the building;
4. Use of neutral/earth toned colors on the exterior facade;
5. Careful site design and layout; and
6. Other approved architectural, design or engineering methods.
(b) The following examples show practices and building elements that may not be exactly suited for all large scale commercial developments; however, the examples do exemplify principles that can be applied to all developments.
Example 1:
![](https://export.amlegal.com/media/c99d32c396008719f9352db0adf51b5c2054f73e/IMAGES/0-0-0-1273.jpg)
(c) The above example shows a number of desirable architectural details that should be considered in commercial building design. The use of heavy timber and stone on the outer facade along with neutral colors helps this building conform to the context of a mountain town. The exterior materials also enable the building to settle into the scenery rather than stand out as a severe contrast. The roof is varied in height and is broken down into multiple sections reducing the appearance of the mass of the building. This aids in the aesthetics of the building as well as the feel of the building from the perspective of a pedestrian. This helps maintain a sense of quaintness and offers a scale of building that a human can identify with. The covered entranceway offers a nice transition to the building for patrons and pedestrians and helps reduce the scale and mass of the front facade, again aiding the building in maintaining a human and personable scale.
Example 2:
![](https://export.amlegal.com/media/c99d32c396008719f9352db0adf51b5c2054f73e/IMAGES/0-0-0-1276.jpg)
(d) In this example the roof line is broken into multiple smaller sections helping to reduce the scale of the building and offer visual interest. The sectioned brick columns also lend the building to a pedestrian scale.
Example 3:
![](https://export.amlegal.com/media/c99d32c396008719f9352db0adf51b5c2054f73e/IMAGES/0-0-0-1279.jpg)
(e) The above building is a better example of desired site layout than of actual architectural detailing. The building is set back from the road, which, in this case, helps maintain the view of the surrounding mountains. Setting a building back from the road may not always be appropriate, but specific site characteristics should be taken into account when designing a project.
Example 4:
![](https://export.amlegal.com/media/c99d32c396008719f9352db0adf51b5c2054f73e/IMAGES/0-0-0-1282.jpg)
(f) The previous examples were of newer buildings, while this example and the ones following are of older buildings in town. This example depicts how subtle architectural details can add character and interest to a building. The change in brick work around the window helps offer visual interest to the facade.
Example 5:
![](https://export.amlegal.com/media/c99d32c396008719f9352db0adf51b5c2054f73e/IMAGES/0-0-0-1285.jpg)
(g) This example shows how a roof line can be varied when brick is used as the main construction material and the roof is flat. Flat roofs should be provided with a parapet wall and the parapet wall should be varied in order to offer visual interest.
Example 6:
![](https://export.amlegal.com/media/c99d32c396008719f9352db0adf51b5c2054f73e/IMAGES/0-0-0-1288.jpg)
(h) The above example actually shows multiple buildings that are connected to each other. However, due to the fact that they are in fact connected to one another, they represent one singular large building very well. In this example the roof line is varied (although all of the roofs are flat) and the facade is broken up by awnings. Breaking down the expanse of the front facade makes the building more inviting. The awnings also offer a degree of protection from the weather to pedestrians.
(7) A Traffic Impact Analysis (TIA) shall be completed in accordance with the Federal Highway Administration's (FHW) Manual on Uniform Traffic Control Devices (MUTCD) and all standard guidelines set forth by the State Department of Transportation (NCDOT). Proposed projects that, upon completion of a TIA, are projected to increase the Average Daily Trip (ADT) count on an adjacent road by 25% or more may be, but not necessarily, denied by the Zoning Board of Adjustment. All recommendations contained within the submitted TIA shall be implemented.
(8) In no case will a special use permit be issued for a retail development (for the purposes of this division (L)(8) retail development shall be construed to mean any development whose intended use in part or in whole is the sale of goods or commodities directly to consumers) whose proposed building footprint is larger than 15,000 square feet in the aggregate.
(9) (a) The property on which the proposed building is to be constructed is not within 1,000 feet of another parcel whereon a commercial structure exists or is proposed to exist whose building footprint is over 10,000 square feet in size.
(b) This division (L)(9) shall not apply to planned commercial development projects that meet the following criteria:
1. Subdivision of land is involved with the proposed project;
2. The proposed development is developed under single or common ownership;
3. The proposed project intends to create one or more buildings that each are to have a building footprint greater in size than 10,000 square feet or to create multiple structures that exceed 10,000 square feet in aggregate building footprint area;
4. The development proposed includes in the design/proposal all utilities, roads and other circulation systems, open spaces and buildings as one cohesive design; and
5. All of the buildings are proposed to share common entrances and exits and parking facilities.
(Ord., Art. X, § 1003, passed - -)