The city has a vested economic interest in preserving, maintaining, and sustaining land uses that are compatible with military activities at MCAS Cherry Point. Development located proximate to MCAS Cherry Point has been identified as a critical issue impacting the long-term viability of the military in the city. Additional concerns associated with development include loss of access to air space and river and other marine areas and radio frequency encroachment. The construction of towers and wind energy facilities in areas surrounding MCAS Cherry Point is of utmost concern to the city because those structures may interfere with or impede the military's ability to carry out activities that are vital to its function and future presence. In addition to the purposes set forth in § 152.04, this section regulates communications towers of all types that exceed 50 feet in height and wind energy facilities or turbines for the purpose of protecting military training and deployment operations. This section shall be implemented consistent with the city's commitment to avoiding encroachment on MCAS Cherry Point and avoiding interference with the military's control of airspace.
Development standards applicable to particular transportation, communication and utilities uses identified in Table 155-8, Table of Permitted Uses, are set forth below. Note: Communications towers that are less than 50 feet in height are governed by § 155.0704(A). For the purposes of this section, "towers" means any and all communications towers and all other radio or television towers except for qualified small wireless facilities and public safety towers.
(A) Towers.
(1) Additional requirements. The following shall be required of all towers constructed following the enactment of the UDO, whether approved through the administrative or special use approval processes.
(a) Towers are only permitted in the AICUZ Overlay District pursuant to §§ 154.07 et seq. and Table 154-4.
(b) The tower shall not encroach upon or otherwise interfere with the mission, training, or operations of MCAS Cherry Point. For those towers requiring a special use permit, the Board of Adjustment shall consider whether the proposed tower would cause interference with air navigation routes, air traffic control areas, military training routes, or radar based on the written statement received from the U.S. Marine Corps, Department of the Navy, or the Department of Defense. The Board of Adjustment shall also consider any written statements or oral comments submitted during an evidentiary hearing on the application. If the Board of Adjustment does not receive a written statement or request for additional time to respond from the military within 90 days of issuance of the city’s request to the base commander, the Board of Adjustment may deem that the tower does not interfere with the military.
(c) The perimeter around the base of the tower and all guy anchors shall be surrounded by a security fence or wall at least eight feet in height, unless the entirety of the tower and guy anchor(s) are mounted on a structure above eight feet in height. The guy anchors may be fenced separately in order to comply with the requirements of this division.
(d) Before any tower is approved, a site plan showing location and height of existing and proposed towers(s), guys and the like, along with proposed accessory structures or equipment, proposed landscaping, screening, points of ingress and egress, and any other features that are proposed or existing shall be submitted and approved.
(e) Towers shall be of the monopole type (that is, non-lattice or other multi-poled structure), unless the applicant shows by a preponderance of the evidence that the applicant's purposes are reasonable and could not be accomplished with a monopole tower.
(f) Buildings associated with a tower within a residential zoning district shall not be used as an employment center for any worker. This provision does not prohibit periodic maintenance or monitoring of equipment, instruments or anything else on the site.
(g) Commercial advertising shall not be allowed on a tower or any of its related facilities. However, an identification wall sign is allowed on any accessory structure, provided the sign does not exceed 10% of the wall area.
(h) Engineering evidence must be presented which demonstrates that the proposed use meets all FAA standards, presents no threat to aviation standards, or to persons or property by reason of unusual exposure to aviation hazards. The evidence shall consist of engineering certification that, in the event of collapse, the tower's structure shall crumble in such a way that it will not threaten persons or property on adjoining lots. The cost of all engineering evidence shall be at the expense of the applicant. In addition, the applicant shall provide proof of adequate insurance coverage, covering damages of the facility itself and all surrounding property before any permits are issued.
(i) The maximum height of any privately owned and operated tower is 200 feet whether the tower is free-standing or placed on an existing structure. The maximum height of public safety towers is 500 feet.
(j) The minimum lot size requirements for any tower up to 200 feet in height shall be two acres. The minimum lot size does not apply if facilities are located on existing structures or buildings. Consideration of placing towers on existing structures is encouraged.
(k) No outside storage shall be allowed on any tower facility site.
(l) Any driveway accessing a tower facility shall be paved, at least 20 feet wide, and well maintained. Such drives shall have recorded easements, where appropriate.
(m) The setback distance from existing property lines in all zoning districts for all towers shall be 100 feet, or one foot for every one foot of tower height, whichever is greater.
(n) Before any permit is issued for the construction of a tower, each applicant for approval of any new tower shall provide the Zoning Administrator with an inventory of existing towers located within a one mile radius of the proposed tower, including specific information concerning location, height, and design of each tower. The applicant shall also provide sound engineering evidence as to why any proposed use could not be accomplished by collocating onto existing towers.
(o) The applicant must provide documentation that the proposed tower complies with Federal Radio-Frequency Emission standards.
(p) Towers shall not be allowed within the front yard of any existing development within any zoning district.
(q) All lighting of towers must comply with FAA standards. No lighting shall present a glare to any adjoining properties or into any public right-of-way or a nuisance to pilots.
(r) Towers shall not be constructed within one mile of another free standing telecommunications site.
(2) Structures not subject to the requirement of this section.
(a) Any tower of less than 50 feet in height erected solely for residential or non-commercial (civic, religious and the like) use such as television antennas, satellite dishes or amateur radio antennas. The structure shall, however, comply with all other applicable requirements of the UDO.
(b) Telephone or utility poles erected for the sole purpose of providing basic electrical coverage or non-cellular telephone coverage.
(c) Alternative freestanding tower structures such as clocks, steeples, bell towers and the like, which are not used for telecommunications purposes. The structure shall, however, comply with all other applicable requirements of the UDO.
(d) Qualified small wireless facilities.
(e) Public safety communications towers equal to or less than 200 feet in height as defined in § 155.0706(C).
(3) Administrative approval. The following uses may be approved by the Zoning Administrator after an administrative review is conducted. The approval shall be contingent on the satisfaction of criteria listed in subsection (1) above.
(a) Installation of an antenna on any existing structure other than a residential structure (such as a nonresidential building or water tower) that is greater than 50 feet in height so long as the addition adds no more than 20 feet to the height of the existing structure.
(b) Installation of an antenna on any existing structure other than a residential structure (such as a nonresidential building or water tower) that is less than 50 feet in height, so long as the addition adds no more than 20 feet, or doubles the total height of building, whichever is less.
(c) Installation of an antenna on an existing tower of any height, including the placement of additional buildings directly related to the use, so long as the antenna adds no more than 20 feet, or 25%, whichever is greater, to the height of the existing tower.
(4) Special use permit. All newly constructed towers shall require a special use permit, issued by the Board of Adjustment after public hearing. At the hearing, in addition to meeting the general requirements set forth in the UDO for the issuance of special use permits, the applicant must provide evidence that the applicant has investigated other means for locating proposed facilities than construction of a new tower. The alternative means shall consist of, but are not limited to, consolidating the proposed facility onto an existing tower, stealth technology or constructed so that it would be permitted as an administratively approved use. The evidence shall consist of the following.
(a) The applicant shall send letters to all owners of existing towers within one mile radius of the proposed tower requesting the following information:
1. Tower height;
2. Existing and planned tower uses;
3. Assessment of existing tower’s ability to accommodate proposed antenna without causing radio frequency disturbance or instability; and
4. If subsection (3) above cannot be met, an evaluation of whether existing tower could be modified so as to support an additional antenna without producing electromagnetic interference.
(b) A copy of all responses of the letter required by division (A)(4)(a) above.
(c) A summary explanation of why the applicant believes the proposed tower cannot be located on an existing tower.
(d) Presentation of sound engineering evidence which demonstrates that the location of a new tower rather than the addition onto an existing tower is necessary to avoid interference; is in the interest of public safety; is technologically necessary; or is more practical in any other relevant way.
(e) Sound engineering evidence that the communication tower is designed to support at least one additional telecommunications provider, and a statement that, if commercially reasonable, the owner would be willing to accommodate additional user(s) to attach communications additions onto the proposed tower, so long as the addition(s) does not interfere with the functional purpose of the tower.
(f) Evidence that the proposed tower, if permitted, meets all the requirements established by the UDO.
(B) Qualified small wireless facilities.
(1) The purpose of this section is to:
(a) Minimize the impacts of small wireless facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;
(b) Encourage the location and collocation of small wireless facilities equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts, and to reduce the need for additional antenna-supporting structures;
(c) Encourage coordination between suppliers of small wireless facilities;
(d) Accommodate the growing demand for wireless services and the resulting need for small wireless facilities;
(e) Regulate in accordance with all applicable federal and state laws;
(f) Establish review procedures to ensure that applications for small wireless facilities are reviewed and acted upon within a reasonable period of time or any specific period of time required by law;
(g) Protect the aesthetics of the city while meeting the needs of its citizens and businesses to enjoy the benefits of wireless communications services; and
(h) Encourage the use of existing buildings and structures as locations for small wireless facilities infrastructure so as to minimize the aesthetic impacts of related infrastructure.
(2) It is not the purpose or intent of this section to prohibit or have the effect of prohibiting wireless communications services; unreasonably discriminate among providers of functionally equivalent wireless communication services; regulate the placement, construction or modification of wireless communications facilities on the basis of the environmental effects of radio frequency emissions where it is demonstrated that the small wireless facility does or will comply with applicable FCC regulations; or prohibit or effectively prohibit collocations or modification that the city must approve under state or federal law. The provisions of this Section are in addition to, and do not replace, any obligations an applicant may have under any franchises, licenses, encroachments, or other permits issued by the city.
(3) Siting. To protect the aesthetics of the city, to minimize new visual, aesthetic, and public safety impacts, and to reduce the need for additional antenna-supporting structures, the city prefers that small wireless facilities be collocated on existing utility poles or wireless support structures in the public right of way, concealed, and have their accessory equipment mounted on the utility pole or wireless support structure. These preferences are intended as guidance for development of an application for small wireless facilities.
(4) Applicability; compliance with law; exemptions; application process.
(a) The standards established herein shall apply only to qualifying small wireless facilities and qualifying utility poles, as defined herein. Nothing in this ordinance shall be interpreted to excuse compliance with, or to be in lieu of, any other requirement of state or local law, except as specifically provided herein. Without limitation, the provisions of this ordinance do not permit placement of small wireless facilities on privately-owned utility poles or wireless support structures, or on private property, without the consent of the property owner or any person who has an interest in the property.
(b) The following categories of small wireless facilities are exempt from the requirements set forth in this § 155.0706(B):
1. Any wireless communications facility below 50 feet when measured from ground level which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission and used exclusively for amateur radio operations. (UDO § 155.0706(A)(2)(a)).
2. Satellite dishes. (UDO § 155.0706(A)(2)(a))
3. Eligible facilities requests that satisfy the requirements set forth in § 155.0706(A).
4. Routine maintenance of small wireless facilities; the replacement of small wireless facilities with small wireless facilities that are the same size or smaller; or installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with all applicable laws or regulations by or for a communications service provider authorized to occupy the city rights-of- way.
5. A temporary small wireless facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the city; except that such facility must comply with all federal and state requirements and must be removed at the conclusion of the emergency.
6. Public safety facilities or installations required for public safety on public or private property, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.
7. A small wireless facility located in an interior structure or upon the site of any stadium or athletic facility, provided that the small wireless facility complies with applicable codes.
(5) Application process.
(a) Applicants for any qualifying small wireless facilities, qualifying utility poles, and qualifying city utility poles subject to this § 155.0706(B) shall complete an application as specified in form and content by the city.
(b) An application shall be deemed complete unless the Administrator provides notice otherwise in writing to the applicant within 30 days of submission or within such other time frame as the applicant and Administrator may mutually agree. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The application shall be deemed complete on resubmission if the additional materials cure the deficiencies identified.
(c) The application shall be deemed approved if not approved or denied within 45 days from the time the application is deemed complete or such other time frame as the applicant and Administrator may mutually agree.
(d) An application may be denied only on the basis that it does not meet any one of the following: (i) the city's applicable codes; (ii) local code provisions or regulations that concern public safety, objective design standards for decorative utility poles, city utility poles, or reasonable and nondiscriminatory stealth and concealment requirements, including screening or landscaping for ground-mounted equipment; or (iii) public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way. The Administrator must document the basis for a denial, including the specific code provisions on which the denial was based and send the documentation to the applicant on or before the day the application is denied. The applicant may cure the deficiencies identified and resubmit the application within 30 days of the denial without paying an additional application fee. The Administrator shall approve or deny the revised application within 30 days of the date on which the application was resubmitted. Any subsequent review shall be limited to the deficiencies cited in the prior denial.
(e) The Zoning Administrator will establish written coordination with MCAS Cherry Point for all applications submitted for installation of small wireless facilities.
(6) Collocation of small wireless facilities. Collocation of small wireless facilities on land used as single-family residential property or vacant land that is zoned for single-family development, and any small wireless facility that extends more than ten feet above the utility pole or wireless support structure on which it is collocated, are subject to § 155.0706
(A). Notwithstanding the foregoing, replacement of an existing streetlight for which the city is financially responsible with a streetlight capable of including a collocated, concealed small wireless facility is permitted on land used as single-family residential property or vacant land that is zoned for single-family development, pursuant to the requirements of § 155.0706
(B). Collocations of qualifying small wireless facilities are subject to the following requirements:
(a) Height. Each new small wireless facility shall not extend more than ten feet above the utility pole, city utility pole, or support structure on which it is collocated.
(b) Public safety. In order to protect public safety:
1. Small wireless facilities shall cause no signal or frequency interference with public safety facilities or traffic control devices and shall not physically interfere with other attachments that may be located on the existing pole or structure.
2. A structural engineering report prepared by an engineer licensed by the State of North Carolina, certifying that the host structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennae and other equipment, extensions, and appurtenances associated with the installation.
3. A traffic and pedestrian management plan must be submitted for any installation that requires work in the public right-of-way.
4. No portion of a small wireless facility may be placed in the public right-of-way in a manner that:
a. Obstructs pedestrians or vehicular or bicycle access, obstructs sight lines or visibility for traffic, traffic signage, or signals; or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference; or
b. Involves placement of pole-mounted equipment where lowest point is lower than eight (8) feet above ground level.
(c) An abandoned small wireless facility shall be removed within 180 days of abandonment. Notice shall be provided to the Planning Director within 30 days of any communication facility that is placed out of service. Should the wireless services provider fail to timely remove the abandoned wireless facility, the city may cause such wireless facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless services provider. For purposes of this subsection, a wireless facility shall be deemed abandoned at the earlier of the date that the wireless services provider indicates that it is abandoning such facility or the date that is 180 days after the date that such wireless facility ceases to transmit a signal, unless the wireless services provider gives the city reasonable evidence that it is diligently working to place such wireless facility back in service.
(d) Objective design standards.
1. No advertising signs or logos are permitted on small wireless facilities.
2. Small wireless facilities shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area, except when otherwise required by applicable federal or state regulations. Small wireless facilities shall be located, designed, and/or screened to blend in with the existing natural or built surroundings to reduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the community.
(e) Stealth and concealment. All small wireless facilities shall be stealth facilities. Antenna and accessory equipment must be shrouded or otherwise concealed.
(f) Screening, landscaping, and spacing requirements for ground equipment. Ground equipment shall be screened, to the extent possible, with evergreen plantings or other acceptable alternatives approved by the Planning Director.
(g) Applicable codes. Small wireless facilities must meet applicable codes.
(7) Existing utility poles associated with small wireless facilities. The maintenance, modification, operation, or replacement of existing qualifying utility poles associated with small wireless facilities are subject to the following requirements:
(a) Height. Each modified or replacement utility pole shall not exceed (i) 40 feet above ground level on property zoned for or used as single- family residential property, or in the right-of-way adjacent to such property, where existing utilities are installed underground; or (ii) 50 feet above ground level on all other property. Each new small wireless facility shall not extend more than ten feet above the associated utility pole or wireless support structure on which it is collocated.
(b) Small wireless facilities. All requirements of § 155.0706
(B)(5) apply to small wireless facilities located on a utility pole, city utility pole, or wireless support structure.
(c) Public safety. In order to protect public safety:
1. No portion of a utility pole associated with a small wireless facility may be placed in the public right-of-way in a manner that:
a. Results in the obstruction of pedestrians or vehicular or bicycle access, or of sight lines or visibility for traffic, traffic signage, or signals; or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference; or
b. Involves placement of pole-mounted equipment whose lowest point is lower than eight feet above ground level.
(d) Objective design standards. Utility poles associated with a small wireless facility shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area, except when otherwise required by applicable federal or state regulations. Utility poles associated with a small wireless facility shall be located, designed, and/or screened to blend in with the existing natural or built surroundings to reduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the community.
(e) Stealth and concealment. All small wireless facilities shall be stealth facilities. Antenna and accessory equipment must be shrouded or otherwise concealed.
(f) Applicable codes. Utility poles associated with a small wireless facility must meet applicable codes.
(8) New utility poles associated with small wireless facilities.
(a) New poles may not be erected in a residential area solely for wireless communication equipment attachment unless the applicant has demonstrated it cannot reasonably provide service by:
1. Installing poles outside of the residential area;
2. Attaching equipment to existing poles within the right-of-way; or
3. Installing poles in rights-of-way not contiguous to parcels used for single family residential purposes.
(b) In the event a new pole is proposed in any zoning district, the following provisions apply:
1. Unless a new pole replaces an existing pole in substantially the same location, to the extent practicable, poles shall be installed at least 300 feet from any existing or proposed pole. Any wireless services providers desiring to install poles less than 300 feet apart or desiring to install a new pole within 300 feet of an existing pole shall demonstrate to the city's satisfaction why such placement is necessary.
2. Poles shall be designed pursuant to city standards or the applicable utility's standard, and function as street light poles, utility poles, or traffic signal poles in consultation with the city and the applicable utility, and shall be incorporated into the applicable utility or signaling system.
(9) Standard conditions.
(a) Applicants must obtain all other required permits, authorizations, approvals, agreements, and declarations that may be required for installation, modification, and/or operation of a proposed facility under federal, state, or local law, rules, or regulations, including but not limited to encroachment agreements and FCC approvals. An approval issued under this Section is not in lieu of any other permit required under the UDO or City Code, nor is it a franchise, license, or other authorization to occupy the public right-of-way, or a license, lease, or agreement authorizing occupancy of any other public or private property. It does not create a vested right in occupying any particular location, and an applicant may be required to move and remove facilities at its expense consistent with other provisions of applicable law. An approval issued in error, based on incomplete or false information submitted by an applicant or that conflicts with the provisions of the UDO is not valid. No person may maintain a small wireless facility in place unless required state or federal authorization remains in force.
(b) All small wireless facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the use. This shall include keeping the structures maintained to the visual standards established at the time of approval. The small wireless facility shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 30 calendar days from the date of notification by the city. In public rights-of-way, damaged or deteriorated components must be corrected within five business days of notification.
(c) The property owner(s) or applicant shall submit a certification letter from a North Carolina certified land surveyor or licensed engineer which verifies that structure height complies with the approved development plan.
(d) The applicant or owner shall maintain onsite at the facility contact information for all parties responsible for maintenance of the facility.
(e) Small wireless facilities, whether operating alone or in conjunction with other facilities, shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission.
(f) After written notice to the applicant and/or owner, the city may require the relocation, at the applicant/owner's expense, of any small wireless facility, and the associated utility pole, city utility pole, or wireless support structure on which it is collocated, located in the public right-of-way, as necessary for maintenance or reconfiguration of the right-of- way or for other public projects, or take any other action or combination of actions necessary to protect the health and welfare of the city.
(g) Collocation or modification of small wireless facilities on an existing non-conforming wireless support structure or base station shall not be construed as an expansion, enlargement, or increase in intensity of a non-conforming structure and/or use, provided that the collocation or modification constitute an eligible facilities request.
(C) Communications tower, public safety.
(1) For the purposes of this UDO, public safety communications tower means a telecommunications tower utilized by the federal government, state government, local government or a non-governmental entity engaged in public safety activities. Public safety activities include, but are not limited to, homeland security, law enforcement, emergency management, fire protection and emergency medical services.
(2) Additional requirements.
(a) Public safety communications towers of over 200 feet in height that are initiated, extended, rebuilt or constructed on or after October 1, 2013, must receive the endorsement of the State Building Code Council pursuant to G.S. Ch. 143, Art. 9G.
(b) Public safety communications towers over 200 feet in height must meet the additional requirements set forth for towers in division (A) above.
(c) Public safety communications towers are only permitted in the AICUZ Overlay District pursuant to § 154.07 et seq. and Table 154-4.
(d) Lattice and guy tower structures may reach up to 500 feet in height if (i) the tower is owned by a local, state, or federal government agency and operated primarily for public safety purposes and (ii) the Board of Adjustment determines that the tower does not interfere with military training, deployment operations, or airspace control functions conducted at MCAS Cherry Point.
(e) Privately-owned wireless telecommunications attachments may be co-located on a public safety communications tower as long as the wireless communications tower's primary purpose is to serve public safety purposes.
(D) Public works and public utility facilities essential to the immediate area.
(1) Additional requirements.
(a) All buildings and apparatus shall be set back at least 20 feet from all property lines and shall be designed, landscaped in accordance with the provisions of Chapter 157 and maintained in accordance with other public facilities.
(b) Facilities such as water towers, pumping stations and similar public facilities shall be surrounded by a chain link fence with slats six feet high.
(c) Outside storage of apparatus and equipment is permitted only in the L-I and H-I zoning districts and must be enclosed by a solid fence at least six feet high and screened in accordance with the provisions of Chapter 157.
(d) Noise: equipment-producing noise shall comply with the requirements delineated in Chapter 93 of the city code of ordinances.
(e) Dust: all unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.
(E) Sewage (wastewater) treatment plant.
(1) Additional requirements.
(a) Minimum use separation. All structures, buildings, ponds, lagoons, spreading or drying areas, or enclosed areas used for the operation shall be a minimum of 300 feet from a residentially-used or zoned lot.
(b) Security fencing. Security fencing, a minimum of eight feet in height, shall be provided around hazardous operations, as determined by the Board of Adjustment.
(c) Dust. All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.
(F) Telephone exchange; transformer stations.
(1) Additional requirements.
(a) All buildings and apparatus shall be set back at least 20 feet from all property lines and shall be designed, landscaped and maintained in accordance with other public utility facilities.
(b) Such facilities shall be surrounded by a chain link fence with slats six feet high.
(c) Outside storage of apparatus and equipment is permitted only in the H-I or L-I zoning districts and must be enclosed by a solid fence at least six feet high and screened in accordance with the provisions of Chapter 157.
(d) Noise: equipment-producing noise or sound shall comply with the requirements delineated in Chapter 93 of the code of ordinances.
(e) Dust: all unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.
(G) Water treatment plant.
(1) Additional requirements.
(a) Minimum use separation. All structures, buildings, ponds, lagoons, spreading or drying areas, or enclosed areas used for the operation shall be a minimum of 100 feet from a residentially-used or zoned lot.
(b) Security fencing. Security fencing, a minimum of eight feet in height, shall be provided around hazardous operations, as determined by the Board of Adjustment.
(c) Dust. All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties.
(H) Wind energy facilities/turbines. Wind energy facilities/turbines are prohibited within the city's jurisdiction. For the purposes of this UDO, "wind energy facility/turbines" means a structure of any height that converts wind energy into electricity or other energy through the use of one or more turbines or other structure utilizing propeller blades.
(Ord. passed 7-25-2011; Ord. 13-O-03, passed 9-23-2013; Ord. 20-O-01, passed 2-24-2020; Ord. 21-O-04, passed 6-28-2021)