(A) Airports and related uses.
(1) Within the Industrial Zoning District, publicly owned airports shall be a permitted use and privately owned airports, whether for public or private use, shall require a special use permit.
(2) A development plan shall be submitted with the initial application for an airport or at any time that proposed development varies significantly from the existing development plan. The development plan shall follow the requirements set forth in § 153.066.
(3) The minimum setback for airport related structures shall be 15 feet from all perimeter property lines.
(B) Communications tower (microwave, tv, telephone, radio, and cellular).
(1) Exempt facilities. The following items are exempt from the provisions of this section; notwithstanding any other provisions of this chapter:
(a) Any tower less than 50 feet in height or communications towers existing or permitted prior to the adoption of this chapter;
(b) Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential zoning districts and two meters or less in all other zoning districts;
(c) A government-owned communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the county designee; except that such facility shall comply with all federal and state requirements. No communications facility shall be exempt from the provisions of this division (B)(1) beyond the duration of the state of emergency;
(d) A government-owned communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety;
(e) A temporary, commercial communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the county and approved by the county; except that such facility shall comply with all federal and state requirements. The communications facility may be exempt from the provisions of this division (B)(1) up to three months after the duration of the state of emergency; and/or
(f) A temporary, commercial communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the county, except that such facility shall comply with all federal and state requirements. The communications facility may be exempt from the provisions of this division (B)(1) up to one week after the duration of the special event.
(2) General provisions.
(a) Application of this section. This section shall apply to the development activities including installation, construction, or modification of all antenna and tower facilities including, but not limited to:
1. Non-commercial, amateur radio station antennas;
2. Existing towers;
3. Proposed towers;
4. Public towers;
5. Mitigation of towers;
6. Co-location on existing towers;
7. Attached wireless communications facilities;
8. Concealed wireless communications facilities;
9. Non-concealed towers; and/or
10. Broadcast facilities.
(b) Abandonment (discontinued use).
1. Towers, antennas, and the equipment compound shall be removed, at the owner’s expense, within 180 days of cessation of use, unless the abandonment is associated with mitigation as provided in divisions (B)(5)(e) and (B)(5)(f) below, in which case the removal shall occur within 90 days of cessation of use.
2. An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The county may extend the time for removal or reactivation up to 60 additional days upon a showing of good cause. If the tower or antenna is not removed within this time, the county may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the county may cause removal of the tower with costs being borne by the owner.
3. Upon removal of the tower, antenna, and equipment compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal, excluding the foundation, which does not have to be removed.
(c) Interference with public safety communications. In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each owner of an antenna, antenna array or applicant for a co-location shall agree in a written statement to the following:
1. Compliance with good engineering practices, as defined by the FCC in its rules and regulations;
2. Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI);
3. In the case of an application for co-located telecommunications facilities, the applicant, together with the owner of the subject site, shall use its best efforts to provide a composite analysis of all users of the site to determine that the applicant’s proposed facilities will not cause radio frequency interference with the county’s public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference; and/or
4. Whenever the county has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more antenna arrays, the following steps shall be taken.
a. The county shall provide notification to all wireless service providers operating in the county of possible interference with the public safety communications equipment, and upon such notifications, the owners shall use their best efforts to cooperate and coordinate with the county and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety Best Practices Guide, released by the FCC, including the good engineering practices, as may be amended or revised by the FCC from time to time.
b. If any equipment owner fails to cooperate with the county in complying with the owner’s obligations under this section or if the FCC makes a determination of radio frequency interference with the county public safety communications equipment, the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the county for all costs associated with ascertaining and resolving the interference, including, but not limited to, any engineering studies obtained by the county to determine the source of the interference. For the purposes of this division (B)(2)(c)4.b., failure to cooperate shall include failure to initiate any response or action as described in Best Practices Guide within 24 hours of county’s notification.
(3) Antennas, towers, and associated equipment.
(a) Building code requirements. Towers shall be constructed and maintained in conformance with all applicable building code requirements.
(b) Locating alternatives order.
1. Locating alternatives order of new antenna array and new towers.
a. Location of a new antenna array and new tower shall be in accordance with the following preferred locating alternatives order.
b. Location on publicly-owned property shall be preferred over location on non publicly-owned property for each locating alternative:
i. Concealed attached antenna;
ii. Co-located or combined antenna on existing tower;
iii. Non-concealed attached antenna;
iv. Mitigation of existing tower;
v. Concealed freestanding tower; and
vi. Non-concealed freestanding tower.
2. Locating alternatives order of attached, co-located, and combined antenna. For attached, co-located, or combined antenna, the order of ranking preference, highest to lowest, shall follow the same ranking as provided in divisions (B)(3)(b)1.a. through (B)(3)(b)1.d. above. Where a lower ranked alternative is proposed, the applicant shall file relevant information as required including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed communications facility.
3. Locating alternatives order of mitigation and freestanding towers. Where a mitigated or freestanding tower is permitted the order of ranking preference from highest to lowest shall follow the same ranking as provided in divisions (B)(3)(b)1.d. through (B)(3)(b)1.f. above. Where a lower ranked alternative is proposed, the applicant shall file relevant information as required and demonstrate higher ranked options are not technically feasible, practical, or justified given the location of the proposed communications facility, and the existing land uses of the subject and surrounding properties within 300 feet of the subject property.
(c) Facility use regulations and required permits. New antennas and towers shall be permitted in the county according to the table below.
Zoning District | Concealed Attached Antenna | Co-Located or Combining on Existing Tower | Non-concealed Attached Antenna* | Mitigation of Existing Tower | Concealed Freestanding Tower | Non-concealed Freestanding Tower | Antenna Element Replacement |
Zoning District | Concealed Attached Antenna | Co-Located or Combining on Existing Tower | Non-concealed Attached Antenna* | Mitigation of Existing Tower | Concealed Freestanding Tower | Non-concealed Freestanding Tower | Antenna Element Replacement |
COMM | Level II | Level II | Level II | Level II and III | Level II | Level III and IV | Level II |
CONS | Level II | Level II | Level II | Level II and III | Level II | Level III | Level II |
HCO/MCO | Level II | Level II | Level II | Level II and III | Level II | Level II | |
Height Control Ordinance | Level II | Level II | Level II | Level II and III | Level II | Level II | |
IND | Level II | Level II | Level II | Level II and III | Level II | Level III and IV | Level II |
LI | Level II | Level II | Level II | Level II and III | Level II | Level III and IV | Level II |
O&I | Level II | Level II | Level II | Level II and III | Level II | Level II | |
RA-20M | Level II | Level II | Level II | Level II and III | Level II | Level II | |
RA-20R | Level II | Level II | Level II | Level II and III | Level II | Level II | |
RA-30 | Level II | Level II | Level II | Level II and III | Level II | Level II | |
RA-40 | Level II | Level II | Level II | Level II and III | Level II | Level II | |
Note: Level I towers are permitted in all zoning districts. *Non-concealed attached antennas are only allowed on transmission towers and light stanchions. | |||||||
(4) Permit (Level I) amateur radio towers.
(a) Application requirements. All permit (Level I) applications shall contain the following:
1. Completion of the communications tower permit application;
2. Application fee;
3. Site plan; and
4. Valid FCC amateur operator’s license.
(b) Tower height. Tower height and location shall comply with federal and state law. Towers shall not exceed 199 feet unless FCC approval is demonstrated.
(c) Setbacks. A distance equal to the height of the tower shall separate new amateur radio towers from all structures not located on the same parcel as the tower, property lines, right-of-way lines and/or easements. Any relocation of amateur radio towers shall remain on same parcel and shall comply with stated setback requirements, or, if compliance is not possible, the relocation shall not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower.
(5) Permit (Level II) co-location, combination, attachment, antenna element replacement, replacement towers, and concealed towers.
(a) Application requirements. All permit (Level II) applications shall contain the following:
1. Completion of the communications tower permit application;
2. Application fee; and
3. Site plan.
(b) Co-location and combination. The county requires co-location and combining of antennas on existing communications towers as a first priority where co-location is possible. Any person, corporation, partnership, or other entity which intends to co-locate on an existing communications tower within the jurisdiction of this chapter shall obtain a permit (Level II). Co-locations are subject to the following:
1. A co-located or combined antenna or antenna array shall not exceed the maximum height prescribed in the special use permit (if applicable) or increase the height of an existing tower by more than 20 feet and shall not affect any tower lighting;
2. New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area;
3. The equipment cabinet shall be subject to the setback requirements of the underlying zoning district;
4. When a co-located or combined antenna is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail; and/or
5. Applications entitled to the streamlined processes described in G.S. Chapter 160D shall meet all the following requirements:
a. The additional antenna array, transmission lines, and related ancillary equipment including the base station do not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the tower upon which it is being attached;
b. The proposed co-location shall not increase the existing vertical height of the tower by the greater of:
i. More than 10%; or
ii. The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
c. The co-location shall not increase the ground space area approved in the communications tower site plan for equipment enclosures and ancillary facilities by more than 2,500 square feet;
d. The existing tower on which the co-location will attach shall comply with applicable regulations, restrictions, and/or conditions, if any, applied to the initial wireless facilities placed on the tower;
e. The proposed additional co-location and tower shall comply with all federal, state, and local safety requirements;
f. The proposed co-location and ancillary equipment shall not exceed the applicable weight limits for the tower; and/or
g. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, the proposed co-location shall not add an appurtenance to the body of a tower or wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of:
i. More than 20 feet; or
ii. More than the width of the wireless support structure at the level of the appurtenance.
(c) Concealed and non-concealed attachment. Antennas may be mounted onto a structure which is not primarily constructed for the purpose of holding attachment antennas but on which one or more antennas may be mounted. Any person, corporation, partnership, or other entity which intends to place an antenna on an alternative structure within the jurisdiction of this chapter shall obtain a permit (Level II). Attached antenna shall be subject to the following:
1. The top of the attached antenna shall not be more than 20 feet above the existing or proposed building or structure;
2. Non-concealed attachments shall only be allowed on electrical transmission towers and existing light stanchions subject to approval by the Planning Department and utility company;
3. When an attached antenna is to be located on a nonconforming building or structure, the existing permitted nonconforming setback shall prevail; and/or
4. Except for non-concealed attached antennas, feed lines and antennas shall be designed to architecturally match the facade, roof, wall, and/or structure on which they are affixed so that they blend with the existing structural design, color, and texture.
(d) Antenna element replacement. For any replacement of an existing antenna element on an antenna, the applicant shall, prior to making such modifications, submit the following:
1. A written statement setting forth the reasons for the modification;
2. A description of the proposed modifications to the antenna, including modifications to antenna element design, type, and number, as well as changes in the number and/or size of any feed lines, from the base of the equipment cabinet to such antenna elements;
3. A signed statement from a qualified person, together with their qualifications, shall be included representing the tower’s owner or owner’s agent that the radio frequency emissions comply with FCC standards for such emissions. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards; and
4. A stamped or sealed structural analysis of the existing structure prepared by a professional state land surveyor or engineer indicating that the existing tower as well as all existing and proposed appurtenances meet the North Carolina State Building Code requirements, including wind loading, for the tower.
(e) Minimum mitigation accomplishments. Mitigation shall accomplish a minimum of one of the following:
1. Reduce the number of towers;
2. Reduce the number of nonconforming towers; or
3. Replace an existing tower with a new tower to improve network functionality resulting in compliance with this chapter.
(f) Mitigation requirements. Mitigation is subject to the following:
1. No tower shall be mitigated more than one time;
2. Height: Level II and Level III:
a. Level II. The height of a tower approved for mitigation shall not exceed 115% of the height of the tallest tower that is being mitigated (e.g., a 250-foot existing tower could be rebuilt at 287.5 feet); or
b. Level III. The height of a tower may exceed 115% of the height of the tallest tower that is being mitigated approved for mitigation with undisputable evidence that the new tower will eliminate the need for an additional antenna array within a distance of two miles. Under no circumstance shall any mitigated tower exceed a height of 300 feet.
3. Setbacks. A new tower approved for mitigation of an existing tower shall not be required to meet new setback standards so long as the new tower and its equipment compound are no closer to any property lines or dwelling units as the tower and equipment compound being mitigated. The intent is to encourage the mitigation process, not penalize the tower owner for the change out of the old facility (e.g., if a new tower is replacing an old tower, the new tower is permitted to have the same setbacks as the tower being removed, even if the old tower had nonconforming setbacks);
4. Breakpoint technology. A newly mitigated monopole or lattice tower shall use breakpoint technology in the design of the replacement facility;
5. Buffers. At the time of mitigation, the tower equipment compound shall be brought into compliance with any applicable buffer requirements; and/or
6. Visibility. Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots.
(g) Concealed towers.
1. Application requirements. All new communications towers intended to replace an existing tower where the new tower meets the following requirements:
a. Completion of the communications tower permit application;
b. Application fee; and
c. Site plan.
2. Determination of need. No new or mitigated freestanding tower shall be permitted unless the applicant demonstrates that no existing tower can accommodate the applicant’s proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed tower.
3. Height. New concealed towers shall be limited to 199 feet or less in height. In HCO zones the maximum height shall be 125 feet. Height calculations shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas.
4. Setbacks. New freestanding towers and equipment compounds shall be subject to the setbacks described below for breakpoint technology:
a. If the tower has been constructed using breakpoint design technology (see § 153.023), the minimum setback distance shall be equal to 110% of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. Certification by a professional state land surveyor or engineer of the breakpoint design and the design’s fall radius shall be provided together with the other information required herein from an applicant (e.g., on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110% of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum side or rear yard setback requirements for that zoning district); and/or
b. If the tower is not constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed tower.
5. Equipment cabinets. Cabinets shall not be visible from pedestrian and right-of-way views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
6. Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts, and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening may be approved through the site plan approval process described herein.
7. Signage. Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following:
a. The only signage that is permitted upon a tower, equipment cabinets, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable;
b. If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches, the following: “HIGH VOLTAGE - DANGER”; and/or
c. Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
8. Lighting. Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
a. Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA; and/or
b. Lights shall be oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.
9. Equipment Compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
10. Visibility.
a. New towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.
b. New freestanding towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.
c. A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height of the tower. The applicant shall arrange to raise a colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 50 horizontal feet of the center of the proposed tower.
d. The applicant shall meet the following for the required balloon test:
i. Applicant shall inform the Planning Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance;
ii. The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven, but no more than 14, days in advance of the test date;
iii. The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather during the balloon test; and
iv. Re-advertisement will not be required if inclement weather occurs.
e. New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
f. In residential zoning districts, new towers shall only be permitted on lots whose principal use is not single-family residential, including schools, churches, synagogues, fire stations, parks, and other public property.
g. Towers shall be constructed to accommodate antenna arrays as follows:
i. All freestanding towers up to 120 feet in height shall be engineered and constructed to accommodate no less than four antenna arrays;
ii. All towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no less than five antenna arrays; and/or
iii. All towers between 151 feet and taller shall be engineered and constructed to accommodate no less than six antenna arrays.
h. Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
(6) Permit (Level III) new non-concealed towers.
(a) Application requirements. All permit (Level III) applications shall contain the following:
1. Completion of the communications tower permit application;
2. Application fee; and
3. Site plan.
(b) Determination of need. No new or mitigated freestanding tower shall be permitted unless the applicant demonstrates that no existing tower can accommodate the applicant’s proposed use; or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed tower.
(c) Height. Height calculations shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas. It is intended that all new non-broadcasting towers be 199 feet or less in height. However, should a tower be required in excess of 200 feet, under no circumstance shall any tower exceed 300 feet. All new towers in excess of 199 feet shall be subject to the following additional requirements:
1. Undisputable evidence that the antenna service area will be so substantially compromised that there would be a requirement of additional antenna array within a distance of two miles;
2. The tower shall be designed to allow for a future reduction of elevation to no more than 199 feet, or the replacement of the tower with a monopole type structure at such time as the wireless network had developed to the point that such heights can be justified; and/or
3. In HCO and MCO Zoning Districts, the maximum height shall be 125 feet.
(d) Setbacks. New freestanding towers and equipment compounds shall be subject to the setbacks described below for breakpoint technology.
1. If the tower is constructed using breakpoint design technology (see § 153.023), the minimum setback distance shall be equal to 110% of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. Certification by a registered professional state engineer of the breakpoint design and the design’s fall radius shall be provided together with the other information required herein from an applicant (e.g., on a 100-foot tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110% of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum side or rear yard setback requirements for that zoning district).
2. If the tower is not constructed using breakpoint design technology, the minimum setback distance shall be equal to the height of the proposed tower.
(e) Equipment cabinets. Cabinets shall not be visible from pedestrian and right-of-way views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
(f) Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts, and in any zoning district when the equipment compound adjoins a public right(s)-of-way.
(g) Signage. Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following:
1. The only signage that is permitted upon a tower, equipment cabinets, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable;
2. If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches, the following: “HIGH VOLTAGE - DANGER”; and/or
3. Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
(h) Lighting. Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following.
1. Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA.
2. Lights shall be oriented so as not to project directly onto surrounding property or rights-of-way consistent with FAA requirements.
(i) Equipment compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
(j) Visibility.
1. New towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.
2. New freestanding towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.
3. A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height of the tower. The applicant shall arrange to raise a colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 50 horizontal feet of the center of the proposed tower.
4. The applicant shall meet the following for the required balloon test:
a. Applicant shall inform the Planning Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance;
b. The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven, but no more than 14, days in advance of the test date;
c. The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather during the balloon test; and/or
d. Re-advertisement will not be required if inclement weather occurs.
5. New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
6. Towers shall be constructed to accommodate antenna arrays as follows:
a. All freestanding towers up to 120 feet in height shall be engineered and constructed to accommodate no less than four antenna arrays;
b. All towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no less than five antenna arrays; and/or
c. All towers between 151 feet and taller shall be engineered and constructed to accommodate no less than six antenna arrays.
7. Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
8. Freestanding non-concealed tower shall be limited to monopole type towers, unless the applicant demonstrates that such design is not feasible to accommodate the intended uses.
(7) Permit (Level IV) broadcast facilities.
(a) Application. All new broadcast towers shall meet the following requirements:
1. Completion of the communications tower permit application;
2. Application fee; and
3. Site plan.
(b) Determination of need. No new broadcast facilities shall be permitted unless the applicant demonstrates that no existing broadcast tower can accommodate the applicant’s proposed use.
(c) Height. Height for broadcast facilities shall be evaluated on a case by case basis. The determination of height contained in the applicant’s FCC Form 351/352 Construction Permit or application for construction permit and an FAA Determination of No Hazard (FAA Form 7460/2) shall be considered prima facie evidence of the tower height required for such broadcast facilities.
(d) Setbacks. New broadcast facilities and anchors shall be subject to the setbacks described below:
1. Minimum of 500 feet from any single-family dwelling unit on same lot; and/or
2. Minimum of one foot for every one foot of tower height from all adjacent lots of record.
(e) Equipment cabinets. Except for AM broadcast facilities, cabinets shall not be visible from pedestrian and right-of-way views.
(f) Fencing. All broadcast facility towers, AM antenna(s) towers, and guy anchors shall each be surrounded with an anti-climbing fence compliant with applicable FCC regulations.
(g) Buffer. AM broadcast facilities shall be exempt from the buffer requirements of this chapter.
(h) Signage. Commercial messages shall not be displayed on any tower. Required noncommercial signage shall be subject to the following.
1. The only signage that is permitted upon a tower, equipment cabinet, or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.
2. If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches, the following: “HIGH VOLTAGE - DANGER”.
3. Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
(i) Lighting. Lighting on towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
1. Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA;
2. Lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements; and/or
3. Any security lighting for on-ground facilities and equipment shall be in compliance with dark sky lighting standards as approved by the county.
(j) Equipment compound. The fenced in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
(k) Visibility. Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
(8) Application requirements.
(a) Requirements for co-location and attachment.
1. A signed statement from the tower owner or owner’s agent agreeing to allow the co-location of other wireless equipment on the proposed tower, if the structure is designed or capable of additional wireless equipment.
2. Compliance with American National Standards Institute (ANSI) standards for electromagnetic radiation: in order to protect the public from excessive exposure to electromagnetic radiation, the facility applicant shall certify through a written statement that the facility meets or exceeds current ANSI standards as adopted by the FCC.
3. Certification furnished by a registered professional state engineer that the structure has sufficient structural integrity to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure.
4. One original and two copies of a survey of the property completed by a professional state engineer showing all existing uses, structures, and improvements.
5. Any applicant for facilities under this section shall certify that such proposed facility shall comply with all applicable federal regulations regarding interference protection, including, but not limited to, federal regulations regarding adjacent channel receiver (blanket) overload and intermodulation distortion.
6. Streamlined process for co-location approvals are subject to the following.
a. A co-location application entitled to streamlined processing shall be reviewed by the county within 45 days of submission or within some other mutually agreed upon time frame. Approval or denial of the application shall be in writing and shall be postmarked to the applicant by the forty-fifth day from the date of receipt. Denials shall identify the deficiencies in the application which, if cured, would take the application complete.
b. Upon resubmitting of the revised site plan and paperwork the county shall follow the process identified in this section until all deficiencies identified are deemed cured.
c. If the county does not respond in writing to the applicant within the specified time frame detailed above, then the application shall be deemed approved.
d. Application entitled to the streamlined review process shall not be subject to design or placement requirement, or evidentiary hearing review.
(b) Requirements for mitigation and new Level II and III towers.
1. A report and supporting technical data shall be submitted, demonstrating the following:
a. All antenna attachments and co-locations, including all potentially useable cross country utility distribution towers and other elevated structures within the proposed service area and alternative antenna configurations have been examined, and found unacceptable;
b. Reasoning as to why existing facilities such as cross country utility distribution and other elevated structures are not acceptable alternatives to a new freestanding tower; and/or
c. Reasoning as to why the adequacy of alternative existing facilities or the mitigation of existing facilities are not acceptable in meeting the applicant’s need or the needs of service providers, indicating that no existing communications facility could accommodate the applicant’s proposed facility shall consist of any of the following:
i. No existing towers located within the geographic area meet the applicant’s engineering requirements, and why;
ii. Existing towers are not of sufficient height to meet the applicant’s engineering requirements, and cannot be mitigated to increase in height;
iii. Existing towers do not have sufficient structural integrity to support the applicant’s proposed wireless communications facilities and related equipment, and the existing facility cannot be sufficiently improved; and/or
iv. Other limiting factors that render existing wireless communications facilities unsuitable.
2. Technical data included in the report shall include certification by a professional state engineer or other qualified professional, which qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed tower, and accompanying maps and calculations demonstrating the need for the proposed tower;
3. Proof that a property and/or tower owner’s agent has appropriate authorization to act upon the owner’s behalf (if applicable);
4. Signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards;
5. A stamped or sealed structural analysis of the proposed tower prepared by a professional state engineer indicating the proposed and future loading capacity of the tower is compliant with EIA/TIA-222-G (as amended);
6. An affidavit by a radio frequency engineer demonstrating compliance with subsection division (B)(3)(b) above. If a lower ranking alternative is proposed the affidavit shall address why higher ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility;
7. Statement as to the potential visual and aesthetic impacts of the proposed tower and equipment on all adjacent residential zoning districts;
8. Written statement by a professional state land surveyor or engineer specifying the design structural failure modes of the proposed facility;
9. Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are permitted. Sound levels shall not exceed 70 decibels (70 db);
10. A map showing the designated search ring;
11. Materials detailing the locations of existing antenna and tower facilities to which the proposed antenna will be a handoff candidate; including latitude, longitude, and power levels of the proposed and existing antenna is required;
12. A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant’s radio frequency (RF) engineer that the proposed facility’s coverage or capacity potential cannot be achieved by any higher ranked alternative such as a concealed facility, attached facility, replacement facility, co-location, or new tower;
13. These documents are needed to justify a facility and to determine if the proposed location is the best suitable land use in the designated geographic area of the proposed facility;
14. One original and two copies of a survey of the property completed by a professional state land surveyor or engineer showing all existing uses, structures, and improvements;
15. Six sets (24 inches by 36 inches) of signed and sealed site plans shall include the following:
a. Name of project and date;
b. Deed book, and page and map book and page reference;
c. Scale, north arrow, and vicinity map;
d. Subject property information including zoning, watershed classification, percent coverage of lot to be impervious surface (if located in a designated watershed area);
e. Adjacent property information, including land owners, land uses, height of principal building, size of lots, zoning, and land use designation;
f. Tower elevations;
g. Landscape buffering plans;
h. Maximum height of the proposed tower and proposed and future mounting elevations of future antenna, including individual measurement of the base, the tower, and lightning rod;
i. One parking space is required for each tower development area. The space shall be provided within the leased area, or equipment compound, or the development area as defined on the site plan;
j. Location, classification, and size of all major public or private streets and rights-of-way;
k. Identify adjacent features within 500 feet of property boundary including driveways, public parking areas, pedestrian ways, trails, and any other pertinent features; and/or
l. Two reduced copies (eight and one-half inches by 11 inches), of the foregoing preliminary grading plans may be included on-site plans or separately submitted in equal quantities.
16. Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the subject property, together with a full legal description of the property;
17. List of adjacent property owners and keyed to the map. The list shall be from the most current ownership information supplied by the county’s Tax Department, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant’s ability;
18. Simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Planning Department including the facility types the applicant has considered and the impact on adjacent properties including:
a. Overall height;
b. Configuration;
c. Physical location;
d. Mass and scale;
e. Materials and color;
f. Illumination; and/or
g. Architectural design.
19. All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter;
20. A pre-application conference will be required for any new tower. The applicant shall demonstrate that the following notice was mailed (via certified mail) to all other wireless service providers licensed to provide service within the county as indicated on the list of wireless service providers provided by the county:
“Pursuant to the requirements of this Ordinance, applicant is hereby providing you with notice of our intent to meet with the County Staff in a pre-application conference to discuss the location of a free-standing wireless communications facility that would be located at _____ (physical address, latitude and longitude (NAD-83)). In general, we plan to construct a tower of _____ feet in height for the purpose of providing ______ (type of wireless service) ______. Please inform the County Staff if you have any desire for placing additional wireless facilities or equipment within two miles of our proposed tower. Please provide us with this information within twenty business days after the date of this letter. Your cooperation is sincerely appreciated. Sincerely, (pre-application applicant, wireless provider)” |
21. Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and “Objects Affecting Navigable Airspace”, if applicable.
(c) Requirements for new Level IV towers.
1. Technical data included in the report shall include the purpose of the proposed facility as described in the FCC construction permit application.
2. Proof that a property and/or tower owner’s agent has appropriate authorization to act upon the owner’s behalf, if applicable.
3. Signed statement from a qualified person, together with their qualifications, shall be included that warrants radio frequency emissions from the antenna array(s) comply with FCC standards regarding interference to other radio services. The statement shall also certify that both individually and cumulatively, and with any other facilities located on or immediately adjacent to the proposed facility, the replacement antenna complies with FCC standards regarding human exposure to RF energy.
4. A stamped or sealed structural analysis of the proposed tower prepared by a professional state land surveyor or engineer indicating the proposed and future loading capacity of the tower is compliant with EIA/TIA-222-G (as amended).
5. A written statement by a professional state land surveyor or engineer specifying the design structural failure modes of the proposed facility.
6. Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are permitted. Sound levels shall not exceed 70 decibels (70 db).
7. One original and two copies of a survey of the property completed by a professional state land surveyor or engineer showing all existing uses, structures, and improvements.
8. Six sets (24 inches by 36 inches) of signed and sealed site plans shall include the following:
a. Name of project and date;
b. Deed book, and page and map book and page reference;
c. Scale, north arrow, and vicinity map;
d. Subject property information including zoning, watershed classification, percent coverage of lot to be impervious surface (if located in a designated watershed area);
e. Adjacent property information including land owners, land uses, height of principal building, size of lots, and existing zoning and land use;
f. Landscape buffering plans;
g. Maximum height of the proposed tower and/or antenna, including individual measurements of the base, tower, and lightning rod;
h. One parking space is required for each tower development area. The space shall be provided within the leased area, or equipment compound, or the development area as defined on the site plan;
i. Location, classification, and size of all major public or private streets and rights-of-way;
j. Identify adjacent features within 500 feet of property boundary including driveways, public parking areas, pedestrian ways, trails, and any other pertinent features;
k. Two reduced copies (eight and one-half inches by 11 inches), of the foregoing preliminary grading plans may be included on-site plans or separately submitted in equal quantities; and/or
l. Structure elevations.
9. Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the subject property, together with a full legal description of the property.
10. List of property owners within 1,000 feet in residential zoning districts and 500 feet in all other zoning districts and keyed to the map. The list shall be from the most current ownership information supplied by the county’s Tax Department, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant’s ability.
11. A pre-application conference will be required for any new broadcast facility.
12. Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and “Objects Affecting Navigable Airspace”, if applicable.
(C) Firearm certification facilities. All firearms certification facilities not operating or located on an approved firing range are required to obtain special use approval from the county’s Board of Adjustment. All certification facilities that contain a firing range shall adhere to the following standards:
(1) The firearm certification facility’s firing range shall only be utilized for the purpose of displaying the practical skills necessary to obtain certification in this area of instruction. The display of practical skills involving firearms must be conducted in the presence of a certified firearms instructor;
(2) The firing range shall only be occupied by a maximum number of two students and one certified firearms instructor during the qualifying session of the certification process;
(3) The firing range utilized for qualification purposes shall be constructed to be in compliance with the following requirements:
(a) The range backstop shall be constructed in a manner to contain projectiles without risk of ricochet or escape; and
(b) The range backstop or berm shall be constructed to a minimum height of ten feet.
(4) The firing range shall be located to the rear of any structure approved for occupancy that is located on the same parcel of property;
(5) The length of the range measured from the firing line to the backstop shall be no greater than 30 feet;
(6) The range shall be designed to establish the direction of fire to be parallel or perpendicular to and away from all public right(s)-of-way;
(7) Facilities and structures shall adhere to all federal, state and local regulations and code requirements; and/or
(8) The firing range shall be limited to the discharge of handguns only.
(D) Gunsmithing. Gunsmithing facilities operating in conjunction with and are located on an approved firing facility shall be deemed as a permitted accessory use and shall not be required to obtain a special use permit. All other gunsmithing activities and facilities shall be required to obtain a special use permit. All non-exempt gunsmithing facilities shall adhere to the following requirements:
(1) Gunsmithing facilities located within a residential structure shall not engage in the onsite display or sale of firearms.
(2) Facilities that will utilize a test fire vault or berm shall disclose this information on the Board of Adjustment application, site plan and be approved as part of the special use approval.
(3) Gunsmithing facilities shall only utilize a test fire berm for the purpose of verifying proper working order of an assembled or repaired firearm. Recreational or any other form of shooting is prohibited on a test fire berm.
(4) Facilities located within a residential subdivision shall only discharge a firearm within an
approved test fire vault. Outdoor test fire berms are prohibited when gunsmithing facilities are located within a residential subdivision.
(5) Outdoor test fire berms shall only be fired upon from a distance not greater than 25 feet. The direction of fire into the berm shall be away from all right(s)-of-way and inhabitable structures.
(E) Junkyard. The following provisions shall apply to existing and new junkyards. Wherever the provisions of other sections of this chapter require a greater requirement (such as buffers, maintenance, setbacks, and the like) the provisions of such statute shall govern. (The following standards shall be adhered to no later than November 15, 2005 by all property owners.)
The Following Minimum Standards Shall Be Adhered to: | New and Expanding Junkyards | Nonconforming Junkyards |
The Following Minimum Standards Shall Be Adhered to: | New and Expanding Junkyards | Nonconforming Junkyards |
All operations, equipment, junk, and/or inoperable motor vehicles shall be kept within the buffer at all times unless in motion by transportation to and from the site | X | |
Board of Adjustment conditions as set at time of approval | X | |
Buffer shall be adjusted in height to meet the required height requirement and to ensure maximum screening where the street grade is significantly higher than the required buffer and during all seasons of the year | X | X |
Buffering plan shall be submitted in accordance with § 153.158 | X | |
Fences shall be designed to reasonably secure the area from unauthorized entry | X | |
Junked motor vehicles and parts storage areas shall be screened from view from adjacent property and rights-of-way by the following (all requirements shall be met at time of installation and shall be a minimum six feet in height) | § 153.158 | Opaque fence or row of continuous evergreen shrubs |
Junked motor vehicles or parts shall not be stored in the front yard or in the required front yard setback | X | X |
Junked motor vehicles shall not be stacked higher than the screening | X | X |
Maximum of ten junked vehicles outside of automobile salvage yard or enclosed building, unless otherwise specified | ||
Motor vehicles, parts, or other junked materials storage prohibited in setback | X | X |
New automotive repair facilities that have junked motor vehicles and motor vehicles parts storage areas shall be screened from view from adjacent property and rights-of-way | ||
Setback for equipment, junk, and/or inoperable motor vehicles from any adjoining property lot line | 50 ft. | 10 ft. |
Setback from a school, residence, church, or place of public assembly existing at application approval (measured from the closest point of the operational area of the automobile salvage yard) (owner of the junkyard or automobile graveyard shall be exempt) | 1,000 ft. | |
Setback from rights-of-way of any public or private street existing at application approval (property line shall be used if no right-of-way) | 100 ft. | 10 ft. |
The operational area existing at the effective date of the chapter shall not be expanded, except in conformance with the provisions of this chapter | X | X |
Vehicles shall be stored in such a manner that all fire apparatuses and equipment can ingress and egress all areas of the site at all times and be in accordance with all state and federal regulations | X | X |
(F) Manufactured home park.
(1) General provisions.
(a) Standard requirements.
1. Locating manufactured homes.
a. Only one manufactured home shall be located on any manufactured home space at any one time.
b. No manufactured home shall be located or moved within the jurisdiction of the county without obtaining the proper permits required by local and/or state regulations.
2. Address/lot number. Each lot shall clearly display the approved number with a minimum of four inches in size and shall be composed of reflective materials of contrasting colors.
3. Mailboxes. The owner(s) shall install and maintain mailboxes in good condition to allow for postal delivery service for each resident, in accordance with local, state, and federal regulations.
4. Solid waste disposal. The park owner(s) will operate or provide for the operation of a solid waste disposal system, including providing park tenants with appropriate containers. Individual containers shall be waterproof and rodent-proof. The method of garbage disposal shall be noted on the plan and approved by the Board of Adjustment.
(b) Manufactured homes. All manufactured homes shall be properly anchored in accordance with the state regulations for manufactured homes. Additionally, all manufactured homes shall have the entire perimeter skirted at all times so as to enclose the space from the bottom of the manufactured home to grade.
(c) Improvements.
1. Street(s). Maintenance of all internal streets and corresponding drainage facilities shall be the responsibility of the owner(s) of the park. Such streets shall be maintained in a manner to remain free of potholes, breaks in pavement, rough surfaces, standing water, and associated problems which would impede or cause hazards to motor vehicles.
2. Ground cover. In order to control erosion, all land areas shall be protected by landscape material and vegetative ground cover.
3. Fence or wall. Fences or walls shall not be permitted unless approved as part of the park plan. This excludes one temporary pet containment area per manufactured home space. Pet containment areas shall not exceed 120 square feet and shall be made of suitable and durable materials intended for such use that are installed in a good workmanship manner.
(d) Additions and accessory structures.
1. Additions. No living compartment or structure other than that of a prefabricated structure specifically designed for manufactured home use or extension shall be added to any manufactured home parked within the jurisdiction of this chapter. This excludes front and rear uncovered porches and decks not exceeding 100 square feet.
2. Accessory building. One accessory building is permitted per manufactured home lot. Such building shall not exceed 120 square feet in size, shall be located in the rear yard, and shall be compatible to the principal dwelling in terms of exterior building material and color. Existing structures authorized by permit and structurally sound, prior to September 15, 2003 shall be allowed to remain. Refer to division (E)(2)(a)4. below for additional requirements.
3. Carports. Prefabricated structures without any foundation or footings and designed so as when the use for which the temporary structure was erected has ceased, the structure shall be removed in accordance with this chapter. Refer to § 153.115(F)(2) for additional requirements. Carports shall be properly anchored and shall be constructed of rigid materials that are compatible to the principal dwelling in terms of exterior building material and color.
(e) Recreational vehicles.
1. Park model recreational vehicles.
a. Parks with less than 20 spaces will be allowed one park model lot and parks with 20 or more spaces will be allowed two park model lots.
b. These lots are to be used for temporary living quarters for recreation, camping, travel, and seasonal use. The permit will be valid for one year and renewable by the Administrator or designee for one-year periods not to exceed three additional years.
2. Recreational vehicles (RVs). The following provisions shall apply to RVs, except as defined elsewhere in this chapter:
a. Park owner(s) shall be responsible for notifying Planning Department of intention to use park lots for recreational vehicles (RVs):
i. Revised site plan shall be submitted for review and approval by Development Review Board, as required elsewhere in this chapter, prior to establishment of use; and/or
ii. In addition to site plan requirements in § 153.064(D), site plan shall indicate park lots to be designated for this use.
b. Parks shall be permitted use of lots for RVs as follows:
i. Parks with less than 20 lots shall not have more than one RV lot; and/or
ii. Parks with 20 or more lots shall not have more than two RV lots.
c. RV lots shall not be established adjacent to right(s)-of-way;
d. No more than one recreational vehicle shall be permitted per park lot;
e. Address and lot number of park lots to be used for RVs shall be provided in a clearly visible location;
f. No additions, porches, decks, or the like shall be permitted on RV lots;
g. No permanent hardwiring, plumbing, skirting, or other installations of the same nature shall be permitted;
h. Nonconforming parks shall comply with division (E)(2) below, to the greatest extent possible, and shall meet applicable buffer requirements of this chapter prior to establishment of the use;
i. Manufactured home park inspection shall be performed prior to establishment of the use;
j. Park owner(s) shall be responsible for supplying utilities to park lots used for RVs, including water, electricity, waste collection, and solid waste removal:
i. Installation and provision for water and sewage disposal shall be according to the standards of the county’s Department of Public Utilities and the county’s Health Department; and/or
ii. Each lot designated for RV use shall have an electric service pole in compliance with the most recently published version of the National Electrical Code.
k. Section 153.045(B)(2) is not applicable.
(f) Prohibited uses and structures. No part of the park shall be used for nonresidential purposes, excluding facilities related to the maintenance of the park. The following uses and structures shall be prohibited within manufactured home parks:
1. The transfer of a manufactured home space or spaces either by sale or by any other means within a manufactured home park;
2. The storage of abandoned or junk vehicles;
3. The storage of uninhabitable manufactured homes;
4. Recreational vehicles (RVs) as a permanent residence; and
5. Storage of possessions and equipment under the manufactured home.
(2) Standards for new and altered manufactured home parks.
(a) Development standards.
1. Minimum park size. Every manufactured home park shall have a minimum area of five contiguous acres.
2. Minimum manufactured home lot size.
a. Six thousand square feet with both public water and sewer;
b. Ten thousand square feet with public water or sewer; and
c. Twenty thousand square feet no public water or sewer.
3. Maximum density.
a. Six units per acre; and
b. Refer to §§ 153.260 through 153.262 for impervious surface requirements.
4. Setbacks.
a. The manufactured home and accessory structures shall be located not less than 25 feet from the park boundary and at least ten feet from planting or landscape areas.
b. Each manufactured home shall be located not less than 30 feet from any other manufactured home.
c. Accessory structures shall be located not less than 10 feet from a manufactured home.
(b) Improvement standards.
1. Streets and access.
a. All streets shall be paved with a minimum pavement width of 18 feet and shall be located within a cleared right-of-way having a minimum width of 30 feet, except as otherwise required herein.
b. Streets connecting two public right(s)-of-way or extending to adjacent properties shall be built to the minimum construction standards required by NCDOT, including storm drainage facilities as required by the latter.
c. Cul-de-sac streets shall not exceed 1,000 feet in length.
d. All dead-end streets shall be developed as cul-de-sacs.
e. All street names shall be approved by the county’s E-911 Addressing Department.
f. Each manufactured home space shall abut upon an improved street which shall have unobstructed access to a public street.
g. No manufactured home space shall have direct vehicular access to any public right-of-way other than those located within the manufactured home park.
h. A letter of certification by a professional state engineer that the street meets NCDOT standards for the type of facilities installed and proper storm drainage facilities shall be required.
2. Off-street parking pad. Each manufactured home lot shall have two paved parking spaces with a minimum length of 22 feet and a minimum width of nine feet per space.
3. Sidewalks. Sidewalks shall be required along one side of all streets in accordance with § 153.153.
4. Lighting. Adequate lighting shall be provided to illuminate streets, common driveways, walkways, and dead-end streets for the safe movement of vehicles and pedestrians at night. The minimum size street light shall be a 175 watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet.
5. Open space and recreational facilities.
a. Minimum of 8% of the gross area of the manufactured home park shall be dedicated open space and/or recreational open space facilities.
b. One percent of the gross area shall be used for improved recreational open space facilities.
c. No more than one-half of the open space area may be covered by water.
d. Dedicated open space and recreational open space facilities shall be reasonably accessible from all parts of the park, as determined by the Planning Board.
6. Utilities and storm drainage. Adequate water supply and distribution system, sewage disposal system, fire protection, and storm drainage shall be provided for all new and expanded manufactured home parks, in compliance with the provisions of this chapter.
(c) Additional standards.
1. Development in flood hazard areas. Manufactured home parks shall not be located in areas that are susceptible to regular flooding as depicted on the most recently published Federal Emergency Management Agency (FEMA) maps. Existing manufactured home parks located in designated flood hazard areas shall not be allowed to add additional spaces or manufactured homes. Manufactured home parks shall be graded so as to prevent water from ponding or accumulating on the premises.
2. Storage areas. Fenced and screened communal storage areas provided by the park owner(s) for boats, campers, and other accessory vehicles belonging to park residents only shall be permitted.
(3) Maintenance of park and facilities. The park owner(s) and occupants shall keep all park owned facilities, manufactured homes, manufactured home spaces, improvements, equipment, open space, recreational open space, and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of material which would constitute a fire hazard or would cause insect or rodent breeding and harborage.
(4) Termination and reduction in size of manufactured home parks.
(a) Termination. Termination of a manufactured home park shall be in accordance with the parameters set forth in this section. All expenses incurred shall be the responsibility of the park owner(s). The manufactured home park termination process shall be as follows.
1. Manufactured home park owner(s) shall remove, or cause to be removed, all manufactured homes and other structures from the park.
2. Park owner(s) shall submit a complete application to the county’s Planning Department.
3. Upon receipt of a complete application the Administrator, or his or her designee, shall perform an inspection of the manufactured home park. All other required inspections or reviews of other county, local, and state departments shall be the responsibility of the owner(s) to coordinate.
4. Following approvals of all required inspections, the manufactured home park shall be terminated and all required documentation shall be filed with the Planning Department.
(b) Reduction. Reduction in the size of a manufactured home park shall meet the requirements of this section. All expenses incurred shall be the responsibility of the park owner(s).
(G) Mining activities.
(1) Special use permit. No mining shall be commenced in the county’s zoning jurisdictions until a special use permit has been approved by the Board of Adjustment.
(2) Special use approval. Special use approval granted by the Board of Adjustment shall not become effective until a mining permit is issued by the state’s Department of Environment and Natural Resources, North Carolina Division of Land Resources (NCDENR), Land Quality Section, or successor agency.
(a) The operation will not constitute a substantial physical hazard to a neighboring dwelling house, school, religious structure, hospital, commercial or industrial building, public street, or public property.
(b) The operation will not have a significantly adverse effect on the purposes of a publicly-owned park, forest, or recreational open space area.
(4) Special use permit expiration. A special use permit shall automatically expire if at any time after its issuance the state mining permit is revoked or terminated.
(5) Definitions. Definitions as listed in the state general statutes and the Mining Act of 1971, being G.S. §§ 74-46 et seq., both of the state and as amended, shall apply to this subsection.
(6) Permit application. Applicants for a special use permit shall submit to the county’s Planning Department two copies of all documents required by the state for a mining permit application, the reclamation plan, and any maps and charts accompanying these documents. These documents shall be reviewed by the county’s Board of Adjustment.
(7) Buffer and screening standards.
(a) A visual screen shall be established and maintained around that portion of the mining site that is being excavated or being used for the storage of minerals. Such screening is required only when such areas are visible at eye-level at ground elevation, at the time of permit issuance, from state-maintained right(s)-of-way, publicly-owned areas which have been maintained essentially in their natural state of vegetation, adjacent residences, and other buildings, but not including accessory buildings or properties. The screening shall meet the requirements of the “Type B; Option 2” buffer as stated in § 153.158(A)(8)(c)3. Only evergreen plantings shall be utilized to meet the requirements of this section. When excavated areas have been reclaimed in accordance with the following: the Mining Act of 1971, of the state and as amended being G.S. §§ 74-46 et seq., and Title 15, Chapter 5 of NCAC titled Environment and Natural Resources, required artificial screening may be removed.
(b) The visual screening requirements of the previous section may be exempted when:
1. The Planning Department determines that existing vegetative cover will fulfill these requirements. Such natural screening may consist of existing vegetative cover including, but not limited to, trees and shrubs, not less than 50% of which shall be evergreen. Screening may also consist of earthen berms or other artificial screens used individually or in combination with each other and existing vegetation to achieve a screening effect required by this section. Screening materials and vegetation may be located in required buffer areas. All berms and other artificial screens requiring extensive land disturbance shall comply with the state general statutes; and/or
2. It is determined that due to topographic, or other circumstances where, through no fault of the permittee, that the requirements of this section cannot be provided. In such case, an alternative plan shall be submitted to the Planning Department.
(8) Vibration standards. All mining activities in the county shall conform to the vibration policy adopted by the Land Quality Section of the North Carolina Department of Environment and Natural Resources (NCDENR).
(9) Nonconforming mining operations. Mining operations begun prior to the adoption of zoning at the location in which the mine is operating shall be allowed to continue as nonconforming uses after that date. Mining operations for purposes of this section are defined as those in operation or for which an application for a mining permit has been made to the state’s Department of Environment and Natural Resources.
(H) Planned unit development.
(1) Purpose.
(a) It is recognized that only through ingenuity, imagination, and high quality design can planned unit developments be produced which are in keeping with the intent of this chapter while departing from the strict application of conventional use and dimensional requirements. This is done by allowing design flexibility and a mix of residential and nonresidential uses, and/or varying types of both residential and nonresidential uses. Coordination of such development with adequacy of public facilities while maintaining the rural and small town character of the county is a necessity in this type of development.
(b) The constructed and natural landmarks, and social and economic surroundings, are what cause someone to identify with a particular place or community. Characteristics of a location that make it readily recognizable as being unique and different from its surroundings, and providing a feeling of belonging to or being identified with that particular place warrant consideration when developing a planned unit development.
(c) The characteristics of different uses, activities, and/or designs allow them to both be located in proximity to and in harmony with one another through compatibility. Elements affecting compatibility include: height, scale, mass, and bulk of structures; pedestrian and vehicular traffic; vehicular circulation and access; landscaping; lighting; and mitigation of noise, odor, and air pollution. Compatibility is not intended to mean identical; rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development and harmony of the different uses within the proposal with one another.
(d) The intent of the planned unit development regulations of the county is to provide for minimum, conventional development regulations, while allowing a developer the flexibility to determine how to attain superior development through the criteria listed herein.
(2) Development criteria. Unless otherwise stated or outlined herein, all requirements of this chapter shall be met.
(a) Minimum development size. No PUD shall be approved for a site of less than ten contiguous acres under unified ownership or control.
(b) Minimum building setbacks. Unless specified and approved as part of the outline development plan, the minimum setback requirements of this chapter shall be met. The minimum building setback for all single-family development shall be five feet.
(c) Public utilities. Both public water and public sewer services shall be available to serve the proposed planned unit development. Capacity of both services shall be available at the time of approval. The applicant shall provide proposed water and sewer demands to the county’s Department of Public Utilities prior to submission of the special use permit application, and in compliance with the applicable provisions of § 153.155(A).
(d) Permissible uses.
1. Residential uses allowed within a PUD.
a. Proposed planned unit developments primarily residential in use shall be allowed as a special use in the underlying residential zoning district(s) only. Permissible residential uses within a PUD include single-family detached dwellings, two-family duplexes, townhome dwellings, multifamily dwellings, and customary residential accessory uses and structures.
b. Commercial and other nonresidential uses allowed within a residential PUD shall be limited to those uses specified in the O&I and Commercial Zoning Districts.
2. Nonresidential uses allowed within a PUD. Proposed planned unit developments primarily nonresidential in use shall be allowed as a special use in the underlying nonresidential zoning district(s) only. Residential uses allowed within a nonresidential PUD shall be limited to those uses specified in the RA-20M Zoning District.
3. Development located within conservation zoning district. Any portion of a planned unit development located within a conservation zoning district shall be developed to the standards of this chapter and shall not be allowed the flexibility of this section.
4. Nonresidential development within a PUD. Nonresidential development within a PUD shall be arranged to:
a. Separate pedestrian and vehicular traffic such that pedestrians can safely walk between businesses within the planned unit development and from parking areas to businesses; and
b. Provide access from adjacent residential development into nonresidential development areas, whether or not the residential development is existing or is included as part of the nonresidential PUD.
(3) Design guidelines.
(a) Minimum dimensional and amenity requirements. This section describes additional regulations that shall be met for single-family, multifamily, and nonresidential uses within planned unit developments. The regulations shall be applied individually by the desired type of use and density per pod. The developer shall outline which method is intended as part of the application and shall provide a clear intent to seamlessly integrate differing requirements.
1. Single-family uses.
Open Space | Street Pavement Width | Cul-De-Sac Pavement Radius | Street Trees | Curb and Gutter | Sidewalks | |
≥ 20,000 sq. ft. minimum lots | 10% | - | - | - | - | - |
≥ 18,000 sq. ft. minimum lots | 15% | - | - | - | - | - |
≥ 15,000 sq. ft. minimum lots | 20% | - | - | T | T | T |
≥ 12,000 sq. ft. minimum lots | 25% | 29' | 50' | T | T | T |
≥ 9,000 sq. ft. minimum lots | 30% | 29' | 50' | T | T | T |
*As required by this chapter. | ||||||
2. Multifamily uses.
Open Space | Street Pavement Width | Cul-De- Sac Pavement Radius | Street Trees | Curb and Gutter | Sidewalks | Rear Lot Parking Design | Access to Public Transportation | Location within EMU or CMU
| |
≥ 9 units per acre | 10% | - | - | - | T | T | - | - | - |
≥ 12 units per acre | 20% | - | - | - | T | T | - | - | - |
≥ 15 units per acre | 30% | 29' | 50' | T | T | T | - | - | - |
≥ 18 units per acre | 40% | 29' | 50' | T | T | T | T | T | T |
≥ 21 units per acre | 40% | 29' | 50' | T | T | T | T | T | T |
3. Nonresidential uses. Nonresidential uses shall be incorporated within a residential planned unit development when located within the land use plan classifications of medium density residential compact mixed use, employment mixed use or rural center development nodes. Whether developed as a portion of a residential PUD or development of a nonresidential PUD, nonresidential uses shall meet the following criteria.
a. In order to facilitate innovative design of nonresidential areas, there shall be no minimum building setback when located adjacent to other nonresidential uses. However, the outline development plan shall outline all the proposed setbacks.
(b) Streets and access. The transportation network of all planned unit developments shall, at a minimum, meet the standard requirements of this chapter. Further, all streets within a planned unit development shall be located and designed in accordance with the requirements of NCDOT for the type of street proposed.
1. Access to nonresidential uses within primarily residential planned unit developments. Primary vehicular access to commercial development shall not be through intervening local streets.
2. Entrances. At least one point of ingress/egress for a planned unit development shall be located on a minor collector road, at a minimum, as identified by NCDOT. The number of ingress and egress points needed to safely move vehicular traffic from the PUD to the adjoining street(s) shall meet the minimum requirements of this chapter; however, the Board of Adjustment, via review of the outline development plan, may allow additional entrances, under the direction of NCDOT. It shall be the applicant’s responsibility to consult with NCDOT prior to requesting additional entrances.
(c) Parking. Parking requirements shall meet the standards of this chapter. An alternative parking plan may be submitted as part of the outline development plan. Shared parking is encouraged for uses that typically do not generate traffic at the same time.
(d) Signs. A generalized sign plan shall be submitted as part of the outline development plan. The plan shall include the design, type, and illumination source of signs to ensure uniform style throughout the development. All signs shall conform to the applicable requirements of this chapter unless otherwise approved.
(e) Buffering.
1. Perimeter buffering. Planned unit developments shall be required to provide perimeter buffering in accordance with § 153.158. However, when a use within a PUD is located adjacent to an existing, compatible use, the Administrator may reduce both the buffer area and number of plantings required by up to 50%. If the applicant wishes to reduce the buffer by greater than 50%, the Board of Adjustment shall make that determination.
2. Internal buffering. Individual uses within the PUD shall be required to meet the buffer requirements for the specific use unless an alternative internal buffering plan is submitted and approved by the Board of Adjustment as part of outline development plan.
(f) Open space. All planned unit developments shall include open space to optimize use and community interaction within the proposed development, as well as to maintain and preserve significant natural features. Each PUD shall include a minimum amount of open space, as required by this section. Stormwater management measures and other required undeveloped land, such as BMPs, may be included within this required open space area.
1. Required open space.
a. Wetlands. Proposals that include any identified wetlands shall include those areas within the required open space. It is encouraged that, in cases where more than one area of wetlands exists, connections between the wetlands are also included within the open space.
b. Flood areas. Proposals that include any identified flood hazard areas are encouraged to include those areas within the required open space.
c. Water features. Other water features that are not identified as wetlands or flood hazard areas are often overlooked during site development. However, these features may be just as important to the continued success of the natural environment and should therefore be considered for inclusion in required open space.
2. Unimproved open space. Unimproved open space includes any type of open space that is not defined as improved open space by this chapter. All of the required unimproved open space within a PUD shall be recorded at the time of recordation of the first phase of development.
3. Improved open space. A minimum of 10% of the total open space provided shall include improved open space area(s) in primarily residential planned unit developments. Specific improved open space uses shall be proposed by the developer in the outline development plan. Proportionate to its size, each pod of the PUD shall include an area of improved open space. In no case shall open space include less area than the smallest lot of the pod in which the open space is located.
4. Access to open space. In cases where improved open space is located along a right-of-way where improved pedestrian access is not required, this access shall be provided to connect the open space to the nearest required pedestrian access.
(4) Superior design criteria.
(a) A PUD may modify the requirements set forth in this chapter, if the applicant demonstrates how the proposed development is superior to that accomplished through conventional ordinance application. Superior design criteria exceed the standard development requirements of this chapter. While there are numerous techniques that may be utilized for each of the criteria below, it is up to the applicant to determine what is most appropriate for the proposed PUD.
(b) Each of the criteria below shall be met, included, and explained as part of the required outline development plan. It is the duty of the applicant to provide that each of these criteria is met. Each criterion shall be met in order for the Board of Adjustment to consider approval of the development proposal. The Board of Adjustment shall make a determination that the outline development plan adequately meets and explains these criteria to the extent necessary to meet the purpose of this section. Greater detail in explanation of the superior design provided as part of a proposal shall afford a more thorough and informed review process by county staff and the Board of Adjustment.
1. Overall development design. Innovative design of the overall development, which may include access, circulation, privacy, and other factors to create a unique development that compliments or enhances the surrounding community.
2. Architectural design. In planned unit developments, architectural design shall take into consideration the intended character of development as a whole, including seamless transitions between uses. More specifically, architectural design may include building design, location, scale, and/or character, provided to avoid abrupt differences between structures and uses. To determine if superior design has been attained to meet the requirements of this section, the architectural standard regulations of the Highway Corridor Overlay Zoning District shall be used as a benchmark.
3. Sustainability. The intention of sustainability in development is to eliminate negative environmental impacts through sensitive and skillful design. Further, sustainable development is intended to meet existing human needs while preserving the environment so that the needs of future generations can be met without an undue economic burden. Maintaining or enhancing opportunities and community well being, while protecting and restoring the natural environment upon which people and the natural environment depend, are primary features of sustainable development. Ways of living more sustainably can take many forms from reorganizing living conditions and sustainable architecture, including, but not limited to, gray water systems for irrigation, pervious parking, and alternative energy.
4. Preservation of natural and historic features. Community use of natural resources shall do so in a way that does not jeopardize the ability of future generations or the natural environment to live and prosper. For example, preservation of all areas located within the conservation zoning district as open space or utilizing naturally low lying areas for utility easements and walking trails.
5. Transportation system. On-site circulation and off-site traffic consequences shall be addressed as a whole in overall development design. Circulation for vehicle and pedestrian movement should be provided to minimize impacts to existing transportation systems. Transportation systems included as part of a PUD may include traffic calming devices, innovative intersection design, and other techniques to maintain safe traffic movement throughout the development.
6. Public safety and service availability. Availability of public services is a major factor in locating developments. For purposes of this item, public services may include, but is not limited to, the proximity to fire and emergency medical services, hospitals, law enforcement services, libraries, and educational facilities.
(5) Review and approval procedures. In addition to the procedures listed herein, applications for planned unit developments shall meet the requirements of § 153.066.
(a) Predevelopment meeting. A predevelopment meeting shall be scheduled with the Planning Department, and other county departments as applicable, to review the proposed development plan. The predevelopment meeting will allow both the developer(s) and county staff to air out potential issues prior to submittal to the Board of Adjustment. This meeting shall be held before staff will accept a special use application for the proposed development.
(b) Public outreach. A minimum extent of public outreach shall be done by the developer(s) prior to, or in conjunction with, application of the proposed plan in compliance with § 153.067(E)(2).
(c) Outline development plan.
1. Each proposed planned unit development shall include an outline development plan. The purpose of the plan is to describe, in detail, all elements of design and regulation of the site as a whole. Following the inclusion of a succinct development summary, the outline development plan shall include how each of the required conventional regulations are met, including individual phase descriptions of these regulations where necessary. Finally, the plan shall outline how superior design guidelines and individual criteria are met through innovative design, proposed by the developer.
2. The outline development plan shall specify development standards applicable to each use within the planned unit development. If standards have not been specified for a proposed use in the outline development plan, any applicable development standards found elsewhere in this chapter shall be followed. In no case shall proposed development standards fail to meet the intent of this chapter.
(d) Modification(s) of the approved planned unit development (PUD). Modification(s) of the outline development plan, or any preliminary plat/plan and associated requirements, may be made by the Planning Board when requested by the owner(s) and developer(s) after initial approval has been granted by the Board of Adjustment. Such modifications shall not constitute a substantial change to the approved special use permit, as determined by the Administrator. The Board of Adjustment shall review substantial changes to the approved special use permit, such as an increase in density or introduction of a more intensive land use than was originally approved, in accordance with this chapter.
(e) Conflicts. Where conflicts occur after approval by the Board of Adjustment between the approved plan and the requirements of this chapter, or other local, state, or federal regulations, such conflict shall be resolved by the Administrator.
(Ord. passed 10-17-2011; Res. passed 6-18-2012; Res. passed 2-17-2014; Res. passed 5-18-2015; Res. passed 3-21-2016; Res. passed 7-15-2019; Res. passed 10-19-2020; Res. passed 11-16-2020)