These conditions apply only to uses “permitted with conditions” or by “special use permit” in the applicable zoning district as shown in § 155.125, Table of Use Districts.
(A) Agricultural uses not on a bona fide farm. All agricultural buildings (private stables, cattle barns, and the like) shall be located at least 100 feet from any property line.
(B) Amusements, commercial, outdoor.
(1) Outdoor amusement facilities shall be separated by an opaque screen from any abutting property located in a residential district;
(2) No permanently established amusement facilities, such as miniature golf courses, skateboard courses, or mechanical rides shall be located within 200 feet of the closest point of any abutting property located in a residential district; and
(3) Hours of operation shall be no earlier than 8:00 a.m. and no later than 12:00 midnight.
(C) Artist studio.
(1) The number of employees shall be limited to no more than five total (including the applicant and any family members).
(2) New buildings and accessory structures shall maintain the traditional character and quality of detached single-family dwelling units by using design elements, such as single points of entry noticeable from the street, pitched roofs, visible trim or framing around windows, porches, and chimneys.
(3) Maximum square footage footprint for all buildings shall be limited to 3,500 square feet.
(4) All parking shall be located to the rear of the property.
(5) A 15-foot wide, well-landscaped buffer shall be planted along all sides of the building and parking areas, where adjacent to residential property. The required buffer shall consist of at least two rows of evergreen shrubs or trees, planted seven feet on center, with each row staggered such that no unobstructed openings of one foot or more shall exist within two years of planting. Planting shall occur prior to a certificate of occupancy or by the next planting season, upon submittal of a landscaping bond or letter of credit to guarantee the installation of required landscaping. Plants shall be at least four feet in height and at least three feet in width, measured two feet above grade at planting. In the event that any plants die or become diseased and have to be removed, a six-foot, solid wood fence may be required to be installed in the affected buffer area by the Zoning Enforcement Officer, after a finding that required landscaping is not being adequately maintained.
(6) Truck traffic to the business shall be limited to passenger vehicles (pickup trucks) and two-axle parcel delivery trucks (UPS, Federal Express, or similar parcel delivery services). No tandem or tractor trailer trucks shall be permitted.
(7) No outdoor lighting shall be installed other than normal residential dusk-to-dawn lighting. No lighting shall be directed onto adjacent property.
(8) Floodlights or other high-intensity lighting shall be prohibited.
(9) No outdoor storage of any kind shall be permitted. Outdoor storage includes materials, vehicles, equipment, parts, supplies of any type, or any other item located on the property not contained within the building shown on the site plan.
(10) Noise, air pollutant, vibration, dust, odor, direct or sky-reflected glare that emanates beyond the boundaries of the property upon which the use is located shall be prohibited.
(D) Adult establishment. The intent of these conditions is to prevent the concentration of adult establishments, and to separate adult establishments from residential neighborhoods, schools, religious institutions, child care centers, parks, playgrounds, and to reduce secondary impacts of these establishments on the surrounding neighborhoods. Adult establishments are permitted in the Highway Business and Industrial Districts, subject to the following conditions.
(1) The hours of operation for an adult establishment shall be limited to the hours of 10:00 a.m. to 1:00 a.m.
(2) No adult establishment shall be located within 1,000 feet of a residentially zoned or residentially used property, church, school, public park, or childcare center, as measured in a straight line from property line to property line (not street distance). Adult establishments located within a group development shall be a minimum 500 feet from any church or childcare center within that development, measured from outside wall to outside wall.
(3) No such business shall locate within 1,000 feet of any other adult establishment, as measured in a straight line from property line to property line (not street distance).
(4) No more than one adult establishment may be located within the same structure or on the same deeded lot.
(5) No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any adult establishment.
(6) An adult establishment shall not locate within a nonconforming structure or nonconforming property.
(7) The gross floor area of any adult establishment shall not exceed 5,000 square feet, and all business-related activity shall be conducted within the building.
(8) All performers or entertainment employees of adult establishments shall perform on an elevated stage or platform, elevated from the main floor by at least three feet.
(9) Treatment of windows, doors, and the like. All windows, doors, openings, and the like for all adult uses shall be so located, covered, screened or otherwise treated so that views into the interior of the establishment are not possible.
(10) Except for signs as may be permitted by the underlying zoning district, no printed material, slide, video, photograph, written text, live show, or other visual presentation format shall be visible from outside the walls of the establishment; nor shall any live or recorded voices, music or sounds be heard from outside the walls of the establishment.
(11) Enclosed or fenced parking shall be prohibited.
(12) An adult establishment lawfully operated as a conforming use is not rendered a nonconforming use by the subsequent change of a zoning district or residence, church, school, public park, or childcare center use with respect to the above spacing requirements.
(E) Auto sales, new and used.
(1) Motor vehicle sales, lease, and rental lots shall front on a major or minor arterial. Drive-in service windows and service processing, stacking and circulation lanes are prohibited in the established front setback of the principal building and within 75 feet of the right-of-way in a principal building’s side yard that abuts a major or minor thoroughfare. On-site stacking lanes for drive-in service windows shall be a minimum of 200 feet in length if accessed directly from a thoroughfare or minimum of 100 feet if accessed directly from a street of lesser capacity.
(2) All signs on the site shall conform to the standards of this chapter. Nonconforming signs, if present anywhere on the site, shall be removed prior to issuance of a change of use permit, issuance of grading permit, or commencement of new construction on the site.
(3) Vehicles for sale or lease may be displayed in the established front yard under the following conditions:
(a) All new display areas must be paved with a decorative paving material;
(b) No vehicle shall be displayed within 15 feet of the street right-of-way; and
(c) A strip averaging eight feet in width, but in no case less than five feet in width, located in the area of the lot between the street right-of-way and the vehicle display area shall be heavily landscaped with evergreen shrubs and flowering plants which are suitable for this climate and the growing conditions present on the site. A recommended plant list for shrubs is available from the County Planning Department. This strip shall be immediately adjacent to the vehicle display area. The number of plantings may be reduced if used in conjunction with and placed on the street side of an opaque, decorative wall at least two and one-half feet in height. This requirement is in addition to any other screening requirements established by this chapter.
(4) Outdoor storage of vehicles in process of repair and vehicles for sale or lease that are in the process of dealer preparation for buyer/lessee pickup are permitted as follows:
(a) Such storage areas are exempt from the interior landscaping requirements for parking lots. However, the perimeter landscaping requirements of parking lots shall apply to such storage areas; and
(b) Such storage areas may only be located behind the principal building and/or its accessory buildings, and shall not be placed within 100 feet of any property line that abuts a thoroughfare or local public street.
(5) Businesses are prohibited from using amplified speaker/public address systems except within fully enclosed building(s).
(6) Outdoor lighting shall meet all of the following requirements:
(a) The maximum height for lighting (pole mounted and wall mounted) shall be 20 feet, including the base/mounting fixture;
(b) Floodlights are not permitted for parking lot illumination;
(c) Lighting shall be directed downward and light spillover minimized with the use of hoods and similar devices; and
(d) Lighting fixtures that produce glare visible from adjacent property(s) and public rights-of-way are prohibited.
(F) Automobile paint and body shops.
(1) Outdoor storage of any materials, machinery (excluding vehicles in direct use by the business), scrap waste, junk, or the like shall be prohibited.
(2) Any and all activities related to or including painting of vehicles, vehicle parts, engines, or accessories shall be performed inside a building or structure designed to accommodate spray painting.
(3) All spray painting rooms or structures shall be approved, prior to construction, by the County Fire Marshal or the State Department of Air Quality (whichever applies).
(4) Vehicles which are described in divisions (F)(4)(a) through (c) below shall be stored, on the property, within a building or structure at all times and such vehicles shall not be visible to any person on adjoining or neighboring properties:
(a) Inoperable under their own power;
(b) Unregistered with the State Department of Motor Vehicles; or
(c) Unlicensed by the State Department of Motor Vehicles.
(5) Any and all vehicles to be serviced or worked on at the business shall be kept completely within a screened and fenced area, such screen being a minimum of six feet in height and designed to be visually impenetrable to any person on adjoining or neighboring properties.
(6) All chemicals and paints be stored and disposed of in accordance with all applicable environmental regulations and laws.
(G) Building contractors, general; heavy.
(1) All outdoor storage of non-passenger vehicles and building materials shall be kept at least 100 linear feet from any adjacent residential use and shall be located in a side or rear yard only. This setback requirement may be reduced to 50 feet if the outdoor storage area is enclosed by a solid fence of six minimum feet with approval from the Planning Director.
(2) No outdoor equipment or materials shall be visible to the public.
(3) Any materials within a fenced area shall not be stacked higher than the fence.
(H) Building supply stores. All open storage is surrounded by a fence at least six feet in height.
(I) Car wash, automatic.
(1) The outdoor service area of a car wash shall be placed and screened in accordance with the standards for on-site parking.
(2) Car washes, vacuums, and similar service devices shall be a minimum of 20 feet from the nearest portion of an adjacent residential zoning district or residential use.
(3) Car washes accessory to a principal use shall be located in the side or rear yard only.
(J) Car wash, industrial.
(1) The outdoor service area of a car wash shall be placed and screened in accordance with the standards for on-site parking.
(2) Car washes, vacuums, and similar service devices shall be a minimum of 20 feet from the nearest portion of an adjacent residential zoning district or residential use.
(3) Car washes accessory to a principal use shall be located in the rear yard only.
(K) Car wash, self-service.
(1) The outdoor service area of a car wash shall be placed and screened in accordance with the standards for on-site parking.
(2) Car washes, vacuums, and similar service devices shall be a minimum of 20 feet from the nearest portion of an adjacent residential zoning district or residential use.
(L) Churches and their customary related uses, including cemeteries.
(1) Tombstones, crypts, monuments, and mausoleums must be located at least 25 feet from any street right-of-way line or abutting property. Greater setbacks shall be observed if otherwise required by the zoning district in which it is located. Gravesites shall also be set back at least 20 feet from any side or rear lot lines in cemeteries (or cemetery expansions).
(2) Sales of crypts shall be allowed as an accessory use on premises (for cemeteries as a principal use only). No building in conjunction with such sales shall be located closer than 20 feet from any side lot line abutting a residential district and 40 feet from any such rear lot line.
(3) Notwithstanding any other provisions of this chapter, a minimum of three acres shall be needed for any cemetery being developed as a principal use.
(M) Day care facilities.
(1) Outdoor play and/or recreation areas shall be located behind the front building line in the rear yard or side yard only. If located in the side yard, a minimum side yard setback of ten feet shall be observed. On corner or through lots, a minimum 20-foot setback as measured from the abutting street right-of-way line shall be required.
(2) All outdoor play and recreation areas shall be surrounded by a fence or wall at least four feet in height.
(3) Outdoor activities are limited to the fenced area between 8:00 a.m. and 10:00 p.m.
(4) At least one off-street passenger loading/unloading space separate from required parking shall be provided for each 20 people enrolled. Adequate on-site turnaround area shall be provided for all loading/unloading and parking spaces.
(5) Uses designed to accommodate more than 30 children shall have a minimum lot size of one acre.
(6) Child care facilities shall comply with other conditions as required by the Board of Adjustment to ensure compatibility with surrounding properties.
(N) Greenhouses, commercial or nurseries. All structures are located at least 100 feet from any property line.
(O) Habilitation facility, A or B.
(1) Outdoor activity areas shall be located behind the front building line in the rear yard or side yard only. If located in the side yard, a minimum side yard setback of ten feet shall be observed. On corner or through lots, a minimum 20-foot setback as measured from the abutting street right-of-way line shall be required.
(2) All outdoor activity areas shall be surrounded by a fence or wall at least four feet in height.
(3) Outdoor activities shall be permitted only between the hours of 8:00 a.m. and 10:00 p.m.
(4) At least one off-street passenger loading/unloading space separate from required parking shall be provided for each 20 people enrolled.
(P) Kennel.
(1) All structures, buildings, or enclosed areas used for the operation shall be a minimum of 100 feet from all property lines.
(2) Sewage disposal system and sanitation control methods as approved by the County Health Department shall be required. This provision shall include but not be limited to the sanitary removal or disposal of all solid waste, carcasses, or any other items deemed necessary for removal or disposal because of unsafe or unsanitary conditions by the Health Department.
(3) Number of adult animals per minimum lot size shall be as follows:
(a) One to five animals: five acres;
(b) Six to ten animals; ten acres; and
(c) Eleven plus animals: 20 acres.
(4) Security fencing shall be provided outside the kennel facility.
(5) A Type B buffer shall be required around the kennel facility if fencing is not opaque.
(6) Animals are to be on a leash at all times when they are outside the kennel.
(7) No other commercial activity may take place on the property.
(Q) Mining and quarry operations.
(1) Buffer strips shall be provided as defined in § 155.001.
(2) All mining openings and quarries shall be enclosed by a substantial wire or masonry fence not less than five feet in height if determined necessary for safety; if a strand-type barbed-wire fence is provided, it shall have at least five strands of wire in conformance with the standards of the State Department of Labor.
(3) Normally, blasting operations shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m., except when mining safety standards as defined by the U.S. Bureau of Mines dictate otherwise.
(4) All blasting, drilling, and other sources of noise vibrations, flying debris, and dust shall be conducted in such a way as to cause the minimum nuisance or hazard to adjacent or neighboring properties at any time.
(5) No extractive use or process shall pollute or impede the normal flow of any stream or water course.
(6) No extractive use or process shall be conducted in such a way as to produce a flooding hazard to adjacent or neighboring properties at any time.
(R) Nursing care institutions and congregate care facilities.
(1) Any facility which is licensed to have more than 50 residents shall maintain a side setback of at least 20 feet and a rear setback of at least 40 feet when the side or rear yard is in or abuts a residential district. Driveway access to accessory structures shall be through the main entrance to the facility. Accessory structures shall be arranged to provide for adequate on-site vehicular and pedestrian traffic.
(2) Any portion of a building which contains living areas shall be set back a minimum of 15 feet from internal driveways and parking areas. This standard shall only apply to the living areas of buildings which contain a mixture of uses such as offices, storage, and living areas.
(3) Any building greater than 10,000 square feet or one story in height shall be a minimum of 50 feet from any adjoining property lines and include a Type A buffer. The setback shall be increased five feet for each additional 5,000 square feet over 10,000 square feet and increased ten feet for each story above one when the building is adjacent to a residentially zoned lot.
(4) Acceptable materials for additions and new construction include wood, brick, stone, stucco, vinyl, and similar materials designed to give the exterior a residential appearance. Under no circumstances shall metal siding, not intended to mimic traditional wood siding used on residential structures, or unfinished concrete block be permitted.
(S) Pet care (except veterinary) services.
(1) There shall be no outdoor runs.
(2) The setback from property lines shall be increased by 50 feet if located adjacent to a residentially zoned lot.
(T) Progressive care community.
(1) Accessory buildings shall only include accessory dwellings containing no more than four dwelling units, recreation centers, and similar facilities, dining halls, and maintenance buildings. All other buildings shall be principal buildings the use of which shall be for congregate or nursing care.
(2) Driveway access to accessory structures shall be through the main entrance to the community.
(3) Structures shall be arranged to provide for adequate on-site vehicular and pedestrian traffic.
(4) Paved walkways shall be provided between accessory dwellings, the principal building, and all common facilities such as dining halls and recreation centers.
(5) All lease/sale arrangements for accessory dwellings shall be under the direct control of the management company responsible for the progressive care community.
(6) Principal and accessory buildings shall be predominately designed and constructed with architectural features common to residential structures, including but not limited to the following features: roof pitch, façade material, and size, type, and placement of windows and doors. Acceptable materials for additions and new construction include wood, brick, stone, stucco, vinyl, and similar materials designed to give the exterior a residential appearance. Under no circumstances shall metal siding, not intended to mimic traditional wood siding, or unfinished concrete block be permitted.
(7) Any building greater than 10,000 square feet or one story in height shall be a minimum of 50 feet from any adjoining property lines and include a Type A buffer. The setback shall be increased five feet for each additional 5,000 square feet over 10,000 square feet and increased ten feet for each story above one when the building is adjacent to a residentially zoned lot.
(8) No site shall have a density greater than ten units per acre for accessory residential dwellings. For the purposes of calculating density all land lying underneath and within 20 feet of any congregate care or nursing care facility and all loading/unloading, garbage collection, and parking areas associated with congregate care or nursing care facilities shall be excluded from the total acreage.
(9) A minimum of five acres shall be required. All land used for the progressive care community shall be contiguous and shall not be divided or transected by public roads, private roads granting easement(s) to tracts of land not included within the community, or natural features which would visually and functionally divide the development, including but not limited to preventing the free flow of pedestrian and vehicular traffic.
(10) All structures are limited in occupancy to persons aged 62 years or older, the physically handicapped, and their spouses except for rooms or units occupied by resident staff personnel performing duties directly related to the operation of the facility.
(U) Services B, business. All storage, repair, and maintenance of equipment shall occur inside an enclosed building or shall be restricted to the rear yard and screened entirely from the view of adjacent lots and public streets.
(V) Temporary, seasonal uses and structures. The establishment of temporary sales lots for farmers markets, Christmas trees, and other seasonal agricultural products, plus related goods, is permitted for up to a maximum of three months upon the issuance of a temporary use permit by the Zoning Administrator. The following conditions shall apply.
(1) The storage of goods in or sale of goods from trailer(s) on the site shall be prohibited.
(2) The use may only be located on a vacant lot or on a lot occupied by a nonresidential use.
(3) Off-street parking may be provided behind or to the side of the established use, but not forward of the required front setback.
(4) On-site parking may be provided on a dust-free, pervious surface area and need not comply with additional paving requirements.
(W) Theaters, drive-in.
(1) No part of any theater screen, projection booth, or other building shall be located closer than 500 feet to any property line or public right-of-way.
(2) No parking space shall be located closer than 100 feet to any residential district.
(3) The theater screen shall not face a major street.
(4) Parking space off of the street shall be provided for patrons awaiting admission in an amount of not less than 10% of the vehicular capacity of the theater.
(X) Trucking operations, private. All operations shall be conducted within an enclosed structure with no open storage of supplies or service equipment permitted.
(Y) Temporary sawmills.
(1) This shall not be in operation for more than one year.
(2) All sawmill structures shall be leveled and the premises cleared up within six months after discontinuance.
(Z) Wrecking yards or junk yards and similar types of used materials industries. Operations shall be conducted within a structure or on a lot enclosed by a solid fence at least six feet in height, and the uses will have limited injurious effect on the public interest or welfare.
(AA) Planned industrial development.
(1) A planned development shall require the submittal of a site plan as well as a preliminary subdivision plat in accordance with the Subdivision Regulations. A final subdivision plat shall be approved and recorded for any phase of the development prior to the issuance of any zoning or building permits to construct any principal buildings within the development. Final subdivision plats shall meet the requirements of the subdivision regulations. Any redivision of approved and platted lots within the planned development is subject to plat review and approval.
(2) Building setbacks may be reduced within the planned development to allow for zero lot line buildings. All required minimum setbacks shall be maintained from a defined outer boundary of the planned development as shown on the site plan and subdivision plan.
(3) Individual outparcels and lease lots for freestanding individual principal uses shall maintain the building setbacks within the planned development of the zoning district where the planned development is located.
(4) Front, side, and rear yards shall be established by the site plan and shown on all subdivision plats for each lot within the development.
(5) Shared parking shall be permitted within the development. Appropriate legal documents (e.g., covenants, conditions, and restrictions, and the like) establishing the shared use and access for parking, loading, and driveways shall be submitted with the final subdivision plat.
(6) Planned developments shall be subject to review by the Project Review Committee at the discretion of the Planning Director.
(7) All utility, road, and site infrastructure plans shall be reviewed by the appropriate staff to determine consistency with adopted policies and future plans of the county. Site improvements are the responsibility of the developer unless the county finds it is in its best interest to provide any portion of necessary improvements.
(8) A planned development shall consist of a minimum of five acres of contiguous land area not separated by existing public streets or public bodies of water.
(9) All other applicable zoning requirements shall apply within the development.
(BB) Solar energy generating facility (SGF).
(1) Site and operation standards.
(a) Solar energy generation structure shall not exceed a height of 15 feet.
(b) All equipment producing noise or sound, including inverters, shall be set back 250 feet from any property line adjacent to any residentially zoned district.
(c) All storage must be located indoors. No outdoor storage shall be allowed.
(d) The facility shall be enclosed with a security fence with a minimum height of eight feet. Fencing may include wildlife permeable fencing eight feet in height without barbed wire using the design standards approved by the N.C. chapter of the Nature Conservancy.
(e) Buffer required. The buffer shall be installed around the perimeter of the facility and be at minimum 35' in width. The buffer shall be located adjacent to the property line and between the property line and the fence. The buffer shall consist of three rows of evergreen plants no less than six feet at planting, in staggered rows. One row shall be of a variety that reaches at least 25' in height; one row of a variety that reaches 15 feet in height; and one row of evergreen shrubs that will reach a height of at least six feet. At least three varieties or types of plants shall be used. The buffer shall reach 80% opacity within four growing seasons.
(f) Required vegetative buffers shall be permanently maintained, and dead or diseased plants shall be replaced for the life of the facility. A landscaping plan for routine and permanent maintenance shall be submitted and approved as part of the application process. The plan shall include types of plants proposed. All vegetation shall be suitable for local soils and climate. The plan shall be filed in the Planning office. Failure to maintain the buffer as required shall result in zoning violations as provided in the Davie County Zoning Ordinance. The solar operator shall annually certify to the Planning Department that maintenance has been performed.
(g) Areas around the solar panels should be planted in native grasses or in pollinator friendly habitat or a combination thereof.
(h) Solar facilities may not have exterior lighting.
(i) The solar facility shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.
(j) Battery storage shall be allowed as an accessory use and shall be setback 300 feet from any property line to a lot featuring a residence.
(k) No facility shall be larger than 100 acres. As required in § 155.151, the minimum acreage is 25 acres.
(l) An emergency access plan shall be submitted to the Fire Marshal and emergency services for review and approval prior to issuance of a zoning permit. Emergency services may require the facility owner to provide annual safety materials, education and/or training in order to safely respond to on site emergencies.
(m) The facility operator may provide any special equipment that may be required to ensure the safety of fire and rescue personnel when responding to an emergency at the facility at no cost to the county.
(n) In case of emergencies, a sign stating the owner’s contact information including name, address, and phone number shall be located at the entrance of the facility. Typical warning signs at the entrance shall also be required.
(o) The owner or future owner of the property on which a solar energy generating facility is installed assumes all risk associated with diminished performance of said system caused by any present or future adjacent structure or landscaping that may interfere with the system’s ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.
(p) Facilities are exempt from parking requirements if there is not a building component.
(q) No more than 75% of a solar generating facility tract of property may be covered with panels.
(r) Facilities shall be maintained in good working condition and be free from debris and nuisances.
(s) A copy of applicable state and federal permits shall be submitted with the zoning permit application i.e. NCDOT, NCDENR, FAA.
(t) Any other conditions found necessary by staff or the Board of Commissioners to meet the standards of this section.
(u) Every two years the facility is subject to inspection by the county to ensure compliance with all provisions. The facility operator shall provide access to the facility and correct any deficiencies upon receipt of notice from the Planning Department within 45 days.
(v) The facility owner shall keep and maintain adequate liability insurance for the facility and supply proof of effective liability insurance to the county on an annual basis. The facility owner shall minimally obtain commercial general liability insurance of not less than $2,000,000 general aggregate limit (other than premises and products- completed operations), $2,000,000 premises and products completed operations aggregate limit, $1,000,000 personal and advertising injury limit, $1,000,000 each occurrence limit, and $100,000 fire damage limit. For facilities that include battery storage the fire damage limit shall be $500,000. All insurance companies must be licensed in North Carolina and be acceptable to Davie County. Insurance policies shall be endorsed (i) to show Davie County as additional insured, as their interests may appear; and (ii) to amend cancellation notice to 30 days, pursuant to North Carolina law. Certificates of insurance shall be signed by a licensed North Carolina agent and be amended to show “30 days’ notice of change or cancellation will be given to Davie County by certified mail.” Failure of the county to demand such certificates or other evidence of full compliance with these insurance requirements or failure of the county to identify a deficiency from evidence provided shall not be construed as a waiver of the facility owner’s obligation to maintain such insurance.
(2) Approval requirements. The following are required in order to be considered for recommendation by the Planning Board and approval by the Board of County Commissioners:
(a) A site plan, drawn and stamped by a North Carolina licensed surveyor or engineer, shall be submitted showing the following: the location and dimensions of all proposed areas for the placement of solar panels, screening/fencing and related improvements; any preexisting structures on the same lot; and principal structures on other properties that would affect the placement of solar panels; parking and access areas; location of any proposed solar access easements. Location where wiring is brought together for interconnection to system components and/or the local utility power grid and the location of the disconnect switch; any proposed new structures; and any other relevant elements as requested by staff.
(b) The county shall be provided copies of any lease agreement, solar access easement, and a copy of the decommissioning plan for removal of the system/equipment. All other applicable local and state approvals shall be submitted as part of the zoning permit. The property owner and/or permit holder shall submit any changes in the lease to the county within 45 days of the revision. All financial and personal information may be redacted.
(c) Approvals from the North Carolina Utilities Commission and the Certificate of Public Convenience and Necessity (CPCN) shall be provided to Planning Staff with the application for a zoning map amendment.
(d) Utility notification. No grid tied photovoltaic system shall be approved until evidence has been given to the Planning Department that the owner has been approved by the utility company to install the system.
(e) Material specifications and the model number from the panel manufacturer shall be provided in addition to horizontal and vertical (elevation) to scale drawings with dimensions of proposed solar collector panels, inverters and energy storage structures shall be provided with the application for a zoning map amendment.
(f) Solar panels used in the project must be shown to be manufactured in their as- installed form to be free from any perfluoroalkyl substances ("PFAS"). This includes, but is not limited to, certification that no polytetrafluoroethylene (PTFE) films were applied to panels after their manufacture. The county may request proof of this provision at its discretion before, during, and after the installation of the photo-voltaic panels.
(g) Documentation regarding the type and quantity of battery storage units and configurations, if onsite battery storage systems are to be used. Any battery storage technology that contains PFAS must be noted in the application. If the project intends on using PFAS containing battery storage technology, a containment plan and a separate decommissioning plan from the plan described below must be submitted for approval. If the battery decommissioning plan includes recycling as a method for disposition of the spent batteries, the name of the recycling facility permitted to accept PFAS-containing batteries must be provided. If the project does not intend to use PFAS-containing batteries, certification from the battery manufacturer must be provided stating that the batteries used do not contain PFAS.
(h) Prior to the meeting, members of the Planning Board and Board of Commissioners should visit the property requesting a solar facility.
(i) A visual impact analysis demonstrating the project shall be supplied, if deemed necessary by the county, in order to minimize the impact on the visual character of the county. The applicant shall provide accurate, to scale, photographic simulations showing the relationship of the facility and its associated amenities and development to its surroundings. The photographic simulations shall show such views of solar structures from locations such as property lines and roadways as deemed necessary by the county as part of the application for a zoning map amendment.
(j) A Phase 1 Environmental Site Assessment prepared by a duly licensed professional in the State of North Carolina is required as part of the application for a zoning map amendment.
(k) A copy of the erosion and sedimentation control plan prepared by a North Carolina licensed engineer and approved by the NC Department of Environmental Quality ("NCDEQ") shall be provided with the application.
(l) Other relevant studies, reports, certifications, information, documents and approvals as may be reasonably requested by the county to ensure compliance with this division (BB). Recognizing the unique environmental challenges of such facilities, studies that may be required under this division may include but are not limited to the following:
1. Field surveys for all state or federal listed species that are protected under state or federal law;
2. Geologic reports mapping and describing geological resources such as bedrock outcrops, groundwater recharge zones, seeps, springs and general characterization of groundwater resources;
3. Surface water resources including wetlands;
4. Site specific soil surveys to include information on prime farmland soils as classified by the USDA Natural Resources Conservation Service, hydric soils and hydric components of non-hydric soil series, soil erodibility, agricultural suitability and site index for growing timber;
5. Environmental constraints analysis;
6. Other studies of the project site, receiving waters, and adjacent or nearby natural and environmental resources as may be requested by a county agency.
(3) Decommissioning. A decommissioning plan shall be prepared by a North Carolina licensed third party professional engineer and shall include terms/provisions that state or include the following minimum requirements:
(a) A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) describing the plan shall be provided to Planning staff with the application for a zoning permit. The applicant shall provide evidence that the signed decommissioning plan was recorded with the Register of Deeds.
(b) The plan shall include an estimated cost of decommissioning, as described below.
(c) The land owner or tenant must notify the county when the site is abandoned.
(d) Solar farm owners shall have 12 months to complete decommissioning of the solar facility if no electricity is generated for a continuous period of 12 months. This period may be extended by the Board of Adjustment, if evidence is provided that the delay is due to circumstances beyond the facility owner/operator's reasonable control.
(e) Decommissioning shall include removal of solar collectors, cabling, electrical components, and any other associated facilities down to 36 inches below grade.
(f) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas are not to be restored.
(g) The owner of the facility is required to establish and maintain a financial assurance in favor of the county for the decommissioning of the facility in the form of certified funds, cash escrow, bond from a financial institution acceptable to the county, or irrevocable letter of credit in an amount at least equal to the greater of $100,000 per installed (nameplate) MW or 125% of the estimated cost of decommissioning the facility as prepared by a professional third-party engineer licensed in North Carolina with experience in preparing decommissioning estimates. This engineer shall be selected by Davie County, and the cost of creating the decommissioning analysis shall be reimbursed to the county by the facility owner. Such estimated cost shall equal the total projected cost of decommissioning plus at least a 10% allowance for estimated administrative costs related to a default of the facility owner and at least a 3% annual inflation factor. Said financial assurance shall ensure that sufficient funds are available for decommissioning the facility and reclamation of the property to its condition prior to commencement of activities on the site, even if the owner of the facility becomes insolvent or ceases to reside in, be incorporated in, do business, or maintain assets in North Carolina. Said financial assurance must be provided to the county prior to the issuance of any permits for the construction and installation of a facility. Should the facility owner elect to use a bond, it must renew automatically, and be from a company on the U.S. Department of Treasury's Listing of Certified Companies. Should the facility owner elect to use an irrevocable letter of credit, it must be for the entire estimated life of the facility and be issued by a federally chartered bank with a branch in Davie County in favor of Davie County. The institution issuing the guarantee shall provide to the county a notice no less than 90 days in advance of any renewal, cancellation, termination or expiration of the guarantee. The bond or other guarantee shall be held by Davie County or in escrow with a financial institution designated as an official depository of the county and shall remain in full force and effect until any necessary site restoration is completed to restore the site to a condition reasonably comparable to that which existed prior to the creation of the facility. In the event the facility owner fails to properly decommission the facility pursuant to the requirements of this division (BB), the proceeds from the bond or other guarantee shall be used by the county to decommission the facility.
(h) Three years after the facility is activated and every third year interval thereafter, or upon change of ownership of either the property or the facility, a review of the decommissioning plan and a cost analysis shall be updated by a North Carolina licensed engineer in accordance with the procedure provided in division (G) above and the amount of the financial assurance held by the county shall be adjusted to the greater of: (i) the inflation adjusted value of $100,000 per installed (nameplate) MW; or (ii) 125% of the updated cost of decommissioning. Any changes or updates to the decommissioning plan shall be recorded with the Davie County Registry of Deeds.
(i) Failure to comply with any requirement in this section may result in the termination and revocation of all prior approvals and permits; further, the county shall be entitled to make immediate demand upon, and/or retain any proceeds of, the surety, which shall be used for the decommissioning and/or removal of the facility, even if still operational.
(1996 Code, § 155.130) (Ord. passed 11-1-2010; Ord. passed 8-1-2011; Ord. passed 11-7-2011; Ord. passed 11-4-2013; Ord. passed 2- -2017; Ord. passed 12-21-2021; Ord. passed 7-11-2022) Penalty, see § 155.999